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HomeMy WebLinkAbout1991.05.21_City Council MinutesOWASSO CITY COUNCIL MAY 21, 1991 On Tuesday, May 21, 1991 the Owasso City Council met in a regular session in the Council Chambers at the Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, May 17, 1991. ITEM 1: CALL TO ORDER. The meeting was called to order at 7:05 p.m. with Mayor Phillips presiding. ITEM 2: FLAG SALUTE. The flag salute was led by Mayor Phillips. ITEM 3: ROLL CALL. PRESENT: John Phillips, Mayor Patricia K. Marlar, Vice Mayor Mark Thompson, Councilor Bob Randolph, Councilor Jason Gittelman, Councilor Rodney J. Ray, City Manager Ronald D. Cates, City Attorney Jane Buchanan, City Clerk ABSENT: None A quorum was declared present. ITEM 4: REQUEST APPROVAL OF THE MINUTES FROM MAY 7, 1991 MEETING. A motion was made by P. Marlar, seconded by J. Gittelman, to approve the minutes by reference made a part hereto. AYE: Marlar, Gittelman, Thompson, Randolph, Phillips NAY: None MOTION: Carried 5-0 1 OWASSO CITY COUNCIL MAY 21, 1991 ITEM 5: REQUEST FOR APPROVAL OF THE CLAIMS. A motion was made by M. Thompson, seconded by P. Marlar, to approve the claims as follows: (1) General Fund $22,448.55 (2) Ambulance Service Fund $2,062.40 (3) Ambulance Service Capital Improvement $38,305.36 (4) City Garage $10,302.48 (5) Revenue Bond Project Fund $41,704.55 (6) General Fund Payroll $68,870.36 and (7) Garage Payroll $2,757.41. AYE: Thompson, Marlar, Randolph, Gittelman, Phillips NAY: None MOTION: Carried 5-0 ITEM 6: REQUEST FOR COUNCIL ACTION ON RESOLUTION NO 91-02 A RESOLUTION RELATING TO A RECOMMENDATION FROM THE OWASSO SALES TAX WATCHDOG COMMITTEE EXPRESSING THE INTENT THAT ALL PROCEEDS FROM THE SALE OF PROPERTY ORIGINALLY ACQUIRED USING REVENUE FROM THE 1988 REVENUEISALES TAX BOND ISSUE BE RETURNED TO THE CAPITAL IMPROVEMENT FUND FOR REAPPROPRIATION THROUGH THE APPROVED PROCESS. Mr. Ray presented this item to Council stating the committee's request is for the Council to take some official action expressing "the intent" of the Council for the use of funds received from the sale of property that was originally acquired with proceeds from the sales tax fund in regards to the "Main Street Renovation Project". Mr. Ray stated the staff has reviewed the Resolution and feels it reflects the intent of the Council at the time the "Main Street Renovation Project" was approved. A motion was made by B. Randolph, seconded by P. Marlar, to approve Resolution No. 91-02. AYE: Randolph, Marlar, Gittelman, Thompson, Phillips NAY: None MOTION: Carried 5-0 ._ ,,~ 2 OWASSO CITY COUNCIL MAY 21, 1991 ITEM 7: REQUEST FOR COUNCIL APPROVAL OF A RECOMMENDATION FROM THE OWASSO SALES TAX WATCHDOG COMMITTEE FOR THE ADOPTION OF A COUNCIL POLICY PROVIDING FOR A CRITERIA TO BE USED IN THE SELECTION PROCESS FOR FUTURE APPOINTMENTS TO THAT COMMITTEE. Mr. Michael Phillipi, Chairman of the Watchdog Committee presented this item to Council stating the current committee has developed a "membership criteria" based on its understanding of the underlying intent of the purpose and makeup of the committee. This policy will establish a selection criteria in advance of future appointments since the original "slots" were designated for the specific purpose of providing a diverse and represent- ative membership. It is the belief of the committee that such a guideline will make the selection less arbitrary and would help to assure the citizens that the make-up of the Committee will be maintained. Mr. Cates stated he has reviewed the policy and it is consistent with the Bond Issue and he concurred with the policy. After discussion by Council, a motion was made by P. Marlar, seconded by 8. Randolph, to approve and adopt the policy as submitted by the Watchdog Committee. AYE: Marlar, Randolph, Thompson, Gittelman, Phillips NAY: None MOTION: Carried 5-0 Note: The adopted policy statement is Attachment "A" to these minutes. jb ITEM 8: REQUEST FOR COUNCIL APPROVAL OF A CONTRACT BETWEEN THE CITY OF OWASSO