Mayor Matt Frierson called Monday night’s City Council meeting to order at 5:30 p.m. at the City Council Chamber located at 107 E. Kaufman Street in downtown Paris.
After the invocation and the pledge of allegiance, a citizen’s forum was opened to the public. Mr. Bob Bush spoke about PEDC issues. Caroline Williams spoke about a confrontation near a local business. Michael Blatfelter spoke about PEDC issues as well saying, “We should not just move on.” Louise Moseley spoke about the PEDC’s decision to recommend to the City Council that no further action be taken on the Defenbaugh investigatory report, saying that she was, “shocked by the PEDC decision.” Brenda Cherry echoed Caroline Williams’ earlier comments about her confrontation. With no other speakers, the citizen’s forum was closed.
After a brief discussion about items #5 through #12, the council voted unanimously to approve the consent agenda.
Items #13 and #14, discussing and acting on the Director of Finance to transer funds from unencumbered appropriation balances to over-expended accounts and adopting a budget for the ensuing fiscal period beginning October 1, 2014 and ending September 30, 2015 were both unanimously approved.
Item #15, discussing and ratifying the property tax increase reflected in the budget as required by Local Government Code Section 102.007(c), was approved unanimously.
Item #16, discussing and acting on an Ordinance fixing the tax rate and the tax levy and levying ad valorem taxes for the City of Paris for the year 2014 upon all taxable property within the City of Paris in conformity with the Charter provisions and Ordinances of the City, was passed without opposition.
Council member A.J. Hashmi made a motion to approve Item#17, to discuss and act on proposed amendments to the Paris Economic Development Corporation’s budget for fiscal year 2013-2014. Council member Plata seconded the motion and the motion carried unanimously.
Robert Tally gave a Buildings and Standards Report to the Council. He spoke about the demolition of residential structures and their budgetary expenses.
The Council then addressed the next item which included the discussion of the failure to disclose and possible fraudulent activity as it pertains to the Rodgers-Wade Manufacturing and Distribution Warehouse facility appraisal as it relates to an anonymous letter presented to the City Council on March 10, 2014 and related discussions of said appraisal. The item also included the possibility, if necessary, of further discussion in executive session pursuant to Section 551.074 of the Texas Government Code to hear a complaint or charge against an officer or employee, as follows: receipt by the city attorney of the above referenced appraisal and subsequent events leading up to and including the city council meeting of March 10, 2014.
Council member Edwin Pickle played several video clips from the City Council meeting of March 10, 2014. After discussion about the March 10th meeting, Mr. Pickle addressed City Attorney Kent McIlyar, “As a result of the discussions we’ve heard, I’m going to ask you again, the same question that I asked you the other night you refused to answer, because you said you couldn’t answer it because it included a member of the current City Council.”
Mr. McIlyar responded, “I said the prior City Council.”
“No you didn’t. Look at the tape. If you want to pull the tape up it says current City Council,” Mr. Pickle said.
“I think I meant prior City Council. I did reference that there were two members of the City Council that were not on this current board. I either misunderstood you or you misunderstood me,” Mr. McIlyar responded.
“Well look at the tape. It says it on there. Needless to say then, since you’re going to change your story, is there any one that knew about the appraisal before we met or before y’all met at the City Council that night? Did any of the current or past City Council know that there was an appraisal that you had prior to the council meeting?” Mr. Pickle asked.
“As I told the Council at last Monday night’s meeting, I do have an Attorney/Client privelige to council members, either current or former, and we did have two former City Council members that were not on this current City Council. One of those members, Mrs. Cleonne Drake, I asked did you catch me walking into the meeting March 10th and ask me very quickly if I knew anything new about that particular agenda item? And I told her that Shannon Berrentine that very day had found a copy of the 2010 appraisal report from Thompson appraisal service that was written for, I guess, Community Trust Bank. It was eighty pages long, and I did not have it with me. And I did not have a chance to review it obviously if she just found it that day. That’s what she remembered. That’s what I remembered. I don’t remember there being any other council members present. It was about fifteen to twenty seconds, that was it,” Attorney McIlyar answered.
Council member Pickle then asked, “Do you still have those appraisals then?”
“Sure, I’ve got a copy of the appraisals, sure. I don’t recall how many copies there were,” McIlyar answered.
Mrs. Shannon Berrentine addressed the Council, “I made nine copies of the appraisal, and I delivered them to his office, and I specifically said that Kent wanted those distributed at the council meeting that night, and to please let him know they were in his office. Kent left my office with a copy of the appraisal, because we didn’t have time to make the other nine but asked me for nine to distribute at the council meeting later that night.”
Mr. McIlyar then said, “That’s fine if you remember it that way Shannnon, I don’t remember it that way at all. Needless to say, I did not have any nine copies of appraisal reports in the City Council meeting. But I apologize. If you want me to apologize again, I will apologize again. If I had known this agenda item was going to go where it did, I had no idea it was going to move as quickly as it did to a forensic investigation.”
Mr. Pickle then said, “I understand. I called another city attorney, and he indicated that what you did you had no right to do. However, it is what it is. So, I’m through with Item #21.”
Council Member Plata added, “I just want to say, I don’t want to say anything about the investigation or anything like that. You know guys, all this finger pointing and all the stuff that’s happening right now, it’s not making us work as a council. We need to put some kind of closure on this but I know you have your mind made up so let’s convene.”
The Council convened into executive session at 7:05 p.m. The Council reconvened into open session at 7:47 p.m.
Council member Pickle began, “I would like to request that we table Item #22 (Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: performance of city attorney.) until such time that the City Attorney completes his ninety days of performance evaluation, and that we table this decision until that time.” The motion passed unopposed.
The last discussion of the night involved the Defenbaugh report regarding the investigation of the PEDC.
Council Member Plata read a statement about the report, “I do believe the PEDC was wasteful at times. I do not believe anything criminal was committed. I wish there was a way to get the money back, but I do not believe that could happen. To put everybody’s mind at ease and to get questions answered, in my opinion, the Defenbaugh report needs to be sent to the Attorney General.”
Mr. Plata made a motion to send the “total report” to the Attorney General with former Mayor Will Baird’s disclosure form, the July 28th report, the appraisal, an email from Rickey Hayes concerning the report, and DVD’s of the earlier discussions from the September 22nd meeting as well as from the March 10th meeting.
Mayor Frierson commented, “I understand the motivation to go to the Attorney General, and I see the point of view behind it. I hate the concept of extending any sort of negativity or perception longer. This really isn’t about cover up or anything like that. We’re sending it to infinity.”
Mr. Plata then said, “I think if this happens, it’s showing that we want to put closure on it. I think this is a step that needs to be taken.”
Council member A.J. Hashmi seconded the motion. Council members Lancaster and Jenkins voted for the motion. Council members Grossnickle and Mayor Frierson voted against the motion. Council member Pickle abstained. The motion passed four votes to two.
The Council adjourned at 8:00 p.m
