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06/23/2014AMENDED MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS June 23, 2014 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, June 23, 2014, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Matt Frierson Council Members: Aaron Jenkins; Billie Lancaster; Benny Plata; Edwin Pickle; and A.J. Hasbmi City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Katriana Wright, Deputy City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Bob Hundley, Police Chief, Larry Wright; Fire Chief; Jerry McDaniel, Public Works Director; and Doug Harris, Utilities Director Absent: Council Member: Richard Grossnickle Opening Agenda 1. Call meeting to order. Mayor Frierson called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Bob Bush gave the invocation. 3. Pledge of Allegiance. Council Member Jenkins led the pledge. 4. Citizens' Forum. Reverend James Price, 1230 Shiloh — he commended the City Council for the support of his last proposal. Cheri Bedford, Main Street Coordinator — she said that Paris would be host to Good Morning Texas on July 7 from 8:30 to 9:00 a.m. on the Plaza. Dr. Robert Moseley, 3915 Shannon Drive — played the May 19 recorded statement of Mayor Frierson regarding the role of the mayor. He said he read the information about the PEDC investigation and he would like to see a uniformed council. Regular Council Meeting June 23, 2014 Page 2 Anna Spencer, 1710 34th N.E. — she referred to an agenda item pertaining to the PEDC investigation and Defenbaugh contract, which was posted for a special meeting on June 12 for executive session. She said the meeting was cancelled. Mrs. Spencer said she learned through the media in Sherman, Texas, that the mayor, mayor - pro -tem, city manager and city attorney had a telephone conversation with Mr. Defenbaugh and that he was waiting for further instruction. She said she could only assume that one of them gave Mr. Defenbaugh independent instruction to halt the investigation until further direction. She said PEDC was funded with public money and the public had a right to know what happened. Mrs. Spencer said the investigation was not a waste of funds, but was necessary because city officials did not take corrective action several months ago. Louise Moseley, 3915 Shannon — she said she had seen the council table everything, because they did not want to bring items forward. She said she wanted to know what right the mayor, mayor pro -tem, city manager and city attorney had to get together and call Defenbaugh and keep the rest of the Council out. Judy Battle — she reiterated what Louise Moseley said to the Council. She said the Council was charged with representing the citizens of the City of Paris. She asked that they remove the roadblocks and let the investigation continue. She also said the public wants to know what happened and they deserved to know the truth. Consent Agenda Mayor Frierson inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Hashmi asked about a $5,000 expense for an economic study in that he wanted to know if it was separate from the retail study. Mr. Godwin said there was an environmental study which was different. A Motion to approve the Consent Agenda was made by Council Member Hashmi and seconded by Council Member Jenkins. Motion carried, 6 ayes — 0 nays. 5. Approve the minutes from the City Council meetings on June 3, 2014 (special) and June 9, 2014. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Main Street Advisory Board (5 -13 -2014) b. Planning & Zoning Commission (5 -19 -2014) c. Paris convention & Visitors Council (5 -29 -2014) d. Building & Standards Commission (5 -19 -2014) 7. Receive May monthly financial report. 8. Receive May drainage ditch maintenance report. 9. Receive dilapidated structure report. Regular Council Meeting June 23, 2014 Page 3 10. RESOLUTION NO. 2014 -023: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING AND APPROVING AN ADVANCE FUNDING AGREEMENT (AFA) THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A TRANSPORTATION ENHANCEMENT PROJECT CSJ #0901 -29 -079, DESCRIBED AS WEST PARIS MULTI -USE TRAIL PROJECT; REPEALING RESOLUTION 2014 -019; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular Agenda 11. Approve appointments to the Paris -Lamar County Health District Board. Paris -Lamar County Board of Health Executive Director informed the City Council that the Board met on June 3, 2014, and recommended the appointments of Dr. Rick Erickson, Dr. Bill George, Kristi Graham, and Dr. Lance Whyche to the four board vacancies. A Motion to approve the Health Board's recommendation for the appointments was made by Council Member Hashmi and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 12. Appoint members to the various Boards, Commissions and Committees of the City of Paris. A Motion to table this item until the return of Council Member Grossnickle was made by Council Member Pickle and seconded by Mayor