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07/28/2014MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS July 28, 2014 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, July 28, 2014, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Matt Frierson Council Members: Richard Grossnickle; Aaron Jenkins; Billie Lancaster; Benny Plata; Edwin Pickle; and A.J. Hashmi City Staff: Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Alan Efrussy, Planning Director; Shawn Napier, City Engineer; Jerry McDaniel, Public Works Director; Larry Wright, Fire Chief; Bob Hundley, Police Chief, and Priscilla McAnally, Library Director; and Doug Harris, Utilities Director Absent: John Godwin, City Manager Opening Agenda 1. Call meeting to order. Mayor Frierson called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Charlotte Coyle gave the invocation. 3. Pledge of Allegiance. Council Member Jenkins led the pledge. 4. Citizens' Forum. Cheri Bedford, Main Street Director — she invited everyone to participate in the Project Six Square Art to be held at the Gibraltar. She asked everyone to pick up a 6x6 canvass from her, construct an art media on the canvass, and return to her to be sold at the event. Mrs. Bedford said this was a fundraiser to assist in construction of downtown bathrooms. Lisa Spann — on behalf of Meals on Wheels, she thanked the City Council for their support in participating in the "Can Can Follies" and invited everyone to attend the event on August 8th at PJC. Regular Council Meeting July 28, 2014 Page 2 James Price, 1230 W. Shiloh — he expressed appreciation to Council Members Jenkins, Lancaster, Pickle and Hashmi for coming out to help with the Keep Paris Beautiful event. He also asked that Council Member Lancaster be provided with the report she requested. Gary Savage — he said he was appointed to serve on the Housing Authority and had been contacted two weeks ago by the city clerk explaining there was an issue with the appointments. He said he had not received anything and he thought the two people that were previously appointed should be appointed to serve on the Board. Michael Glatfelter, 1345 S.E. 6t' Street — he said he was vice -chair of Historic Review Board. He also said on July 9 they had a meeting and around 3:00, while driving home on Sixth Street he slowed down to look at a house that was rented every month. Mr. Glatfelter stated there was a police officer behind him and stopped him at his house. He complained about the policemen and said he never wanted to see the police on his property again. Consent Agenda Mayor Frierson asked that item 12 be removed from the Consent Agenda and tabled, because the attorney for First United Methodist Church had not reviewed the agreement. A Motion to remove item 12 from the Consent Agenda was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. A Motion to table the item was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. Mayor Frierson inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. With the exception of item 12, a Motion to approve the consent agenda was made by Council Member Pickle and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meetings on June 23, 2014 (amended) and July 14, 2014. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation (May 6, 2014; May 12, 2014; June 3, 2014; and June 3, 2014 (joint meeting with City Council). b. Airport Advisory Board (May 15, 2014). c. Historic Preservation Commission (May 14, 2014). 7. Receive June monthly financial report. 8. Receive June drainage ditch maintenance report. 9. Receive dilapidated structure report. 10. Repeal board appointments made to the Housing Authority on June 23, 2014. Regular Council Meeting July 28, 2014 Page 3 11. Approve RESOLUTION NO. 2014 -026: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ABANDONMENT A 2,081 SQUARE FOOT PARCEL OF PUBLIC RIGHT -OF -WAY LOCATED BETWEEN LOTS 12A AND 13, BLOCK 74, CITY OF PARIS, LAMAR COUNTY, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 12. Approve a Memorandum of Understanding between the City of Paris and First United Methodist Church for a spray park. Regular Agenda 13. City Attorney to provide Council with duties and responsibilities, in regard to Council Members. Discussion/and or action. Mayor Frierson stated that Council Member Lancaster requested this item and inquired if it was satisfactory with her for Mr. McIlyar to read his job description, which included roles and responsibilities of the city attorney. Council Member Lancaster said that was fine as long as she was allowed to speak. Mr. McIlyar said he was not sure what Council Member Lancaster wanted on this item, so he brought the official city job description for city attorney as maintained in the HR department and read the job description. Council Member Lancaster said she had an occasion to inquire the city attorney several items relating to the Defenbaugh investigation, but never came to a satisfactory answer to her. Mayor Frierson reminded Council Member Lancaster the agenda item was to discuss the roles and responsibilities of the city attorney. She said she was going to discuss where he went wrong and Mayor Frierson reiterated this item was not about Kent. Council Member Lancaster said she was not going to be gagged, this was her agenda item and it was placed on the agenda to tell the city attorney that he did not represent her and that is why she asked for a definition of his responsibilities. Mayor Frierson reminded