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1993-11-29 CITY COUNCIL SPECIAL MEETING MINUTESI (Jy 1 �Y 8 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 29, 1993, AT 7:00 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor C. V. Coppinger Mayor Pro Tem/Councilmember Joy Colson Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary D. A. Miller Benny Frank Randy Weber David Smith Paul Grohman Dick Gregg, Jr. Pat Jones Others in attendance: Division Director Richard Burdine, City Engineer John Hargrove, and Police Chief Mike Hogg. Mayor Coppinger opened the meeting, stating he would like to read a prepared statement. Councilmember Frank inquired of City Attorney Gregg whether statements should be read as they were not on the agenda. Mr. Gregg advised a statement was permissible if there was no action on it. Discussion ensued whether citizens would be allowed to speak and City Attorney Gregg noted the usual procedure was to have an agenda item for that and there was none on this agenda. While it is permissible for Council to make opening remarks, Mr. Gregg advised, there should be an agenda item if citizens are going to be addressing Council on a formal basis. Mayor Coppinger stated there were citizens signed to speak to the various agenda items. Mr. Gregg then advised to wait until the particular item came up on the agenda to let them speak. Mayor Coppinger made the following statement: "Good evening and thank you for being here. I've been encouraged all through the several months of controversy that we have endured in this Council by the public's interest and concern which has been evidenced by your attendance at our meetings. I feel that your presence, affording you the opportunity to hear first hand the issues and the debates, as well as enabling you to make judgments about the attitudes of the people involved, will be most beneficial to you in rendering your judgments about the participants in the controversy, as well as about the issues. At this time, I will ask our City Secretary to advise me who called this meeting and specified the items to be placed on the agenda?" City Secretary Pat Jones responded that Councilmembers Frank and Miller requested this meeting. Mayor Coppinger stated, "Councilmembers Frank and Miller requested the meeting. Thank you. Now, I will note for the record that in my four years on Council no one has ever been so discourteous as to call a special meeting without first, as a courtesy, determining the convenience of the date with the entire Council. I do indeed regret that this courtesy was not observed in this case because it almost certainly states that this community is not going to benefit from any cooperation or harmonious working together of this body until election. One week ago a District Judge issued a temporary injunction denying 900 Pearland residents the opportunity to hold the recall election W on three Councilmembers as you had petitioned. My personal reaction to that injunction was perhaps it would work in the best interests of the community, that those Councilmen named in the petitions would admit to their culpability and determine to use the balance of their terms objectively and constructively addressing the best interests of Pearland, as the injunction in no way absolved them of any blame, or in any way condoned or approved their behavior, but the injunction was simply approved on a point of law that was involved. Now, I have to conclude that their intention is not to look for reconciliation or harmony but rather to use their reprieve against anyone and everyone who has taken issue with them for their past conduct. At the top of their list, of course, is Mr. Paul Grohman, the target of the first agenda item tonight. The question in my mind is if they get Grohman, what happens to our fine City Staff that has been overwhelmingly supportive of him and will the Police Chief be next? The other items specified on the agenda are reprisals against the fine volunteers in this City who serve in the EMS, the Volunteer Fire Department, and the Clean Pearland organization. Check the recall petitions and you will find dozens of signers from these organizations on the petitions and that is a very significant indictment against these Councilmen because these volunteers are all people close enough to City Hall to understand what is happening - in effect, to judge who is right and who is wrong in this controversy. For the record, I would point out that at each of our annual audit reports, which we have every year, I have asked whether we should audit these volunteer organizations which receive support from the City and never have I ever been told by our official auditors that we should require anything except an annual financial statement from them that would go into our records. If we were to take the drastic step of paying to audit these volunteer organizations' records, even if it is legal, the action should not be taken at this time but at the time of our annual audit. Making the issue at this time is indeed the height of audacity, aggression, and disrespect. There is no way for me to interpret the actions of these Councilmembers in bringing this up at this time except as an act of