Minutes - Regular Meeting - 8/27/2001 (2) Ethics Review Commission Meeting
August 27, 2001
The Ethics Review Commission of the City of Round Rock, Texas met on Monday, August 27,
2001 at 7:00 p.m. in the City Council Chamber, 221 East Main Street,Round Rock, Texas.
Roll Call: Those members present were Berry Sullivan, Chairman, Marvin Denman, Vice-
Chairman, Commissioners Dennis Graffious, Philip Merrill, and Phil Scott. Commissioners David
Adkins and Carol Chafin were absent. Also present were Assistant City Manager Joanne Land and
Special Counsel for the Ethics Review Commission Barney Knight.
Approval of Minutes: March 19, 2001 and July 30, 2001
MOTION: Commissioner Graffious moved to approve minutes of March 19, 2001.
Commissioner Denman seconded the motion.
VOTE: Ayes: Commissioner Denman
Commissioner Graffious
Commissioner Merrill
Commissioner Scott
Commissioner Sullivan
Noes: None
Absent: Commissioner Adkins
Commissioner Chafin
ACTION: The motion carried unanimously.
MOTION: Commissioner Denman moved to approve minutes of July 30, 2001. Commissioner
Scott seconded the motion.
VOTE: Ayes: Commissioner Denman
Commissioner Graffious
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Commissioner Merrill
Commissioner Scott
Commissioner Sullivan
Noes: None
Absent: Commissioner Adkins
Commissioner Chafin
ACTION: The motion carried unanimously.
Consider the request filed by Jim Nuse,Public Works Director for an advisory opinion pursuant
to Chapter 1, Section 1.906(8) Code of Ordinances 1995 Edition.
Jim Nuse, the City's Public Works Director owns a home at 2760 Gattis School Road. He has
come before the Ethics Review Commission seeking an advisory opinion on two situations regarding
his property,which he purchased in the spring of 1999. Section 1.903(e) of the Ethics Ordinance
prohibits him from participating"...in any decision making process if the official or employee has a
direct financial interest in the outcome of the matter under consideration."It also prohibits him from
participating"in any decision making process on any matter concerning real property"that he owns.
Mr. Nuse informed the Commission that neither of the two situations brought before the Commission
will result in a direct financial interest to him in their final outcomes.
Joe Vining, Planning Director made a brief presentation on the platting process for the
unrecorded subdivision and on establishing legal lots prior to extending utilities to properties. He
provided a map that showed where Mr. Nuse's home is in conjunctions to the proposed high school
and the lots that would be platted to have utilities extended to them.
The Commission asked Mr. Vining questions regarding the maintenance of streets, right-of-
way acquisition,building permits, time frame for property owners to tie into utilities and cost for tying
into the mains.
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The Commission asked Mr. Nuse if it was necessary for him to participate in the platting of the
subdivisions. Mr. Nuse responded that it was not necessary for him to participate in the platting
process. The Commission asked Mr. Nuse if it was necessary for him to participate in the planning of
the school. Mr. Nuse responded that he would need to be involved in this process especially since the
high school can have a huge impact on the City. He proceeded to explain that his involvement would
be related to the utility portion of the development.
Mr. Knight outlined the issues that the Commission would need to be address and advised the
Commission that they would need to give a specific advisory opinion to Mr. Nuse.
The following motion is in regard to the first request for an advisory opinion, which is: "A
project approved in the 1995 G.O. Bond election is to improve several streets in the Gattis School Rd.
and Double Creek Dr. area. In order to accomplish these improvements, it is desirable, if not necessary,
to properly plat several tracts of land located in the area, including the tract, which I own. The City has
agreed to assist the property owners in preparing the surveys and documents necessary to plat the
properties. While no street or utility improvements will be constructed on or adjacent to my property,
my tract is within the boundary of the overall area, and is one of the ones sought to be platted."
MOTION: Commissioner Denman moved that the Ethics Review Commission advise Mr.
Nuse not to participate in any discussion concerning the platting of the properties in his role as the
Public Works Director but he can participate in discussion only as a property owner. Commissioner
Scott seconded the motion.
VOTE: Ayes: Commissioner Denman
Commissioner Graffious
Commissioner Merrill
Commissioner Scott
Commissioner Sullivan
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Noes: None
Absent: Commissioner Adkins
Commissioner Chafin
ACTION: The motion carried unanimously.
The following motion is in regard to the second request for an advisory opinion, which is: "The
Round Rock ISD has purchased a large tract of land located south of Gattis School Rd. for a new high
school. This tract is directly across Gattis School Rd. from my property. Significant development will
occur on the school property, including the extension of water and wastewater lines to provide utility
service to the proposed school. The City and the Public Works Department will be extensively
involved in the discussions with RRISD officials in the planning and development of the tract."
MOTION: Commissioner Merrill moved that the Ethics Review Commission advise Mr. Nuse
that the mere proximity of the property does not cause a conflict and advise Mr. Nuse to exercise care
and discretion regarding participation with respect to components of the project that may more directly
affect his property. Commissioner Graffious second the motion.
VOTE: Ayes: Commissioner Denman
Commissioner Graffious
Commissioner Merrill
Commissioner Scott
Commissioner Sullivan
Noes: None
Absent: Commissioner Adkins
Commissioner Chafin
ACTION: The motion carried unanimously.
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Adjournment
There being no further business, the meeting adjourned at 8:50 p.m.
Respectfully submitted,
Christine Martinez
Assistant City Secretary
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