Council Member Lancaster this was not on the agenda. Council Member Lancaster said she was not going to be shut up. Council Member Lancaster said the city attorney told her that everything had to be the whole council and not an individual support. She said she never understood his duties to be that. Mr. McIlyar said he had written a legal memorandum to the entire City Council on that point and that she was going to have a chance to bring that up under item 20 on the agenda. She said she was sorely disappointed in him. Mr. McIlyar said he was sorry, but they had a difference of opinion and they could discuss that later if she would like to discuss it. Council Member Lancaster said she was not going to be shut up and she would put it in the paper if she had to. She said she was not represented and she thought the people were not represented and that was contrary to what he should be doing for the Council and the citizens of Paris. Council Member Lancaster said as a council member she was denied access to the Defenbaugh reports. She said the League said that a council member could not be denied that information. Mr. McIlyar asked exactly what she was denied. She said she was denied the preliminary reports. He inquired if she was referring to the draft report prepared by Defenbaugh. Council Member Lancaster said she was referring to the preliminary reports. Mr. McIlyar further inquired if she was referring to the Defenbaugh report Regular Council Meeting July 28, 2014 Page 4 that was issued in the middle of June and Council Member Lancaster answered in the affirmative. Mr. McIlyar said he explained to her on Friday that report was not a city document but was a draft report from a third party investigator hired by the PEDC. Mr. McIlyar stated he was not at liberty to release the report to her or to anyone without direction from the entire City Council. Council Member Lancaster asked if the PEDC was not a part of the City and then stated that was not true. Mr. McIlyar said the PEDC was a separate nonprofit corporation and their contract was with Defenbaugh. Council Member Lancaster said if they were separate why were they reporting to the City and why weren't they doing their own thing totally and then said, well, they probably were. Mr. McIlyar said if the City Council wanted to direct the City Attorney, the City Manager or the PEDC to contact Defenbaugh and get written authorization to release the document, they could do so. He stated he could not take direction from just one Council Member when he has other direction from the rest of the City Council. Council Member Lancaster told him she had direction from Austin and that was if a current member of the governing body who requested information from the City in his or her capacity then they should have full access to the requested information. She said the public information act was not implicated when a request was made in a mayor or councilman's official capacity, as the release of the document is not viewed as a release to the general public. Council Member Lancaster said she was entitled to anything that is held in the City office and to deny her is to deny and to gag the citizens of her district. She said she could not represent them if she did not know what was going on. She further said she did not know what that report says and maybe it's good, maybe it's bad but it was clear that the attorney did not represent her in this matter and she was sorely disappointed in him. Mayor Frierson asked if there were any other questions and Council Member Hashmi said he had questions. Council Member Hashmi read the agenda item and said it clearly says that the duties of the city attorney will be discussed and he was going to address his duties to the Council. He said he was very dissatisfied with his performance. Mr. McIlyar objected and requested that this be addressed in executive session pursuant to the Texas Open Meetings Act as posted on this City Council Agenda, under his annual performance or evaluation. He said this was not posted for open session. Council Member Hashmi said that a city official could request the item in open session but a city official could not request a closed session. Council Hashmi also said Mr. McIlyar was a city employee and was not allowed to ask for a closed session, because that was a Council decision and not his decision. Mr. McIlyar said it was posted as an executive session. Council Member Hashmi said he was going to discuss it under item 20. He then told Mr. McIlyar that he did not comply with his duties and if he did not listen to him he would repeat the whole thing in item 20. Council Member Hashmi said when they come out of executive session, he would discuss it over again outside. Council Member Hashmi asked Mayor Frierson if he could continue or not, because he was the person running the meeting. Council Member Hashmi said he would speak and he could give him a chance to speak now or later, it was his choice. Mayor Frierson said it was not his intention to gag or shut anyone up. Council Member Hashmi said that had not been the case lately, but that was alright and he would not argue with him. Mayor Frierson said the agenda item was regarding the duties and responsibilities of the city attorney, not Kent McIlyar. He said it was not whether or not he was dissatisfied with him, or with the process. He also said they had an obligation to discuss personnel and that was most often done in executive session. Council