revenge, in effect, a declaration of reprisal against all of you who have expressed your legal rights to protest the conduct of these Councilmembers by signing those petitions. How regrettable, how unfortunate, how unfair to the citizens and taxpayers of our town. So let's be about it. As I stated when this talk of firing the City Manager first came up, I told Council that I was going to go to you, to the public, with what I knew about the problems and disagreements. I have been very hopeful at this time that I could report to you that your City is benefitting from an improved atmosphere on Council as a result of that injunction and I am still going to be optimistic even though tonight does not look like that. However, I pledge to you, the public, that I will continue to do my level best to keep you advised on what takes place at your City Council, even if it gets me sued. Now, before we attack the agenda items, do you members of the Council want to make a statement?" Mayor Coppinger concluded. Councilmember Miller responded that, unfortunately, he, unlike the Mayor, did not have a prepared statement as he did not come tonight to condemn anyone but rather to conduct City business and he did not intend to respond to the Mayor's statements or the rude people in the audience. Councilmember Frank stated he felt the same way Councilmember Miller did and that, through this whole ordeal, the only thing he had tried to do was his job as a City Councilmember. I have never failed not to do that, Mr. Frank said, and that's what I'm trying to do tonight. Ion IOIJ Councilmembers Colson and Weber had no comment. Councilmember Smith stated he had a very lengthy comment and offered the following remarks: "I would like to know your wishes as to whether I deliver it from here as a Councilman or from the podium as the Director of Pearland EMS." Mayor Coppinger advised Mr. Smith to speak as a Councilmember. "Then, I would address you as Mayor and fellow Councilpersons and also you citizens of Pearland. I left the meeting of November 22, which was last Monday, I believe, feeling like that things were going to be better. That the working relationship between the Council and the Staff were going to improve. But that better feeling was short lived. This meeting was called by Mr. Frank and Mr. Miller and, as the Mayor pointed out earlier, with no regard for anyone else's plans. I'm probably going to sleep in the garage for the next six months because I told my wife that I was going to attend an affair with her tonight but I decided that my place was here, so, I don't feel very well about that. We could have waited three days and called this meeting and it could have been used as a December meeting, thereby saving the cost of a special meeting, but that was not the way it was handled. And I address this to you, Mr. Frank and Mr. Miller, that you have now involved one of my children, if you please, in this power play. I make reference to your letter of November 19, 1992, and don't insult my intelligence by passing this off as an attack of anything else but retaliation, and, Mr. Miller, I make mention of your letter in the paper of September 19 of this year. People, you need to understand where I am coming from. I've got seventeen years of my life in the EMS. I've got thirty-four years of volunteer work in the City of Pearland in the Fire Department, the Police Department and the EMS. I now log in at least sixty hours every week at no pay whatsoever and glad to do it. I tell you this to let you know that this type of retaliation is not going to continue. The volunteers of this City are going to rebel and right will prevail. I point this out at this time for I have no ill feelings towards Councilpersons Weber and Colson or the Mayor for I believe that we are friends and that they are trying to do the right thing. But Councilmembers Frank and Miller, you have shown that we are not friends and therefore, I have no further trust or respect for either one of you. The audit of the volunteer groups has already been done. They are contained in this instrument, right here. This is the one for 1992. As I understand it, the one for 1993 will be finished in probably January of next year. If you will study pages 58, 61, 63, 140, and then read the certification on page 20, you will find that we do not need to spend any further money to audit these groups. The money is budgeted, the money is accounted for and it's here, it's already done. Now, if we are talking about auditing the corporate structures of these organizations, and I hold in my hand the State of Texas charter for the EMS, if this is what you have in mind to audit, I promise you that that will never happen. It's none of your business. Now let's talk about your two gentlemen's concerns for taxpayer's money. Because of your votes and your interference with the City Staff, the City has lost or spent millions of dollars in the last few months. Taxpayers, please listen up. Staff time spent on a cellular phone investigation - estimated cost, $2,000. A grant for additional police work to be done on their off-duty time, $25,000. A new attorney that this year will cost, if, and I have to assume, sir, that this is going to be an on-going