AND COOPERS AND LYBRAND INC IN THE AMOUNT OF $15.000.00 FOR THE PURPOSE OF PROVIDING AN INDEPENDENT AUDIT OF THE FINANCIAL ACTIVITIES OF THE GENERAL FUND AND OTHER TRUSTS FUNDS FOR FISCAL YEAR 1990-1991. Ms. Lambert and Mr. Gerow presented this item to Council stating requests for proposals were solicited for on March 26, 1991 and six firms submitted proposals for consideration. They were as follows: (1) Stanfield and O'Dell, P.C. (2) Havern, Behrens and Heim, C.P.A.s (3) Coppers and Lybrand, Inc. (4) Carlson and Cottrell, C.P.A.s (5) Horne and Company, C.P.A.s and (6) Baird, Kurtz and Dobson, C.P.A.s. 3 OWASSO CITY COUNCIL MAY 21, 1991 Ms. Lambert gave a brief review of the City's evaluation which considered the technical qualifications and cost. The "Audit Proposal Evaluation" document was outline to show Council the method of arriving at their recommendation. Ms. Lambert stated based on the scoring of the evaluations, the Finance Department recommends the firm of Coopers and Lybrand, Inc. for the fiscal year ending June 30, 1991 audit and arbitrage calculation. Mr. Ray stated he wished the record to reflect, as he did in the memo given to the Councilmembers, that there is a relationship between Ms. Lambert and a member of the firm. Ms. Lambert will be marrying Mr. Kurt Bishop who is employed by the firm in their Management Consulting Services division. He felt there needed to be a full disclosure to Council since it might be perceived as a conflict of interest. Mr. Cates stated there is no Council policy or state law pro- hibiting this employment. After discussion by Council, a motion was made by P. Marlar, seconded by J. Gittelman, to approve a contract with Coopers and Lybrand, Inc. for the audit and arbitrage calculation for the fiscal year 1990-1991 and since a full disclosure was declared then she requested a copy of the memo from the City Manager become a part of these records so nothing would be perceived later as a conflict of interest in this situation. AYE: Marlar, Gittelman, Randolph, Thompson, Phillips NAY: None MOTION: Carried 5-0 Note: The above mentioned memo from the City Manager to the Council is Attachment "B" to these minutes. jb ITEM 9: REQUEST FOR COUNCIL APPROVAL OF RESOLUTION NO. 91-03. A RESOLUTION RE-ACCEPTING BENEFICIAL INTEREST IN AND TO THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY (O.E.D.A.). Mr. Hall presented this item to Council stating with the Declara- tion of Trust amended to remove one dedicated City Council seat on the Authority since the Authority does not receive city money, the Council, in accordance to the Trust Indenture, needs to re- accept interest in the Trust. A motion was made by J. Gittelman, seconded by P. Marlar, to approve Resolution No. 91-03. 4 OWASSO CITY COUNCIL AYE: Gittelman, Marlar, Thompson, Phillips NAY: None ABSTAIN: Randolph MOTION: Carried 4-C~,= 1 MAY 21, 1991 ITEM 10: REQUEST FOR COUNCIL ACCEPTANCE OF A GRANT AWARD FROM THE OKLAHOMA DISTRICT ATTORNEY'S COUNCIL IN THE AMOUNT OF 550 000 00 FOR THE PURPOSE OF CONTINUING AND EXPANDING AN EXISTING D.A.R.E. PROGRAM. SUCH AWARD CONTINGENT UPON A MATCHING AMOUNT OF 516.667.00 FROM THE CITY OF OWASSO. Chief Motto presented this item to Council stating in March the Police Department was authorized by Council to file an application for an $84,000.000 grant. The Department has been notified of an award of $50,000.00. This money will be used to provide salaries for two D.A.R.E. officers and materials to expand the program through the sixth grade. A motion was made by B. Randolph, seconded by P. Marlar, to accept the grant award of $50,000.00 with a city match of $16,667.00 to continue the D.A.R.E. program and directed the staff to include the necessary revenue and cost in the 1991-92 budget and authorize the Mayor to execute the grant agreement for the City. AYE: Randolph, Marlar, Thompson, Gittelman, Phillips NAY: None MOTION: Carried 5-0 ITEM 11: REQUEST FOR COUNCIL CONSIDERATION OF AN APPEAL TO A DECISION BY THE OWASSO PLANNING