Did you know that
Llano City Attorney Carey Bovey Knowingly "Misrepresented" Facts to
District Court and City Council?
This is a serious issue for property owners of Llano
- an overhaul of the comprehensive plan by a consultant
to be hired by City
Manager Brenton Lewis and Mayor Mikel Virdell. The Comprehensive Plan
defines what changes are allowed to the zoning ordinance which
determines what you can do with YOUR property. The philosophy of our
City Manager, Mayor, and Planning & Zoning Commission Chair is that the
CITY decides the "best use" for YOUR property. See the details
here
- and worry a lot.
So in February, a
petition for injunction was filed
in Llano District Court to stop the use of a consultant and allow
citizens to decide how their property should be used. The petition is
based on a violation of the Texas Open Meetings Act asserting that the
City did not notify citizens that a grant application to be discussed
was for a Comprehensive Plan overhaul.
City Attorney Bovey's defense is that the
Comprehensive Plan was just one of the options for the grant that came
up during the meeting and it was not known before the meeting.
The transcript from the council meeting, below,
unequivocally shows that the purpose of the grant was for an overhaul of
the Comprehensive Plan, it was the only purpose discussed, and it was known
before the meeting.
Thus, City Attorney Carey Bovey lied, a.k.a.
Knowingly "Misrepresented" Facts, in a signed document filed in the
Llano District Court and to the Llano City Council.
See the details in the
Motion for
Sanctions that was filed in Llano District Court.
The motion for sanctions asserts that Mr. Bovey knowingly misrepresented the
facts of the central aspect of his defense, the only substantive
argument, with the intent to influence the Court as well as influence
Llano City Council in rejecting a settlement offer of $378 (filing
costs). Three of the five council members, Todd Keller,
Bryan Miiler, and Allen Hopson, did vote against the settlement. For
financial reasons alone, $378 vs. $Thousands, should have been
sufficient to choose to settle.
Following the filing for
sanctions against Bovey, a new settlement offer was sent:
| Settlement Offer |
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1. City will
establish a citizen committee to create a Comprehensive Plan,
led by a citizen. Should the TxCDBG grant be awarded, unlikely,
the money will be used by the committee for specific research.
2a. The motion
for sanctions will be withdrawn. All legal, filing, court, and
other costs be paid by or reimbursed by City Attorney Carey
Bovey.
Or 2b. The
motion for sanctions will not be withdrawn. The City will
reimburse all filing costs and any other costs incurred by
Sewell for cause 19243. [$378]
|
Hopefully, one the the three aldermen will not
continue to be influenced by City Attorney Bovey's misrepresentations of
fact and allow citizens to determine for themselves how they will use
their own property. Hopefully,
City Attorney Bovey will pay for his mistake rather than make citizens
pay.
It is extremely complex and difficult for a citizen to object to illegal
city actions. Local lawyers are not willing to assist. It makes it
exceedingly
more difficult when the City Attorney knowingly misrepresents the facts
to mislead the Court and Llano City Council.
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Fact #1: Purpose of the TxCDBG Grant is an Overhaul of the
Comprehensive Plan
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From the video transcript of the council
meeting , the following are exact quotes:
1.
City Manager
Lewis introducing the H-1 Agenda Item, showing the true reason
for the grant – “[grant] for the comprehensive plan”
2.
Cindy Gutierrez
from Gary R. Taylor & Associates
- “discussing with Brenton different aspects of what to
redo the city's comprehensive plan”
3.
Cindy
Gutierrez’s last statement - “it is kinda just to overhaul
city's comprehensive plan”
4.
Mayor Virdell
closing the subject, reinforcing the true reason for the grant –
“Any comments on the Comprehensive Plan Grant?”
5.
There was no
discussion. Total about 2 minutes on the entire subject.
6.
There was one
question from Alderman John Ferguson – “What’s in mind for this
grant?”
7.
Brenton Lewis
responds to John Ferguson’s question – “basically it’s to
overhaul the Comprehensive Plan.”
8.
John Ferguson
asks for confirmation – “Comprehensive Plan that would guide
Planning & Zoning?
9.
Brenton responds
to John Ferguson’s follow-up question – “Right. That’s right.”
10.
There were no other purposes for the grant
mentioned or discussed.
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