Frierson. Motion failed 3 ayes — 3 nays, with Council Members Hashmi, Lancaster and Jenkins casting the dissenting votes. Mayor Frierson opened the floor for nominations to the boards, commissions and committees. Airport Advisory Board: Council Member Hashmi nominated Dennis Ashby. Motion carried, 6 ayes — 0 nays. Council Member Hashmi nominated Matt Birch. Motion carried, 6 ayes — 0 nays. Council Member Pickle nominated Phillip Payne. Motion carried, 6 ayes — 0 nays. Municipal Band Commission: Council Member Pickle nominated Randy Bunch. Motion carried, 6 ayes — 0 nays. Council Member Jenkins nominated Christian Lindsey. Motion carried, 6 ayes — 0 nays. Building & Standards Commission: Council Member Lancaster nominated Sally McEwin. Motion carried, 6 ayes — 0 nays. Mayor Frierson nominated Randall Lindsey. Motion carried, 6 ayes — 0 nays. Council Member Pickle nominated Ben Vaughn. Motion carried, 6 ayes — 0 nays. Regular Council Meeting June 23, 2014 Page 4 Historic Preservation Commission: Council Member Lancaster nominated Ruth Ann Alsobrook. Motion carried, 6 ayes — 0 nays. Council Member Pickle nominated Cindy Allcorn. Motion carried, 6 ayes — 0 nays. Council Member Pickle nominated Sherrie Holbert. Motion carried, 5 ayes — 1 nay, with Council Member Hashmi casting the dissenting vote. Housing Authority: Council Member Jenkins nominated Gary Savage. Motion carried, 6 ayes — 0 nays. Council Member Jenkins nominated Denise Williams. Motion carried, 6 ayes — 0 nays. Library Advisory Board: Council Member Plata nominated Denise Kornegay. Motion carried, 6 ayes — 0 nays. Council Member Pickle nominated Rebecca Umphrey. Motion carried, 6 ayes — 0 nays. Mayor Frierson nominated Francine Neeley. Motion carried, 6 ayes — 0 nays. Mayor Frierson nominated Mike Pendleton. Motion carried, 6 ayes — 0 nays. Main Street Board: Council Member Pickle nominated Jill Drake. Motion carried, 6 ayes — 0 nays. Council Member Hashmi nominated Glee Emmite. Motion carried, 6 ayes — 0 nays. Council Member Pickle nominated Nancy Waldrum. Motion carried, 6 ayes — 0 nays. Council Member Pickle nominated Melica Starnes. Motion carried, 6 ayes — 0 nays. Paris Economic Development Corporation: Council Member Pickle nominated Don Wilson. Motion failed, 3 ayes — 3 nays, with Council Members Jenkins, Lancaster and Hashmi casting the dissenting votes. Mayor Frierson nominated John Brockman. Motion failed, 3 ayes — 3 nays, with Council Members Jenkins, Lancaster and Hashmi casting the dissenting votes. Council Member Jenkins nominated James Price. Motion failed, 3 ayes — 3 nays, with Mayor Frierson, Council Member Plata and Council Member Pickle casting the dissenting votes. Mayor Frierson recommended that appointments to the PEDC be postponed until the next council meeting when they have the full Council. Planning & Zoning Commission: Council Member Hashmi nominated Jerry Akers. Motion carried, 6 ayes — 0 nays. Council Member Pickle nominated Barney Bray. Motion carried, 6 ayes — 0 nays. Council Member Jenkins nominated Keith Flowers. Motion failed, 3 ayes — 3 nays, with Mayor Frierson, Council Member Plata, and Council Member Pickle casting the dissenting votes. Council Member Plata nominated Billy Trenado. Motion carried, 6 ayes — 0 nays. Council Member Pickle nominated Holland Harper. Motion carried, 4 ayes — 2 nays, with Council Members Lancaster and Hashmi casting the dissenting votes. Traffic Commission: Council Member Plata nominated David Ballard. Motion carried, 6 ayes — 0 nays. Council Member Pickle nominated Stephen Englehardt. Motion carried, 6 ayes — 0 nays. Council Member Pickle nominated Bill Sanders. Motion carried, 6 ayes — 1 nay, with Council Member Plata casting the dissenting vote. Zoning Board of Adjustment: Mayor Frierson nominated Brian Glass. Motion carried, 6 ayes — 0 nays. Regular Council Meeting June 23, 2014 Page 5 Visitor and Convention Council: Mayor Frierson said in addition to the Mayor, one Council Member was to serve on the VC &C. Mayor Frierson nominated Edwin Pickle. Motion carried, 6 ayes — 0 nays. Ark -Tex Council of Governnments: Mayor Frierson said in addition to the Mayor, one Council Member was to serve on ATCOG. Mayor Frierson nominated Council Member Hashmi. Motion carried, 6 ayes — 0 nays. 13. Discuss and act on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 34- 22(b), WATER RATES, SECTION 34- 23(a), (b) AND (c), SEWER RATES, TO REFLECT CHANGES RECOMMENDED BY THE 2014 WATER AND SEWER RATE STUDY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. A Motion to remove this item from the table was made by Council Member Pickle and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. Finance Director Gene Anderson explained that current rates for non - contract customers were determined not to be sufficient to generate the necessary revenue for the Water and Sewer Fund, primarily due to a reduction in consumption by contract customers and the increased efficiency of the contract