COMMISSION ON CASE OZ- 84 WHEREIN A REZONING REQUEST BY OWASSO DEVELOPMENT COMPANY WAS DENIED. Mr. Compton stated the applicant requested this item to be continued. A motion was made by P. Marlar, seconded by J. Gittelman, to defer this item until the June 4, 1991 meeting at the request of the applicant. AYE: Marlar, Gittelman, Thompson, Randolph, Phillips NAY: None MOTION: Carried 5-0 5 OWASSO CITY COUNCIL MAY 21, 1991 ITEM 12: COUNCIL CONSIDERATION AND ACTION RELATING TO A REQUEST BY THE OWASSO CHAMBER OF COMMERCE FOR COUNCIL APPROVAL OF THE USE OF CITY PROPERTY FOR THE SITE OF THE 1992 "GOOD SAMS" NORTHEASTERN OKLAHOMA DISTRICT CONVENTION. Mr. Ray gave a report on the convention held during the week of April 15-21 at the Recreation Center location and recommended that in consideration of the favorable response documented by a written survey sent to businesses, neighborhood residents and civic organizations, he requested the Council approve this request of the Chamber. After discussion by Co Marlar, seconded by B. Chamber for the use of extended an invitation return to our city for AYE: Marlar, Randolph, NAY: None MOTION: Carried 5-0 uncil and citizens, a motion was made by P. Randolph, to approve the request of the city property for the 1992 convention and to the members of the Good Sams present to next year's convention. Gittelman, Thompson, Phillips ITEM 13: REQUEST THAT THE STAFF BE DIRECTED TO CONTINUE THE . FINAL APPLICATION PROCESS FOR A GRANT AWARD FROM THE NATIONAL PARKS SERVICE IN THE AMOUNT OF $25 000 00 FOR THE PURPOSE OF CONSTRUCTING A COMMUNITY PICNIC FACILITY IN RAYOLA PARK. SUCH AWARD CONTINGENT UPON A MATCHING AMOUNT OF X25.000.00. Mr. Compton gave a detailed report on the application to date and requested authorization to continue the application process. A motion was made by P. Marlar, seconded by J. Gittelman, to direct the staff to continue the final application process for a grant from the National Parks Service in the amount of $25,000.00. AYE: Marlar, Gittelman, Thompson, Randolph, Phillips NAY: None MOTION: Carried 5-0 ~: 6 OWASSO CITY COUNCIL MAY 21, 1991 ITEM 14: REQUEST FOR COUNCIL ACTION TO AWARD A_BID TO DAVE GRUBB TRUCKING OF TULSA IN THE AMOUNT OF X14 000.00 FOR THE PURCHASE OF ONE (1) USED DUMP TRUCK FOR THE OWASSO STREET DEPARTMENT. Mr. Griffin addressed Council stating request were sent to three vendors and bids were received from two vendors on May 16, 1991. They were as follows: (1) J & D Truck Sales $17,600.00 and (2) Dave Grubb Trucking $14,000.00. He stated Mr. Luce and he have inspected both trucks and found the low bid was the best bid. It is for a 1974 Ford "twin screw" with a 10 yard bed. Mr. Luce is satisfied with the general condition of the truck and the work that has been done on it. A motion was made by B. Randolph, seconded by P. Marlar, to award the bid to Dave Grubb Trucking of Tulsa for $14,000.00 for the purchase of a used dump truck. AYE: Randolph, Marlar, Gittelman, Thompson, Phillips NAY: None MOTION: Carried 5-0 ITEM 15: REQUEST FOR COUNCIL APPROVAL OF THE PURCHASE OF ONE (1) EPSON EQUITY 386SX MICROCOMPUTER SYSTEM FOR_USE BY THE SENIOR CITIZENS/COMMUNITY CENTER STAFF SUCH PURCHASE TO BE MADE FROM MICROAGE COMPUTER CENTERS IN THE AMOUNT OF $1.368.00. Mr. Knebel presented this item to Council stating a system is needed to enhance the services provided by the Center for the community and to enable the Foundation to achieve its fund raising goal. Mr. Ray stated the purchase would be make with money in the Senior Citizen Grant Fund. A motion was made by P. Marlar, seconded by J. Gittelman, to approve this purchase from Microage Computer Centers in the amount of $1, 368.00. AYE: Marlar, Gittelman, Thompson, Randolph, Phillips NAY: None MOTION: Carried 5-0 7 OWASSO CITY COUNCIL MAY 21, 1991 ITEM 16: REQUEST FOR COUNCIL APPROVAL OF FISCAL 1990-1991 SUPPLEMENTAL APPROPRIATIONS TO VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND. Mr. Ray presented this item to Council stating the year