thing, but based on your first month's billing, we're going to be spending an additional $105,000 this year for an attorney. The loss of the funds by the lack of action and the reasoning that the Staff could not work on the things that they should be working on, we lost $6.5 million on the Hughes Road project. The cost of an election that you gentlemen voted for and then canceled, or had canceled, cost $2,500. The cost as best I can estimate at this point with help of those that are in the better position to know than I, the investigation of Mr. Grohman is going to cost $15,000. And while we're on that point, the District Attorney's office in Brazoria County tells me that we're paying $125.00 for an investigator that's not even a licensed investigator. Now, for your information, I've hired Clyde Wilson which I believe to be the best that there is for $500 a day. I've been told on many occasions, particularly Mr. Miller by you, that there is nothing higher than an elected official, and to me, this is a boldface lie. The City Charter, on page 28, says that the qualified voters have the power of direct legislation. That seems to be like that they are a little bit higher. I know that both of you fellows believe in the Charter and follow the Charter because I read in this calling of this meeting, you quoted the Charter, so I know that is your feelings. But there's something even higher than that to me. When we make the statement that there's no one higher than an elected official, I would like to read to you from the Bible, Acts 12 beginning with verse 20. This has to do with the high and mighty, grand old King Herod. And the scripture says that Herod was highly displeased with them of Tyre and Sidon but they came with one accord to him and having made Blastus, the king's chamberlain, their friend, desired peace because their country was nourished by the king's country. And upon a set day, Herod, arrayed in royal apparel, set upon his throne and made a oration to them and the people gave a shout, saying this is the voice of a god and not of a man and immediately, the angel of the Lord smote him because he gave not God the glory and he was eaten of worms and gave up the ghost. I tell you there is something higher than an elected official. Somebody, today, told me I was country and I believe that and I'm proud of it but my old country daddy told me something I've never forgot. He said one must learn never to approach a jackass from the rear, a brahman bull from the front, nor a politician from any direction. It's been stated in the December issue of the Texas Monthly that the government in the city of El Paso, Texas, has now reached the point that they no longer want to do something for the taxpayers but rather do something to the taxpayers. You, as leaders of this City, you as citizens of this City, need to come to realize that these volunteers that I speak for and I'm speaking for the Pearland EMS and Chief Steed has asked me to speak for the Fire Department, so these things apply to both organizations. You need to know how these people risk their lives, just for you. The firemen in burning buildings and we had a building collapse on a fireman and he was severely burned. We have medics that are exposed to AIDS. Anybody want their job? We live with the stress of death each day. Today, one of the medics had a one year old child die in their arms. You want their job? They work for nothing. These are volunteers that gather together as a team, both the Fire Department and the EMS and they work hard, not for pay, but just because they love you and love this City. Now, let me leave you gentlemen with just one thought. On last Wednesday, November 24, I spent the morning in the Brazoria County District Attorney's office and this comment was made and I think it would be well to pay attention. That a sure way to commit political suicide is to attack the volunteers of your City. Thank you, Mr. Mayor." PURPOSE OF THE MEETING MOTION TO REMOVE FROM TABLE ORDINANCE NO. 509-40 Councilmember Frank explained this item was on last meeting's agenda and Council did not have some of the necessary information. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Ordinance No. 509-40 be removed from the table. Mayor Coppinger asked for an explanation of this item. 182 Councilmember Weber stated this was a special use permit which had f been tabled because there was a case pending in our Municipal Court about this property where this individual was charged with failure to comply with zoning requirements. My personal feeling, Mr. Weber continued, was that before Council voted on it, the Court case should be disposed of. City Attorney Gregg stated that prior to receiving a demand letter from the individual's attorney letter, he had met with the prosecutor and members of City Staff and determined that the criminal charge was based on prior additions of the ordinance that have subsequently been amended, was based on some incorrect assumptions and was incapable in being handled in the manner it had been filed. Therefore, those charges have all been dismissed on the recommendation of the City Prosecutor and on the approval of the City Judge, so there's no longer any charge