Member Hashmi said that Regular Council Meeting July 28, 2014 Page 5 was his interpretation and that was fine. He said he would be glad to go into executive session and then come out and discuss it, because he had things to say. Mayor Frierson said if you have questions about the responsibilities of a city attorney for Paris [inaudible — City Council talking over each other]. Council Member Hashmi told Mayor Frierson he was wrong, but since he was running the meeting he would go along with what he said. Mayor Frierson told him he would appreciate it if he did not try to insult him. Council Member Hashmi told Mayor Frierson he was asking for it. Council Member Grossnickle said he thought the City Council deserved respect from the people in the audience, while Council Member Hashmi was making fun of their current mayor and in his opinion, he was being very disrespectful. 14. Receive and possibly take action on the report from Paris Economic Development Corporation on the forensic investigation. PEDC Steve Grubbs publicly thanked Mr. Defenbaugh for meeting their deadline of July 28 on submitting the report. Mr. Grubbs told the Council that two copies of the report were delivered to PEDC last Friday and one was marked PEDC and the other one was marked City Council. Mr. Grubbs stated as elected officials, they had the responsibility to adhere to state laws while also acting judiciously to protect sensitive information. He said legal counsel had advised the PEDC make sure they protect the confidential information contained within, that they be sensitive to the fact that there may be information contained within these documents that is protected under state law, not to mention information that would be of a private nature that could be used for things like crime theft or ID theft, things like that, things like social security numbers were contained within. He said as he turned over this information to the Council, he asked they seek the opinion of legal counsel with respect as to how they release it. Mr. Grubbs said PEDC would like the City Council to consider a joint meeting with the PEDC Board and Mr. Defenbaugh to go over and review this information. He said there were going to be a lot of questions and he had less than 72 hours to review a box full of information. Mr. Grubbs further said the PEDC Board and staff were very anxious to close this investigation, to move on, to get back to the business of what they were charged to do, and that was to represent the City in growing and fostering the development of industry. Council Member Hashmi told Mr. Grubbs he was a bit disturbed when he read a comment by Mr. Grubbs about wanting to correct the report and redact the report before releasing it when he did not even know what the contents were. Council Member Hashmi also said the Attorney General's Office said that the governmental body must get permission from the AG's Office if there was any redact to be done, and that only redact that was allowed and excepted were social security numbers, home addresses, phone numbers, and things of that nature, including personal and medical records. He asked Mr. Grubbs to clarify what he meant by the word correct. Mr. Grubbs said his intention was to make sure they follow the due process before it is released and that does usually meaning asking for an AG Opinion. Council Member Hashmi asked Mr. Grubbs why they would need to seek an AG Opinion. Mr. Grubbs said for information that needs to be redacted. Council Member Lancaster said she understood that Mr. Defenbaugh was going to be at this meeting to present the report. She said there were a lot of feelings that it was being withheld from the public and she wanted to make sure that he followed the motion that she made and was voted on by the Council and that was the report be provided to the PEDC, the Council, and the public. Mr. Grubbs agreed that the information needed to be in the hands of the public, but that he Regular Council Meeting July 28, 2014 Page 6 wanted to make sure it was done the correct way. Council Member Plata confirmed with Mr. Grubbs that he needed to go through the report to make sure there were not any social security numbers. Mr. Grubbs said their legal counsel told them they need to make sure all the sensitive information is protected according to State Law. Council Member Lancaster asked for the name of the attorney. Mr. Grubbs said his name was Jeff Moore. Mayor Frierson said it was his understanding from this conversation that Mr. Grubbs was suggesting that the Board and Council have time to digest the report and then schedule a joint meeting with PEDC, the City Council and Mr. Defenbaugh. Mr. Grubbs answered in the affirmative. Council Member Lancaster said she would like to see that happen quickly, not a month. Council Member Hashmi inquired of Mr. Grubbs how the attorney was selected. Mr. Grubbs said PEDC talked about it at their last meeting. Council Member Hashmi inquired if the item was on the Board's agenda and if they voted on this attorney. Mr. Grubbs said it was on their agenda, but the vote was to use an external attorney and they asked him to do the research. Council Member Hashmi confirmed with Mr. Grubbs that the Board gave him the power to hire an attorney. Council Member Hashmi inquired if that action was in the minutes. Ms. Barrentine said they had not seen the minutes yet. Council Member Grossnickle asked if the box contained all printed pages or if there was