end projections of revenues and expenditures for all funds has been completed. Supplemental appropriations in the following funds are needed: E-911, General and the Community Center. He requested the following expenditure amounts in the General Fund: (1) Managerial $21,500.00; (2) Community Development 10,750.00; (3) General Government $18, 500.00; (4) Building Maintenance $1,000.00; (5) Streets $26,700.00; (6) Senior Citizens $1,800.00; (7) Community Center $500.00; (8) Park Maintenance $4,OOO.OO,in the E-911 Fund $1,000.00, and in the Community Center Fund $256.00. He requested the following revenue increases: (1) in the General Fund $150,000.00 and (2) in E-911 $7,000.00. He requested the following Transfer Out: General Fund to OPWA Sales Tax $33,000.00. A motion was made by J. Gittelman, seconded by P. Marlar, to approve the supplemental appropriations to the budget as requested above. AYE: Gittelman, Marlar, Randolph, Thompson, Phillips NAY: None MOTION: Carried 5-0 ITEM 17: REQUEST FOR COUNCIL APPROVAL OF A CONTRACT BETWEEN THE CITY OF OWASSO AND SELF INSURERS SERVICE BUREAU INC. IN THE AMOUNT OF $10.000.00 FOR THE PURPOSE OF PROVIDING CLAIMS ADMINISTRATION ASSISTANCE IN ~ SELF INSURED WORKER'S COMPENSATION PROGRAM. THIS AGREEMENT WILL BECOME EFFECTIVE JULY 1, 1991. Mr. Ray stated in March the Council authorized the staff to proceed with the implementation of a Self Insured Workers Compensation Fund. This request is the next step in implementing the program. This will allow us to have a stronger role in the administration of claims. This will result in some savings to the City and will focus some needed attention on the area of work place safety. He requested approval of the contract. ~. 8 OWASSO CITY COUNCIL MAY 21, 1991 A motion was made by P. Marlar, seconded by J. Gittelman, to approve a one year contract with Self Insurers Service Bureau, Inc. in the amount of $10,000.00 effective July 1, 1991. AYE: Marlar, Gittelman, Thompson, Randolph, Phillips NAY: None MOTION: Carried 5-0 ITEM 18: REQUEST FOR COUNCIL APPROVAL OF THE PURCHASE OF "EXCESS INSURANCE COVERAGE" FROM SAFETY MUTUAL CASUALTY CORPORATION IN THE AMOUNT OF $27.400.00 FOR THE PURPOSE OF PROVIDING COVERAGE FOR MAJOR CLAIMS AGAINST A SELF INSURED WORKER'S COMPENSATION PROGRAM. THIS PREMIUM WILL BECOME EFFECTIVE JULY 1, 1991. Mr. Ray stated this is another step in the self insurance program. This reinsurance policy is to protect the City in the event of a major claim. A motion was made by P. Marlar, seconded by J. Gittelman, to approve the purchase of "excess insurance coverage" from Safety Mutual Casualty Corporation in the amount of $27,400.00 for a one year period beginning July 1, 1991. AYE: Marlar, Gittelman, Thompson, Randolph, Phillips NAY: None MOTION: Carried 5-0 ITEM 19: REPORT FROM CITY MANAGER. Mr. Ray stated the Capital Improvement Report will be presented at the June 4, 1991 Council meeting for adoption. ITEM 20: REPORT FROM CITY ATTORNEY. None ITEM 21: UNFINISHED BUSINESS FROM PREVIOUS MEETING. None ITEM 22: NEW BUSINESS None 9 OWASSO CITY COUNCIL ITEM 23: ADJOURN. MAY 21, 1991 With there being no further business to be brought before the Council, Mayor Phillips asked for a motion to adjourn. A motion was made by P. Marlar, seconded by J. Gittelman, to adjourn. AYE: Marlar, Gittelman, Randolph, Thompson, Phillips NAY: None MOTION: Carried 5-0 Meeting was adjourned at 8:35 p.m. John F~ i ps , Mayor ,~,,,~ m: Q/~tlJ cJ ne Buchanan, City Clerk r-, 10 Attachment "A" to May 21, 1991 City Council minutes. POLICY STATEMENT OWASSO CITY COUNCII, CITY OF OWASSO. OKLAHOMA May 21, 1991 In order to ensure the integrity of the makeup of the Watchdog Committee as established by a vote of the citizens of Owasso, the City Council of the City of Owasso adopts the following criteria as guidelines for future appointments to the Owasso Sales Tax Watchdog Committee; 1. Each appointee must be a resident within the area defined as the Owasso fenceline and/or school district (herein referred to as the "service area"). 