pending on any zoning violation, mainly because it all arose before Council took action to change the whole concept of the ordinance. It needed to be dismissed and it was, Mr. Gregg concluded. Mayor Coppinger asked for Mr. Gregg's advice and Mr. Gregg recommended it should be taken off the table for debate. It cannot be read for first reading because the Charter requires an ordinance to be read at a regular meeting. The party asking for the change and anyone opposed to it deserve a debate on the issue and that is why recommendation is made to remove from the table. Councilmember Frank stated the item was put on the agenda because Council was not aware of these facts at the last Council meeting and that was why Councilmember Colson did not receive a second to her motion to remove this item from the table. Subsequently, I received a call and asked that it be put back on the agenda, Mr. Frank related. Motion to remove from the table passed 5 to 0. INSTRUCTION TO PLACE ORDINANCE NO. 509-40 ON THE 12-13-93 REGULAR COUNCIL MEETING AGENDA FOR FIRST READING It was moved by Councilmember Colson, seconded by Councilmember Frank, that ordinance No. 509-40 be placed on the December 13, 1993, regular Council meeting agenda. Motion passed 5 to 0. I f DIRECTIVE TO INVESTIGATOR, MIKE OUALLINE, TO COMPLETE HIS INVESTIGATION ON THE FIRST TWO ALLEGATIONS ASSIGNED TO HIM, PRIOR TO THE COMPLETION OF THE BALANCE OF HIS INVESTIGATION i Mayor Coppinger announced there were citizens who had signed to speak to this item. City Attorney Gregg recommended having a motion on the floor first. It was moved by Councilmember Frank, seconded by Councilmember Miller, to direct the investigator, Mike Oualline, to complete his investigation on the first two allegations assigned to him, prior to the completion of the balance and bring it back to Council at this time. Councilmember Frank stated this was on the last agenda and he had agreed to pull it from the agenda because he did not understand Mr. Gregg when he spoke to it. He had said, Mr. Frank recalled, that there was only five hours difference but what he meant was that there was five hours left in the first part of the first two with the rest of them being finished near December 21. Councilmember Weber stated that Mr. Frank had called him to let him know he had placed this on the agenda. Mr. Weber stated he did not speak with the other Councilmembers, but felt like this was poor timing in light of the recent developments. Councilmember Weber related that someone had suggested that if there weren't enough in attendance, there would be no meeting tonight, but, Mr. Weber said, I felt that was not the course to take, but I still feel it is bad timing. Mr. Weber urged everyone to slow down as everyone was MAW suffering from this year's actions. Councilmember Frank called the question. Mayor Coppinger stated there were citizens who signed up to speak and it was his intention to hear them. Councilmember Weber inquired about the length of time each citizen would be allowed to speak as some of them had signed to address more than one item. Mayor Coppinger stated each one's time at the podium would be limited to five minutes. Councilmember Miller stated he would also like the question called. r` A lot has been said, Mr. Miller commented, on costing the City money and the sooner this is finished, the less money will be spent. City Attorney Gregg advised it would require a two-thirds vote to terminate debate. Mayor Coppinger announced he would not cut off debate on this. City Attorney Gregg advised Mayor Coppinger he did not have a choice and that he would have to entertain the motion, but it would take four votes to do it. Mayor Coppinger said his point was going to be that he would not cut off debate on this without the required four votes. Councilmember Frank asked the City Attorney if he was saying it took four votes to call the question and Mr. Gregg answered it took four votes to terminate debate prematurely. Calling the question while debate is still going on without the consent of everybody else is a motion to terminate debate much like closure in the Legislature and it requires a two-thirds vote under Robert's Rules. You need two-thirds of your body or four votes, Mr. Gregg advised. Speaking to Mr. Gregg, Councilmember Smith stated page ten of the Charter required the unanimous consent of the Council. Mr. Gregg looked at the section of the Charter proffered by Councilmember Smith and stated that it pertained to putting an item on the agenda. Mr. Smith responded that he interpreted it differently. Mayor Coppinger stated he would proceed with allowing the citizens to speak. City Attorney Gregg advised the Mayor, for the record, to take the vote because it was on the floor. There is a motion and a second and Mr. Gregg advised to have the vote and see what the outcome is. Councilmember Frank stated there was a motion made first for the agenda item and Mr. Gregg ruled that, while that motion was still on the floor, the immediate motion before the house was whether to terminate debate by calling the question. The Charter does not require a unanimous vote, Mr. Gregg said, and it goes back to Robert's Rules which is a two-thirds