customers in using the water system. Mr. Anderson said staff recommended the increase based on the necessity to maintain the financial integrity of the fund. Council Member Plata said he thought that the City departments that dealt with water and sewer should look for ways to be more conservative and more efficient. Council Member Hashmi inquired if part of the reason for recommending the rate increase was to keep a good rating and Mr. Anderson said that was correct. Mr. Anderson also said it was important for the City to follow its own policy, or the City would be downgraded. Mayor Frierson inquired about the effect of J. Skinner and Mr. Anderson said their current water usage was included, but they could not estimate the future usage. Mr. Anderson stated that around the year 2000, the City went through the worst situation, because they were operating in the red and nearly had to borrow money from the bank to operate water and sewer. He said at that time there had been several rate studies and it was recommended that rates be increased, but that the Council did not approve a rate increase and that is why the City got in that type of situation. Council Member Hashmi wanted to know how it would affect the City if they tabled this item until October, which would give them a chance to review summer usage. Mr. Anderson explained that when the study was conducted, the consultant reviewed three years of data. Mayor Frierson said he was comfortable with approving this at a later date. Council Member Lancaster said she had a problem with raising rates. Council Member Plata said last time he was on Council and the rates were increased, that the public blamed the Council and he would like for the public to know if the rates are increased that it is done so at the recommendation of staff. Regular Council Meeting June 23, 2014 Page 6 A Motion to approve the increase in rates effective October 1 was made by Council Member Pickle and seconded by Mayor Frierson. Motion failed 3 ayes — 3 nays, with Council Member Plata, Hashmi and Lancaster casting the dissenting votes. A Motion to table this item and bring it back in October for reassessment was made by Council Member Hashmi. Mr. Anderson said the City would have to pay the consultant to update the study and the cost would be about $20,000. Mayor Frierson wanted to know if three months would make a big change and Mr. Anderson said it would not. Mr. Godwin said this could be considered during the budget process. Council Member Hashmi withdrew his Motion. A Motion to table this item until September was made by Council Member Plata and seconded by Council Member Hashmi. Motion carried, 6 ayes — 0 nays. 14. Discuss and appoint one council member to serve on the Chamber's Covered Arena Committee. Mr. Godwin said the committee had requested a Council Member serve on the committee. Council Member Pickle volunteered to serve on the committee and Council Member Lancaster seconded it. Motion carried, 6 ayes — 0 nays. 15. Appoint City Council Liaisons to serve on the various Boards, Commissions and Committees. It was a consensus of the City Council that Council Members serves as liaisons to the following Boards, Commission and Committees: Mayor Frierson - Airport Advisory Board, Historic Preservation Commission, Chamber of Commerce Council Member Grossnickle — Love Civic Center Board Council Member Jenkins — Traffic Commission Council Member Lancaster — Building & Standards, Planning and Zoning, and Airport Development Council Member Plata — Main Street Council Member Pickle — PEDC, Municipal Band, and VC & C Council Member Hashmi — Library Advisory Board 16. Discuss a recycling program and provide direction to staff. Mr. Godwin said that Ed Wayne Samis spoke to the City Council several weeks ago and has brought back additional information. Mr. Samis recommended taking a conservative approach with recycling. He said Ft. Worth was using compactors and the cost of five roll -over units was approximately $3,200 each. Mr. Samis suggested placing units at Wade Park, Leon Regular Council Meeting June 23, 2014 Page 7 Williams Park, Oak Park and the Library, as well as downtown. He said for the past three years they had a recyclable drop -off site on Evergreen, but only 120 cubic yards had been collected. Council Member Hashmi reported that he received an e -mail from Mrs. Spencer and asked Mrs. Spencer to tell the Council what she learned about the Choctaw Nation recycling. Mrs. Spencer explained that the Choctaw Nation had roll -off containers at different buildings and in the month of July took in 5 million pounds, which was then sold. Council Member Hashmi confirmed with Mr. Samis that it was sold for a profit. Mr. Samis said they had studied Choctaw Nation recycling and they were established. Council Member Hashmi inquired if the City of Paris could make money on recycling. Mr. Samis said they could eventually. Council Member Hashmi confirmed with Mr. Samis the expense