electronic storage media. Mr. Grubbs stated there was one hard copy bound version of the reports and one set of CD's. Council discussed redaction of the CD's; because of things like social security numbers and whether or not CD's could be redacted. Council Member Hashmi said he would rather have a paper copy. Council Member Lancaster said the Council would certainly adhere to confidentiality and suspected PEDC would also and questioned why anything would need to be redacted before that meeting. Mr. Grubbs said he thought they were talking about two different things, as redaction was something you do when you produce something for the public. Mr. Grubbs said Council was going to have full access to these documents today going forward. He said when referring to redaction he was talking about credit card numbers, social security numbers and anything that would be considered protected information for an individual. Council Member Pickle said Council should just get copies of the hard copies. Council Member Lancaster asked why CD's would not just be handed out. Council Member Pickle said because the CD's could not be redacted. Council Member Lancaster said she was talking about for the meeting of the Council, PEDC and Mr. Defenbaugh. Mr. Grubbs said it was going to be up to the preference of the Board Member of the Council Member as to what method they wanted to receive the information. Council Member Hashmi asked Mayor Frierson whether or not the Council was going to get a copy of the report today. Mayor Frierson he thought the Council should receive the presentation, digest it, organize it and write down questions then meet with PEDC and Defenbaugh. He said they needed to move forward. Council Member Hashmi asked what were the other choices and Mayor Frierson said he was open for other suggestions. Council Member Hashmi said the whole community had been waiting for it over and over and he thought whatever they could do to speed the process up would be a better choice. He also said if they wanted to discuss the report with Defenbaugh that was fine but he did not want to continue and drag it out to several council meetings. Mayor Frierson said he did not think anyone wanted to drag it out. Council Member Hashmi suggested that the report be printed today and go through it with Mr. Defenbaugh within a week. Mayor Frierson said that sounded reasonable, as did Mr. Grubbs. Council Member Hashmi said he thought everyone should get a copy of the report today. Mr. Grubbs said he would get with his Board and determine who was available for a special meeting. Council Member Hashmi Regular Council Meeting July 28, 2014 Page 7 inquired if it was necessary to have the entire Board or if they could just discuss the report with Mr. Defenbaugh. Mr. Grubbs said he would like to have as many board members present as possible, because PEDC ordered and paid for the PEDC investigation. Council Member Lancaster said she thought the investigation was actually started by the Council. Mr. Grubbs said it was requested by the Council. Mayor Frierson said the former Board chair chose the firm, and chose to change from forensic audit to forensic investigation. Mayor Frierson said it seemed they had a consensus to coordinate a special meeting with PEDC and Mr. Defenbaugh and that he would leave the scheduling to the Janice Ellis and Shannon Barrentine. Mayor Frierson asked that the special meeting be scheduled prior to August 11. Mr. Grubbs asked who should be the one to take the report from him and Mayor Frierson asked that he give it to the city clerk. Mr. Grubbs confirmed there was one copy of the report and one set of CD's contained in the box. Council Member Lancaster wanted to know when the report would be copied and the city clerk said her office would start on it first thing in the morning and it would be their priority. 15. Presentation, discussion and act on proposed amendments to the FY 2014 -2014 budget for the Paris Economic Development Corporation. Council Member Hashmi asked Mr. Grubbs if the budget was approved at PEDC' s last meeting and Mr. Grubb answered in the affirmative. Council Member Hashmi explained that Section 4.1 of the PEDC Bylaws dealt with conflict of interest and he believed there was a person on the Board that had a conflict. He asked Mr. Grubbs if any member recused him or herself and Mr. Grubbs said no. Mr. Grubbs asked Council Member Hashmi for the information and Council Member Hashmi told him he would get the information to him. Council Member Lancaster expressed concern about PEDC' s finances and Mr. Grubbs explained they had been concerned too, but would continue to be diligent. Council Member Hashmi referred to Section 4.13(b) of PEDC's Bylaws, and asked if PEDC reimbursed the City for the City Attorney's legal services. Finance Director Gene Anderson said the City had never been reimbursed by PEDC for the services. A Motion to approve this item was made by Council Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 16. Presentation, discussion and act on the proposed FY 2014 -2015 budget for the Paris Economic Development Corporation. Council Member Hashmi inquired of Mr. Anderson if the investment pool was secure and Mr. Anderson answered in the affirmative. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Hashmi. Motion carried, 7 ayes — 0 nays. 17. Discuss and take action on awarding a contract to the lowest responsible bidder for construction of water and sewer lines under Contract B of the 2013 Capital Improvement Program. Regular Council Meeting July 28, 2014 Page 8 City Engineer Shawn Napier explained the bid opening took place on July 1 and one bid was received for Contract B. He said the lone bid was from Speiss Construction Co., Inc. in the amount of $7,397,290. Don D'Adam with AECOM recommended rejection of the bid. Mayor Frierson asked about contributing factors. Mr. D'Adam said the factors were the market, timing and the size of the package. He recommended smaller packages for bidding based on what he was hearing from contractors. Mayor Frierson what could be done different next time to get more bids. Mr. Napier said they should consider 3.5 to 4 million dollar contracts and make sure their project wasn't competing with other projects. Council Member Hashmi said he favored combining contracts B and C and have one large project. Mr. Napier said that would narrow the field of contracts and they would pay a higher price. Council Member Hashmi said when it was smaller, they did not attract anyone. Council Member Plata favored Council Member Hashmi's suggestion. Mr. Napier said they talked about having several contracts going at one time and keeping them staggered. Council Member Plata said if the smaller projects did not work; why not go with Council Member Hashmi's suggestion. A Motion to deny the bid was made by Council Member Hashmi and seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. 18. Discuss and provide direction to staff on Valley of the Caddo Museum building requests. City Council heard from Dr. Bandel about proposed changes to the building. Council Member Hashmi said there was some opposition in the community to making changes to the physical appearance to the building, as well as the bathroom. Dr. Bandel said they were looking at converting the men's restroom into a multi - purpose room and the Chamber had agreed to move files from the storage area. Mayor Frierson inquired if there was a new plan. Dr. Bandel said there would be no structural changes. Council Member Lancaster inquired about historical design inside of the building. Dr. Bandel said he had been looking at blueprints with Mr. Godwin. A Motion to direct Mr. Godwin to continue working on this project but not to make any major changes without bringing it to Council for approval was made by Council Member Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 19. Receive presentation, discuss and provide direction to staff on the FY 2014 -2015 budget for the City of Paris. Mayor Frierson said Mr. Godwin was unable to be at the meeting. A Motion to table this item was made by Council Member Pickle and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 20. Mrs. Lancaster is requesting copies of preliminary reports from Defenbaugh & Associates. Discussion and action. Regular Council Meeting July 28, 2014 Page 9 Council Member Lancaster said she had not changed her mind, that she still wanted the preliminary copies and insisted it was her right to request it. Mayor Frierson said that was open for Council discussion, he respected her right to have it based on the fact there was now a report. Council Member Lancaster said she wanted both. Council Member Hashmi asked the city attorney why he refused to give copies to Council Member Lancaster. He asked the city attorney if he consulted with anyone in his department or if he consulted TML and what was his basis for not providing copies to Council Member Lancaster. Mr. McIlyar said on the basis that it was not a city record. He also said it was a preliminary draft report from an outside private investigator working for the PEDC and was not a city record. Mr. McIlyar said at the June 23rd City Council meeting that Council announced in public session they wanted Mr. Defenbaugh to issue his report on the investigation both to the City Council and the PEDC Board on or before July 28. Council Member Hashmi said it may not be a city document, but the city attorney was in possession of the document. Council Member Hashmi said that is why he was curious as to what would prevent the City Council from reading it. Council Member Hashmi asked Council Member Lancaster if she had been planning to release the preliminary report and she said absolutely not. Mayor Frierson asked if there was an issue with the way it was requested. Mr. McIlyar said Council Member Lancaster filed a public information request in her own name as a citizen with the city clerk and that triggers all the State Laws and processes for handling a public information act request. Council Member Lancaster referring to a letter sent to the AG's Office said it stated that the requestor was a city council person requesting documents under the public information act. She said it was signed by Stephanie Harris at his direction. Mr. McIlyar said Ms. Harris wrote the letter independently, as she handles all the public information requests. Council Member Lancaster said she wanted those reports and she thought she was illegally denied the reports. Mr. McIlyar told Council Member Lancaster that was her opinion, but that she had posted this item for Council action to decide whether or not the Council wants him to give the City Council the June preliminary draft reports from Defenbaugh and Associates. He said he thought the Council needed to direct him to ask Mr. Defenbaugh and the PEDC Board as the contracting parties to give him written authorization to disclose something that was not a final