vote. Mayor Coppinger called for a vote on cutting off debate. Motion failed 3 to 2 as a two-thirds vote was not obtained. Councilmembers Weber and Smith voted no. Councilmember Miller asked what items the citizens would be addressing and City Attorney Gregg advised they would only be speaking to this particular agenda item. Citizen Input: 1. Willard Manuel, 2407 Jacquelyn. Mr. Manual expressed concern over taxpayer money spent on an investigation of the City Manager and stated he favored using the Texas Rangers as the Mayor had suggested a few weeks ago. Continuing his comments, Mr. Manual discussed costs of other actions and urged unity, among all. 1.84 2. Phillip G. Wells, 3203 Randall. Mr. Wells indicated the previous speaker had spoken for him. 3. Donna Lunn, 2609 Mary Avenue. Mrs. Lunn stated she had addressed all her items in one and asked that she be allowed to speak at the end, covering her topics all at once. City Attorney Gregg asked her to speak to this item. Mrs. Lunn stated she was angry for the vendettas against the volunteers and asked where the accountability was from the Council. Mayor Coppinger announced there were two people, Mrs. Frances Jamison and Ms. Daphne Hereford, who had signed to speak but had not addressed a specific issue and asked the Council's pleasure. Councilmember Frank stated he felt they should have addressed a specific issue and that Council needed to follow its agenda. Councilmember Weber urged letting them speak. City Attorney Gregg advised if they spoke it should be to the item at hand. Council gave its concurrence. 4. Mrs. Frances Jamison, F.M. 518. Mrs. Jamison stated she wished to yield her time to Ms. Hereford. 5. Daphne Hereford, 2904 Yost Blvd. Ms. Hereford read an article from the Rockport Pilot concerning an investigation of City Manager Grohman. After reading the article, Ms. Hereford reminded she had brought this issue up before. City Manager Grohman asked to be recognized and stated he welcomed an investigation because it would not reveal anything and discussed his tenure in New Braunfels. Mayor Coppinger called upon Mr. Ray Young to speak who indicated from the audience he wished to address item four. Mayor Coppinger called upon Mr. Keith Anderson to speak, noting that he had not specified any specific item. Mayor Coppinger stated he would be allowed to speak to a single item and item two was currently under consideration. Mr. Anderson replied that his statement was generalized to all the topics and it would be difficult to separate. City Attorney Gregg advised that the rule was to speak to what was before the Council at this time, noting that the rule had been stretched and tested tonight. Councilmember Weber asked if they would be allowed five minutes per item and Mr. Gregg responded that was Council's choice. Councilmember Weber advised Mr. Anderson he could come back and Mr. Anderson agreed to this. Mayor Coppinger thanked City Attorney Gregg for his services this evening. Mayor Coppinger announced that all citizens who had asked to speak to this item had been heard and asked if there was any further discussion. There being none, Mayor Coppinger repeated the motion, stating it was a directive to the investigator to complete his investigation of the first two allegations against Mr. Grohman. Motion passed 3 to 2, with Councilmembers Weber and Smith voting no. INSTRUCTION TO CITY MANAGER TO HAVE AN AUDIT DONE OF PEARLAND FIRE DEPARTMENT Councilmember Frank stated he never had any intention to have a special audit. The only thing I have asked for, we've never done before, Mr. Frank said, and we've had Earl Lairson asking us to do an audit on the Fire Department, EMS, and Clean Pearland. We have it in our book according to Mr. Smith but I have not seen it, Mr. N Frank informed, and if it's in here I will look it up. Councilmember Frank reiterated that he had no intention of calling for anything special in the way of this audit but wanted to make sure the audits were done when the regular audit was done. Councilmember Smith said they had been done and Mayor Coppinger questioned Mr. Frank if he wanted them done when we do our regular audit and asked him why it was brought up at this time. Councilmember Frank responded because it was never done as far as he knew and he was asked by citizens to have it done and place it on the agenda. Mayor Coppinger asked if it was by coincidence that he also placed the Clean Pearland and the Fire Department on the agenda also. Councilmember Frank replied that he was asked about all the boards, and that although the audience has made negative overtures, we are looking at taxpayers' money, Mr. Frank said. Upon interruption from audience, Councilmember Frank stated to members of the audience that he wasn't rude to them when they spoke and asked them for the same consideration. Mayor Coppinger questioned Councilmember Frank if the auditor had somewhere in the record decided this should be done and asked him to read it for him. Mayor Coppinger stated he thought he had asked about this issue before and told it was not a requirement. Councilmember Frank read from documents furnished to Council at this meeting by City Manager Grohman at Mr. Frank's request this