to be $1,800 a month until they could start selling the recyclables. Mr. Samis told the Council he would also like to pick up metal and oil, as the City had done in the past. He also said these items could be sold. Council Member Plata confirmed placement of the units and added that it would be up to the residents to recycle. Mayor Frierson asked Mr. Samis about the first year of operation. Mr. Samis said there was a nearby city that had been recycling for ten years and their participation rate was 30% and that city contracted with a company do pick up curb -side for about $300,00 a year. Council Member Hashmi said he would like to try recycling for six months and then review it. Following additional discussion, it was a consensus of the City Council that a formal proposal be brought back with a cost benefit analysis for consideration of recycling. 17. Discuss and take action on RESOLUTION NO. 2014 -024: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS OPPOSING THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) AND THE UNITED STATES ARMY CORP OF ENGINEERS (USACE) PROPOSED NEW RULE TO DEFINE "WATERS OF THE UNITED STATES "; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin said the EPA and Corps of Engineers had proposed new rules under the clean Water Act that would expand their regulatory authority. He also said the proposed rules would significantly cause problems for ranchers and farmers. Mr. Godwin said the Texas Farm Bureau had requested counties approve resolutions in opposition to the new rules. A Motion to approve this item was made by Council Member Hashmi and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 18. Discuss and take action on assignment pay for certain firefighters who have assumed additional duties and training. Mr. Godwin said the fire department had 15 firefighters who had assumed additional duties on the dive team and haz mat team for months without being compensated. Chief Wright said a boat was purchased through a grant and that he had been able to get about $100,000 in grant money. He said it was imperative to have these two teams and the requirements went Regular Council Meeting June 23, 2014 Page 8 above and beyond what was required of a firefighter. He said he was proposing to pay $37.50 per pay period for assignment pay and that the five firefighters who were on both teams would be paid $25.00 for the second team assignment. In summary, Chief Wright told the Council there were ten firefighters who would receive $37.50 per pay period and five firefighters who would receive $62.50 per pay period. Council Member Hashmi confirmed with Chief Wright that the City paid for the additional training. He inquired if other emergency personnel could become divers and earn additional pay. Chief Wright said the teams were full but that was possible at a later date. Council Member Plata said when he was on the Council last time, and the dive team was first started that the costs continued to increase. Chief Wright said he would continue to apply for grants. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 6 ayes — 0 nays. 19. Discuss and take action on a council policy regarding proclamations. Mr. Godwin said the issuance of proclamations was under the sole purview of the mayor in most cities and some were issued publicly, either at meetings or at special events; others were mailed or handed out. He said the policy would clarify when proclamations are issued, such as you would have to be 100 to get a birthday proclamation. Mr. Godwin told the Council the policy also included a procedure for requesting proclamations, such as the proclamation had to be made two week in advance. Mayor Frierson said this would be helpful, because he had a request from someone who wanted a proclamation within 48 hours. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 6 ayes — 0 nays. 20. Pursuant to Section 551.071 of the Texas Government Code, Consultation with attorney, to receive legal advice from the City Attorney about pending or contemplated litigation and /or on matters in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, clearly conflict with this chapter, as follows: Forensic Investigation of PEDC and Defenbaugh & Associates contract. Council Member Hashmi confirmed with the city attorney that this was legal. Mayor Frierson convened City Council into executive session at 7:24 p.m. 21. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Frierson reconvened City Council into open session at 7:36 p.m. Mayor Frierson said he believed everyone wanted a resolution to the situation with the PEDC investigation. He said the City Council had a responsibility to their constituents while maintaining dignity and Regular Council Meeting June 23, 2014 Page 9 resolution to the task. He said it was true that Dr. Grossnickle, Mr. Godwin, Mr. McIlyar and himself did recently speak with Mr. Defenbaugh. Mayor Frierson said after receiving Mrs. Clifford's presentation, and hearing the amount of money being spent with no promise of a written report, left unanswered questions. He said after the PEDC special meeting Mr. Defenbaugh was to release his report, which was after it was reported no written reports existed. Mayor Frierson said he took the step to initiate a conference call between the city attorney, Mrs. Clifford and himself. According to the city attorney, Mrs. Clifford declined to accept that phone call. He said he had no choice but to call a special City Council meeting to discuss the ongoing process. Prior to that time, he said he decided that the mayor pro -tem, the city attorney, the city manager and himself should contact Mr. Defenbaugh to see what other information he could share with them to determine whether or not the special meeting on the 121' could proceed. He said he did not want to make any mistakes and his only concern was a resolution of this matter. Mayor Frierson emphasized that in no way, form or fashion was there any conversation about shutting down the investigation or stopping any work by Defenbaugh and Associates. He said the conversation centered on the areas that were left unresolved after the presentation by Mrs. Clifford to the City Council, such as the following: 1) when asked by the City Council about the initial visit of Mr. Defenbaugh and his staff, which took place prior to the contract being approved; Mrs. Clifford said she was aware of the charge and inquired about it. She said they were given a reduced rate and she let it go. Mr. Defenbaugh said when they were invited to Paris, he was told that the charges would be taken care of, 2) when asked about those in attendance at the initial meeting, Mrs. Clifford said no one else from her board was in attendance. She also said the meeting was held at Dr. Hashmi's office with both her and Dr. Hashmi in attendance. Mr. Defenbaugh confirmed this, but also noted there was one more person in attendance and that was Bill Strathern. Mr. Strathern is not a member of the PEDC is not on the Council and is not a resident of the City of Paris. Mr. Strathern was not identified as a member of any applicable board or a constituency; 3) Mrs. Clifford identified herself and Shannon Barrentine as those in touch with Defenbaugh and Associates. She did not identify anyone further. Mr. Defenbaugh was asked the same question and he said Mr. Strathern was also involved in supplying information to the point that Mr. Strathern physically took documents to his Dallas Office; 4) Mr. Defenbaugh was asked again where his information came from and he responded by saying there were over 900 documents and e -mails supplied to his firm. He was asked, as was Mrs. Clifford, what individual parties had he spoken with that might be a target of this investigation where it be former PEDC directors or HWH representatives, etc. and he said he had spoken to no one other than those previously mentioned; 5) the Council was told there was no written report available despite the contractual language stating that this was to be expected within 30 days of the contract inception, in addition to the weekly oral reports that were given only to the board chair. The Council was told that it was turned over to the FBI and no further comment was given. When Mr. Defenbaugh was asked why there was no written report he responded he was told by Mrs. Clifford to not provide a written report. It was this facet that led to the special meeting be cancelled; and 6) Mr. Defenbaugh was asked about the timeline as to when might get a decision from the FBI and he said in multiple weeks. Mr. Defenbaugh was asked when they might expect a final report and he said he had not prepared a final report, but only prepared preliminary reports in rough draft at this time. Mayor Frierson said he did not see anything that had been done to stop the process and then he asked the city attorney to give an update he had received from Mr. Defenbaugh. Regular Council Meeting June 23, 2014 Page 10 City Attorney Kent McIlyar informed the City Council that on or about June 12 Danny Defenbaugh contacted him and it was his understanding that Mr. Defenbaugh also contacted Rebecca Clifford that day. Mr. McIlyar said Mr. Defenbaugh reported to him he had been contacted by the supervisory agent with the FBI Sherman office, and that they had reviewed the information submitted by Defenbaugh to the FBI Office related to the PEDC forensic investigation and that it did not rise to the level of opening a criminal investigation by them at this time. Council Member Hashmi told Mayor Frierson he appreciated his statement, because the general impression was that he or someone else took the liberty to not pursue the investigation. Mayor Frierson said he read that in the memo and that bothered him. He also said the investigation was ongoing and they need to find out what was bad and get it corrected. Council Member Hashmi told Mayor Frierson the telephone conversation that took