2. NEWS MEDIA APPOINTMENTS - an individual who conducts media-related activities within the service area as their primary career or business. 3. ECONOMIC DEVELOPMENT APPOINTMENTS - an individual who is a member of an organized group designed to promote economic development activities within the defined service area. 4. RETAIL BUSINESS APPOINTMENTS - an individual who operates a retail outlet, that being a business conducting direct sales to the public within the defined service area. 5. EDUCATION APPOINTMENTS - (a) one individual actively employed by an Owasso School as an administrator and residing within the service area; and (b) one individual actively employed by an Owasso school in a teaching position and residing within the service area. 6. RECREATION APPOINTMENTS - an individual who is an active member of an organized group promoting the development of amateur sports and recreation within the service area. 7. BUII.DING INDUSTRY APPOINTMENTS - an individual who conducts his/her primary construction and/or development business within the service area. 8. SENIOR CITIZEN APPOINTMENTS - an individual who has attained the age of 60 years or more and who resides within the service area. WATCHDOG COMMIT'T'EE APPOI]vT1VlENTS POLICY STATEMENT MAY 21, 1991 PAGE TWO OF TWO 9. FINANCIAL APPOINTMENTS - an individual who is an officer or employee of a financial institution engaging in banking, the brokerage of stocks or bonds, or other major financial activity with the defined Owasso service area. 10. MEMBERS-AT-LARGE APPOINTMENTS - an individual who is a resident within the area defined as the Owasso fenceline and/or school district. Attachment "B" to May 21, 1991 City Council minutes. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY SUBJECT: BACKGROUND ON REQUEST TO AWARD AUDIT CONTRACT TO COOPERS & LYBRAND DATE: MAY 21, 1991 BACKGROUND• In the Agenda packet you received last Friday, item #8 contained a recommendation from the staff that the Council select the Firm of Coopers & Lybrand as your Independent Auditor for the fiscal year 1990-91. That recommendation was made by Mr. Walter Gerow, our staff accountant, after an exhaustive review of the six proposals. Naturally, Mr. Gerow consulted with Ms. Lambert and me prior to preparing his final recommendation for presentation to the City Council. Mr. Gerow's review and evaluation was based on a line by line review of the proposals through the use of an evaluation checklist that was included in you packet. On Thursday, May 16, Mr. Gerow presented his recommendation to Ms. Lambert and me and detailed his findings .for our review and consideration. As a result of that review, we both concurred with the analysis performed by Mr. Gerow and found his conclusions to be well supported and documented. I was, in fact, very impressed with the work Mr. Gerow did on this project. The initial "Request for Proposals" was very professionally designed so as to solicit the appropriate information in a form that could be quantified and evaluated. His final recommendation came after several days of in-depth analysis and was based exclusively on that evaluation. Unfortunately, life is not always as clear cut as an analytical evaluation of proposals. This is one of those instances wherein there is an extenuating circumstance that should be noted by the Council as you make your selection for the award of an audit contract. Our Finance Director, Ms. Lambert, is currently planning to marry an employee of the Tulsa office of Coopers & Lybrand. That relationship should be noted by the Council in order that at some later date there is no implication that the City or the staff was unaware of the connection. Mr. Kurt Bishop is employed by Coopers & Lybrand as a management consultant in their "Management Consulting Services" division. He has been employed by Coopers & Lybrand for a period of 3 years and does not have any responsibilities in the "Audit Division". AUDIT PROPOSAL 1990-91 MAY 21, 1991 PAGE