afternoon. Mr. Frank stated he was reading from Item No. 4, page 3, "Generally accepted accounting principles require all entities meeting entity definition criteria to be included as part of the reporting entity of the City. The Pearland Fire Department, Emergency Medical Services and Clean Pearland appear to meet the entity definition. In order to comply with generally accepted accounting principles these entities should be included in the Comprehensive Annual Financial Report of the City. Failure to audit these entities and include them in the Comprehensive Annual Financial Report could result in the City loosing its Certificate of Achievement for Excellence in Financial Reporting." Councilmember Frank stated he had seen this statement over the years more than once and he asked that it be put on the agenda for this reason. I have never had any intention, Mr. Frank said, of doing a special audit. This needs to come up when we do our regular audit. No one asked me but that was my intent, Councilmember Frank informed. Mayor Coppinger asked if the City had continued to receive awards for its accounting procedures on an annual basis. Mr. Frank responded affirmatively and stated that he had spoken with City Attorney Gregg before putting this item on the agenda, as he does with other agenda items, and further stated that he abides by the Charter probably more so than anyone at the Council table. Councilmember Frank stated he has been a very big supporter of the City, having been involved for a number of years, attempting to do what he felt was best for Pearland. Voters can have their say at the polls in May, Mr. Frank stated, but I still feel this way. City Manager Grohman informed that Councilmember Frank had asked for this information today and that the one read from was from the 1989 audit letter which is now five years old. Mr. Frank also made an information request last year, Mr. Grohman related, and I responded November 19, 1992, to a similar question. There is some lack of clarity here that was going on in 1989, being that some governmental standards were changing and people receiving funds were held to different standards of accountability. That, to my knowledge, Mr. Grohman reported, has never been resolved. At that point in time, in 1989 and 1990, Council chose not to do anything differently, Mr. Grohman said, than the normal audit procedures that audit Fire and EMS and City funds which we have done in the past. Lairson's firm is still being used and this has not appeared in the management letter since 1989. My surprise, Mr. Grohman Iwo informed, was that it appeared as a special agenda item. I wrote a three page memo to Mr. Frank last year that I thought answered that question, Mr. Grohman stated. City Manager Grohman read from the letter answering the question, "do we audit the Fire and EMS?" No, not totally. We do have some audit control over a portion of those funds which come into the City coffers. In other words, if it is City money, we already audit it. This letter was written in response to many questions that Mr. Frank asked, Mr. Grohman informed, so my answers were narrow and specific. It is my understanding, Mr. Grohman continued, that this has been discussed previously and met with opposition from the Fire and EMS groups. In addition, audits over some time past have mentioned this as well. This question has also risen - if you audit Fire and EMS, should you not also audit Clean Pearland and the Library as both receive City funds? Mr. Grohman stated he thought the problem was resolved last November. There isn't any real clear responsibility and when you leave the City coffers, which we already audit, when you leave that arena then you have no authority to do that. Contracts don't call for that and it's almost like asking to audit General Motors when you buy Chevrolet cars for the Police Department. You can say you're going to do it, Mr. Grohman advised, but I don't know if you have the authority or the ability to do it. Councilmember Frank asked for a clarification of Mr. Grohman's remarks. City Manager Grohman stated he wasn't sure that we have the authority or the ability to audit funds that are not City generated. Councilmember Frank said he had no idea, stating that he had never asked for that but had asked to have an audit in our audit book that we get from Earl Lairson. You have that, Mr. Grohman responded. Councilmember Frank questioned if that was audited by Earl Lairson, as he was told it was not, and he didn't see it. Councilmember Smith pointed out the page numbers, Mr. Frank said, and if I'm wrong, I'll go back and I'll tell you at the next meeting. City Manager Grohman responded that he didn't know who Mr. Frank had asked and stated they had talked about this last year and his answer was that we audit part of the funds. Mayor Coppinger stated that the letter quoted from was from 1989 when he was not Mayor and he thought he had specifically asked on the occasion of every annual audit if the report was complete or should it look into these volunteer organizations. You can go back and research the tapes which I haven't done, Mayor Coppinger continued, but no body has told me that we should conduct any audits beyond