place was in violation of the Open Meetings Act Sections 551.001(e) and (g). Council Member Hashmi said there were certain rules that must be established for telephone conversations and section (e) referred to meetings of less than a quorum which speaks to a walking quorum. He said two Council Members discussing a fact which had been off and on the agenda, whether it was to gather information was considered a quorum where four members were present or not. Council Member Hashmi said a governmental body may hold an open or closed meeting by telephone only if it meets three requirements and those requirements were not met and none of the three requirements fit into an emergency conversation. Council Member Hashmi said if there was to be a telephone conversation then it must be posted on the city web -site and the opportunity needs to be given to the public to either hear the conversation before, after or during the conversation. He also said everyone makes mistakes, but a problem arises once they take the open government training. He told the Council he wanted to point it out, so that in the future they can avoid this type of occurrence. He said he did understand why the telephone conversation was urgent, because Mr. Defenbaugh was scheduled for the PEDC meeting on Monday and it sounded as though the telephone conversation took place on a Thursday or Friday. He said he did not understand what was so urgent. Council Member Hashmi stated if Mr. Defenbaugh said there was nothing wrong, that was fine. He said the investigation was ordered to eliminate doubts of wrong doing or if something was wrong, then corrective action should be taken and people held accountable for their actions. He said during the conversation with Mr. Defenbaugh, the mayor should have demanded a report citing the contract provision. Council Member Hashmi said he was disappointed in Mayor Frierson but more disappointed in the city attorney. He said the city attorney should stop the City Council when there is a problem. He said the city attorney should have given better advice in not to have a walking quorum and to not violate the acts he mentioned. Council Member Hashmi said he was not a legal expert and if he was wrong to tell him. Mayor Frierson told Council Member Hashmi he understood what he was saying about the phone conversation and if that was his interpretation of the Open Meeting Act that he was not disputing his opinion, but before they got lost in that the issue was the City Council did not get the answers that they needed and some of the answers they did get were not right. Council Member Hashmi said the entire Council wants the answers. Council Member Pickle said he Regular Council Meeting June 23, 2014 Page 11 wanted a written report. Council Member Hashmi reiterated what he described was a violation of the open meetings act and that he was willing to forget it as long as it does not happen again and if the Council will demand submission of a written report. Council Member Lancaster said they had a difference of opinion, but there was a solution and that was to ask for a completed report to be delivered to the PEDC, to the Council and to the public. Council Member Pickle inquired as to a timeframe. Mayor Frierson asked if Council wanted to put a time line on this. Council Members Hashmi and Pickle both agreed they should have already received the report. Council Member Lancaster inquired of the mayor what a reasonable timeframe was and said he was more aware of the volume. Mayor Frierson said he had not seen the report and had no idea about the volume. Council Member Lancaster said the city attorney knew about the volume. City Attorney Kent McIlyar said he would like to address the open meetings question. Mr. McIlyar said a Council Member placing a phone call to a third party related to city business did not constitute a public meeting, that there was no quorum, and that a posting was not required under the Texas Open Meetings Act. Mr. McIlyar told the Council that part of being a Council Member was being called by constituents and people doing business with Paris. He stated if you can't find out what is going on with an investigation there was nothing wrong with the mayor calling that investigator and inquiring as to why there has been no written report in two or three months and about the status of the investigation. Mr. McIlyar said this was not a violation of the Texas Open Meetings Act. Council Member Hashmi said he wanted to read the section from the Texas Open Meetings Handbook 2014. Mayor Frierson said there was a Motion on the floor. Council Member Hashmi said he wanted to read the section and wanted to know why the city attorney was allowed to speak when there was a Motion on the floor, but that he could not speak. Mayor Frierson said Council Member Hashmi had spoken and he was giving the city attorney a chance to respond. Mayor Frierson inquired of Council Member Lancaster a date in mind in mid -July. Council