report. Council Member Lancaster said he directed her on the 25th and she changed that immediately and said that was a misconception he had, but she was changing that, and she had it in writing and he still denied her. Council Member Hashmi said he got a letter too, which was signed by Ms. Harris. He then asked Mr. McIlyar if people in his department worked independent of him and if he was responsible for that acts. Mr. McIlyar said she was an attorney with just as much experience with working the public information act. Council Member Hashmi asked him if he was saying he did not have control over the people who work in his department. Mr. McIlyar said she was in his department. Council Member Hashmi asked who the chief of the department was and Mr. McIlyar said he was. Council Member Hashmi asked whose responsibility was it that she wrote wrong letters. Mr. McIlyar said he did not believe that Ms. Harris issued a wrong letter. Mayor Frierson said they needed to get back to the agenda. Mr. Regular Council Meeting July 28, 2014 Page 10 McIlyar said the City Council could direct him to contact Defenbaugh and Associates and the PEDC Board to ask for written authorization to release their preliminary reports to the City Council, as that was the proper way to handle the matter. Mayor Frierson inquired how the Council wished to proceed on this and said if Council Member Lancaster requests the documents, she was certainly entitled to have them. He asked if the Council wanted to open it up to any City Council Member that wanted a copy or did they want to request written authorization from Mr. Defenbaugh. Council Member Plata asked if they were going to get the report and Mayor Frierson answered in the affirmative. Council Member Lancaster said she was requesting the preliminary report and requested it as a City Council person and she was due. She also said she saw no point in denying her something that she had requested legally as a Council Member. Council Member Plata said he could see Mr. Mcllyar' s point and Council Member Lancaster said she could not. Council Member Hashmi said there was a law that says if the attorney provides something to the Council Member, which is not to be a disclosed, that it becomes a violation of the law if the Council Member distributes it. Mr. McIlyar said once information was given to a City Council Member that he could not control the City Council Member from dispersing that information and doing so, would waive attorney client privilege. Council Member Hashmi said he was correct, that he could not. Council Member Hashmi also said there was a law that says she cannot publicly distribute anything that is given to her while she is in office as a Council Member. Council Member Hashmi said he thought there was a penalty, punishment and a fine to it if a Council Member released confidential information. He said he saw no reason not to give her the preliminary report and said there was plenty of other confidential information the Council got and they did not disburse it. Mr. McIlyar said it was not third party investigator information and that he was glad to share with the City Council any city document. He said he was not comfortable releasing third party confidential information that was between two other parties and not the City Council. Council Member Lancaster wanted to know if the information was different in the preliminary report than the final report. Mr. McIlyar said he did not know, because he had not seen the final report. Council Member Pickle asked Council Member Lancaster if she thought the information was different. Council Member Lancaster said she did not think it should be, but that was a point now of the fact that she requested something she should have gotten and she wanted to go through it and see. She said there may not be one word different, but she did not think that was the point. Mayor Frierson asked Council if they wanted to take action on this item. Council Member Plata asked if they could have Mr. Defenbaugh provide the preliminary report to the Council when he attends the joint meeting. Council Member Hashmi asked if in the future when a Council Member requests something if they can be given the document. He said whatever the Council Member needs they should be given it as long as they do not distribute the information. Council Member Plata asked Mr. McIlyar if he had the preliminary report and Mr. McIlyar answered in the affirmative. Mr. McIlyar said he received it from Mr. Defenbaugh in the middle of June and that he had not shared it with anyone outside his staff in the city attorney's office. Council Member Plata Regular Council Meeting July 28, 2014 Page 11 confirmed with Mr. McIlyar that he was waiting on direction from the City Council. Council Member Grossnickle said one point is that the report came to Mr. McIlyar' s possession due to an open records request by a local attorney who later rescinded that request. Council Member Lancaster said if a Council Member made a request of certain materials, that she would support that. Council Member Plat asked Mr. McIlyar' s opinion with whether or not there was anything in the preliminary report that was harmful. Mr. McIlyar said he could not say, because everyone was going to view the report differently. Council Member Plata wanted to know if there were social security numbers, credit card numbers and things of that nature. Mr. McIlyar said he remembered seeing credit card receipts. He also said