what we are doing. The report we received from our auditors at our last meeting was very favorable, Mayor Coppinger stated. So your statement, Mr. Frank, is that you really didn't intend for this to be audited at this time, but rather that you wanted it to be done at the time of our annual audit, Mr. Coppinger asked? Councilmember Frank stated that was correct and that he didn't know how to put it on the agenda unless it was just done. Mr. Grohman stated they didn't confer prior to the meeting but his answer of last November was still constant. We do audit them and have been auditing them for the last "x" number of years, Mr. Grohman informed, and 1989 was five years ago. Councilmember Weber asked why they didn't confer prior to the meeting and urged some communication to stop all this. Mayor Coppinger made the following statement: "Well, I misinterpreted your actions, Mr. Frank, and if I put the wrong construction on them, I really thought you were lashing out, that you were seeking revenge, and if I have misinterpreted that, I owe X87 you an apology and I'll apologize right now because I did think that you were doing it for improper motives." Councilmember Frank stated that if the voting record were looked at for the eight years he has been on Council, he didn't believe that it would show that he had ever voted against anything for the EMS, the Fire Department, and, as liaison to Clean Pearland. I am a supporter of all three groups and I think my voting record will attest to this. I have nothing against any of these departments, Mr. Frank stated. It's just good practice to audit them and, if we are doing it, according to what Mr. Grohman says, then I have no problem. I was not told that and the only thing I saw was this letter today. City Manager Grohman stated the reason they didn't confer was the agenda was already set before there was ever a question or call. I got the agenda coming up from Pat Jones. Mr. Frank and Mr. Miller had requested some items. No one ever asked me anything about it since Mr. Frank asked me in November of 1992, in which I gave him some very clear and concise answers at that time. We have not discussed it since that time and it was a surprise to me. Councilmember Weber stated that we all want to do our jobs and asked for communication and cohesiveness. I know you guys think Paul is hiding something, Mr. Weber said. Councilmember Frank stated he didn't think Paul was hiding anything. Mayor Coppinger stated he heard Mr. Miller's statement the other night when he suggested we had an opportunity to, perhaps, use the injunction in a constructive way and move on. Mr. Miller appeared to agree with him, Mayor Coppinger related, but then an agenda like this comes up without discussion with any of us. I can't help but feel this is improper, Mr. Coppinger expressed. Councilmember Miller stated the agenda was set up according to the rules and laws of the City and is perfectly legal. I am not here tonight, Mr. Miller said, as I have been accused of being, to criticize the Fire Department. That has never been my intent. As a matter of fact, I don't think I have ever voted against anything the Fire Department has ever asked for. Our public safety organizations are second to none, Mr. Miller continued, and I think those people will know where I stand if they reflect back on it. I am not against the EMS. I have received their services at my home at least three different times and I have nothing but praise for these people. Councilmember Miller stated he probably had been more critical of Clean Pearland than the other two but my concerns have always been where City funds were being spent. There's no doubt that hundreds of thousands of dollars are spent by these organizations and I think there needs to be some good accounting of that money. It's just good business practice and it's not being critical of anyone. I was surprised at the start of the meeting, Mr. Miller said, for being criticized for putting these things on the agenda. There's no dates on these audits. We would just like for the City Manager to have audits of these three agencies. They do receive considerable funds from the City and I think it's only proper that we find out what this money is being spent on. If that's being done, then I rest my case, and this is an exercise in futility. If it's not being done, it needs to be done, Councilmember Miller concluded. City Manager Grohman stated the management letters from the auditors weren't requested until today. This was placed on the agenda last Tuesday. You probably could have saved us all some time and effort if you had requested the information last Tuesday and thought about placing the agenda item today if you were not happy with the results and the answers, Mr. Grohman said. I talked with Mr. Frank at least twice last week and this was not one of the issues discussed. It just magically appears that we're going to have an agenda item, so we're here to answer questions, Mr. Grohman stated, but we're not mind readers. Because the agenda was set last Tuesday, it caused a lot of consternation and a lot of offense on a lot of peoples' part as they thought their integrity was being questioned, which I can certainly