Member Lancaster said she was inquiring of Mr. McIlyar about the volume and asked him what he thought it would take to pull this together into a final report. Mr. McIlyar said from what he had seen, it was quite voluminous. Council Member Lancaster asked if he thought it would take a month. Mr. McIlyar said he could not speak for Mr. Defenbaugh, as he did not know how long it would take him. He said he thought there were categories of reports and sub- categories. Mr. McIlyar also said Mr. Defenbaugh had generated draft preliminary reports. He said Council Member Lancaster would have to correspond with Mr. Defenbaugh to find out how long it would take him. Council Member Lancaster said she was going to give him two months and that was way longer than she wanted. Council Member Pickle asked for a date. Mayor Frierson said the second council meeting in July was July 28. Council Member Lancaster said as best as Mr. Defenbaugh could summarize what he had produced. Mayor Frierson agreed with Council Member Lancaster. Regular Council Meeting June 23, 2014 Page 12 Mayor Frierson said there was a Motion on the floor and Council Member Pickle seconded the Motion. Mayor Frierson asked if there was any further discussion. Council Member Hashmi said the only discussion he had was that he could have finished the discussion, but that he would now take legal action on this. Mayor Frierson called for a vote and the Motion carried, 6 ayes — 0 nays. Council Member Lancaster inquired of the date and Mayor Frierson say July 28. Council Member Lancaster said since it was brought up that she could contact the gentleman, she wanted to know if that was true. Council Member Pickle said to ask Dr. Hashmi and Mayor Frierson asked Mr. McIlyar. Council Member Lancaster said she was asking the attorney. Mr. McIlyar stated that there were certain City Council Members that felt it was inappropriate for City Council Members to make phone calls. Council Member Lancaster said she was asking him. Mr. McIlyar suggested if Council Members wanted to communicate with Mr. Defenbaugh that the Council appoint someone as their leader to do that. Council Member Lancaster asked for volunteers. Council Members Pickle and Plata said it should be the mayor. Council Member Lancaster said she was not for that, if it was not legal and Council Member Hashmi said it was not legal. Council Member Pickle said it was legal for one person. Council Member Lancaster said she was asking for an opinion. Mr. McIlyar said if the City Council wanted to decide among themselves who they wanted to designate, whether it was one person or two people or whether it was Mrs. Clifford, to be the person to communicate with Mr. Defenbaugh, then they needed to decide that. Council Member Hashmi said he did not understand, because the contract was with PEDC, the contract was not signed by the City Council, and that the City Council only directed PEDC to engage in the contract. He questioned what legal right Council had to do anything about it and the Motion should be to stop or not stop PEDC. Mr. McIlyar said the City Council initiated the investigation. Council Member Hashmi said the City Council did not have a contract with Defenbaugh. Mr. McIlyar said the City of Paris was referenced several times in the contract. Council Member Pickle asked if he could amend Council Member Lancaster's Motion that they notify Mrs. Clifford the Council would like to have a report from Defenbaugh and Associates and the PEDC for July 28. Council Member Lancaster said with the stipulation that the PEDC Board receive a copy, the City Council receives a copy and that they are able to share the report with the public. Council Member Pickle said absolutely. Council Member Pickle amended Council Member Lancaster's Motion that they request Mrs. Clifford contact Defenbaugh and Associates and give them a deadline to present them with a written copy as of the Council meeting on July 28, 2014, and at the same time provide every member of the Council, as well as every member of the PEDC with a copy of that report. Council Member Lancaster confirmed with the availability to share the report with the public. Council Member Pickle said yes, and the availability to share it with the public. Mayor Frierson inquired if they needed to vote again and Mr. McIlyar said a second was needed on the amended Motion. Council Member Pickle questioned if Council Member Lancaster could second his Motion and Council Member Lancaster said she would accept Council Member Pickle's amended Motion. Mr. McIlyar said a second was needed on the amended Motion and Council Member Plata seconded the Motion. Motion carried, 6 ayes — 0 nays. Regular Council Meeting June 23, 2014 Page 13 22. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Nothing was referenced. 23. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Frierson and was seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 8:05 p.m. MATT FRIERSON, MAYOR