an Attorney General Opinion had been requested in response to public information requests, but they had not yet received a response. Council Member Pickle said it would have solved the whole problem if they had gotten a report from Defenbaugh and Associates per the contract at the end of April, end of May and end of June. Mayor Frierson asked if anyone opposed to releasing the preliminary report to the Council Members if they chose to want a copy. He also asked if there were any qualifiers. Council Member Hashmi said he had one qualifier and that was anything given should only be given in confidence to the Council Member and that the Council Member should keep it in confidence. Council Member Lancaster said she would keep it in confidence. Mr. McIlyar said he strongly recommended the qualifier and that a written authorization from Mr. Defenbaugh and the PEDC Board be obtained, because Defenbaugh had confidentiality clauses in the contract. Mr. McIlyar said he did not want to violate those clauses by releasing preliminary draft reports. Council Member Lancaster questioned why the PEDC Board was being added to this. Council Member Pickle said they had to ask them to get the final copy. Council Member Lancaster said Mr. McIlyar had the preliminary and she wasn't asking for the final report. Council Member Pickle said they received the final report tonight. Mayor Frierson said it was the same process. Council Member Lancaster said she was asking for a preliminary report that went to Mr. McIlyar, because of the action of an individual and now that report was under the City's umbrella. Council Member Pickle inquired if Council Member Lancaster would be happy if the PEDC and Mr. Defenbaugh signed off on it and it was delivered to her this week. She said if it was guaranteed it would happen and Council Member Pickle said he could not give her a guarantee. Council Member Grossnickle said he thought they would be leaving with report in hand that they received tonight. He also said he understood there was a lot of paper and copying and would like to get the final report copied as soon as they could. Council Member Lancaster said she was entitled to both and she wanted both. A Motion to allow a copy of the preliminary report be given to Council Member Lancaster, upon PEDC and Deffenbaugh signing off on it was made by Council Member Plata. Motion failed for lack of a second. Council Member Hashmi asked Council Member Lancaster if she would like to make a motion. Council Member Lancaster made a motion that she be provided a copy of the preliminary report and if PEDC needed to okay it, that would be fine but Regular Council Meeting July 28, 2014 Page 12 that it needed to be within the week. Council Member Pickle said that was Council Member Plata's motion. Council Member Hashmi asked Council Member Lancaster to repeat her motion. Council Member Lancaster said that she be provided with the preliminary reports within the week, that if they run it by the PEDC Board, but then said she did not understand that they were going to meet in a week so she questioned how that would happen. Council Member Hashmi asked Council Member Lancaster if she got the final report and did not get the preliminary report to a little later would that be okay with her. She said she did not mind if she got it a little later. Council Member Hashmi asked if it was two weeks would that matter and Council Member Lancaster said, that's okay. Council Member Lancaster qualified her motion and said she was including PEDC and Defenbaugh and she wanted it in two weeks. Mayor Frierson said he had a motion and asked for a second. Council Member Hashmi seconded the motion. Motion carried, 7 ayes — 0 nays. Council Member Lancaster said in the future they need to clarify if they were going to agree with the Texas Municipal League or were they going to create something for themselves and if so, she wanted to know what it was. 21. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee, as follows: conduct performance review of the city attorney. Mayor Frierson convened City Council into executive session at 7:13 p.m. 22. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Frierson convened City Council into open session at 7:47 p.m. Mayor Frierson said the discussion revolved around the performance evaluation of the city attorney. He also said they had not done a performance evaluation since June of last year as an official council. Council Member Hashmi said he was not very happy with the performance of the city attorney during the last few months. He said he had multiple concerns which included not representing the Council as a whole and not providing records to Council Members. A Motion that the services of the city attorney be terminated was made by Council Member Hashmi and seconded by Council Member Lancaster. Motion failed, 3 ayes — 4 nays, with Mayor Frierson, Council Member Grossnickle, Council Member Plata, and Council Member Pickle casting the dissenting votes. Mr. McIlyar said he had not received a performance evaluation for the last year, so he thought it was a highly unusual motion to make to terminate the services of the city attorney. 23. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Nothing was referenced. Regular Council Meeting July 28, 2014 Page 13 24. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Jenkins and was seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:50 p.m. MATT FRIERSON, MAYOR i NICE ELLIS, CITY CLERK