understand, Mr. Grohman said. Having been there yourself, Councilmember Weber interjected. Having been there myself, Mr. Grohman agreed. Mr. Miller, Mayor Coppinger stated, apparently I owe you an apology because I interpreted your action on setting this agenda five days after the injunction knowing who had signed these petitions and the fact that you called a special meeting and put these items on there, I have interpreted it incorrectly. I thought that you were after these people, that it was a matter of vengeance and revenge on your part and Mr. Frank's part. If I am not right in that assumption, then I definitely owe you an apology, Mayor Coppinger concluded. City Attorney Gregg commented on the miscommunication, stating word had gotten around that placing these audits on the agenda was his idea which was not true. Councilmember Frank stated he called the City Attorney for the correct terminology to place it on the agenda. Contrary to a lot of peoples' thinking, Mr. Frank continued, I met Mr. Gregg once before we hired him as interim city attorney. Mayor Coppinger asked for Mr. Gregg's advice, stating there was a motion on the floor with a second and discussion had been held. Councilmember Colson reminded Mayor Coppinger there was no motion and Councilmember Weber stated our motion was disposed of in terms of calling the question and then going ahead and voting so we're on item three. Mr. Gregg agreed, stating there was no motion. It was moved by Councilmember Weber that, at this point, as a consent action, we lump the remaining items together. Mayor Coppinger repeated Mr. Weber's motion, noting that item three calls for an audit of the Fire Department, item four calls for an audit of the EMS, and item five calls for an audit of Clean Pearland. Councilmember Smith seconded the motion. In discussion, Councilmember Frank asked City Manager Grohman if he was correct in assuming that the City is already doing what he has asked for. Mr. Grohman stated it was, if he understood the question. We are in the process of doing that now. Historically, the audit has been presented in January, auditing those funds which are City -generated funds. We do not audit anything that is generated from membership drives, fund raisers, or any private funds they receive outside of this organization. Our auditing responsibility lies with taxpayers money. Councilmember Frank stated he had no reason for voting on all three of these items if they are already City policy so, as far as I am concerned, Mr. Frank said, they can be dropped from the agenda. City Attorney Gregg asked if he was suggesting to table all three. The motion already on the floor to lump the items together was discussed and Councilmember Weber suggested they be lumped together, voting aye, thus ending the meeting. City Attorney Gregg ruled this could be done, stating they would be changing the agenda which is like moving something out of line. You are agreeing to reshuffle the agenda, Mr. Gregg advised. There was an unidentified comment from the audience regarding Robert's Rules of Order directed to Mr. Gregg who attempted to respond. Councilmember Weber interjected that they did not intend to keep the citizens from speaking but there seemed to be confusion about who would speak and at what length to which items. Mr. Weber urged lumping them all together. Mayor Coppinger stated there was a motion and a second that items three, four, and five be lumped together. Councilmember Smith questioned why the audit of the Library was not mentioned. Councilmember Frank stated he had forgot to bring it up. Mayor Coppinger asked if there was any further discussion on the y' motion. Calling for the vote, motion passed 5 to 0. It was moved by Councilmember Frank that items three, four, and five be tabled since the action is already being done by the City and there is no reason to discuss the items at this time. The motion was seconded by Councilmember Miller. Councilmember Smith stated he thought the whole problem was that someone has the misconception that these organizations receive City cash money which is not the truth. All the checks are written by the Finance Department, Mr. Smith informed. The budget and audit work together, Councilmember Smith stated. Councilmember Frank stated he did write the page numbers mentioned earlier by Councilmember Smith and he would study them, thanking him for the clarification. Mayor Coppinger asked the City Attorney about the citizens who had signed up to speak to these items and Mr. Gregg responded that there was a motion to table on the floor. Councilmember Weber stated there was no second. It was confirmed that there was a second to this motion. Mr. Gregg advised it was not a debatable motion. Mayor Coppinger called for a vote, confirming with the City Attorney that the vote would take a two-thirds majority. Motion passed 5 to 0. There was discussion whether the meeting was over or citizens would still be allowed to speak and Mr. Gregg advised the meeting was done unless Council wished to reopen it. ADJOURNMENT The meeting adjourned at 8:18 P. M. Minutes approved as submitted and/or corrected this 13 day of A. D . , 1993. C. V. Cop r, Ma r ATTEST: Pat Jones, ty Secretary 4"