TWO On March 21st, I met with Ms. Lambert for the purpose of discussing the "Request for Proposals" prepared by Mr. Gerow. This meeting was for the purpose of briefing me on the items to be included in the proposal and for receiving my final approval for their distribution. During the course of that meeting, Ms. Lambert suggested to me that there might be some question of the appropriateness of allowing Coopers & Lybrand to submit a proposal due to the fact that she was indeed planning a marriage to an employee of Coopers & Lybrand. Her suggestion, at that point, was that we not allow the firm to compete for the contract. I concurred and asked her to contact the partner in charge of the firm's Audit Division for the purpose of informing them they would be excluded from the selection process for City Auditor. Ms. Lambert did contact the firm and did make our decision known to the division Partner. Over the subsequent weekend, however, I reviewed my decision to exclude Coopers and Lybrand from the selection process and determined that I had made a mistake and that to exclude an entire firm was in fact discriminatory and without basis. On March 25th, I once again met with Ms. Lambert and ask her several questions relating to Mr. Bishop's position with the firm and whether his duties included any responsibilities in the performance of audits. I also followed up on that discussion with a telephone call to the Partner of the firm's Audit Division. I requested information on the firm and discussed the issue with the Partner. Specifically, we discussed the firms organizational makeup and the interaction between divisions. I also specifically asked if Mr. Bishop would be in a position to influence or actively participate in the audit work for the City of Owasso should the contract be awarded to Coopers & Lybrand. The Audit Partner, Daniel E. Schultz, Jr. very pointedly informed me that he understood our concern. Their policies preclude the participation of Mr. Bishop from working on the Owasso audit, not only because of the relationship with a city official but also because he is not qualified as an auditor and is therefore not authorized to participate in audit work. Mr. Schultz also informed me that the firm of Coopers & Lybrand was subject to the ethics code of the AICPA and that code expressly prohibits the use of employees on audit projects when that employee's relationship may create a conflict of interest. That conversation ended with a statement from me that it was now my opinion that there was no valid conflict of interest that should preclude Coopers & Lybrand from submitting a proposal to the City and that I would inform Ms. Lambert that Coopers & Lybrand should be included on the list of firms to receive the "RFP" . Subsequently, Ms. Lambert spoke to Mr. Schultz and confirmed that I had changed my decision and that the firm would be receiving a request for proposal. Mr. Gerow received six proposals from firms interested in performing our annual audit, including one from the firm of Coopers & Lybrand. AUDIT PROPOSAL 1990-91 MAY 21, 1991 PAGE THREE COMA~IENTS: 1. When the management of the publics funds is involved, it is the right of the public to know and be awaze of any pertinent information that may affect the quality of that management. Ms. Lambert and I had discussed this issue several times and had decided that, in the event Coopers & Lybrand did receive the recommendation from Mr. Gerow, we should include the above information in the memorandum sent to the Council. However, we failed to inform Mr. Gerow of that decision. When he prepazed the Memorandum included in the packet, both Ms. Lambert and I were in day long work sessions in Tulsa. We did not review the Memorandum in its final form and did not advise Mr. Gerow to include a section containing this information. 2. My decision to allow Coopers & Lybrand to submit a proposal was based on my belief that the free enterprise system works best when competition is as unrestricted as possible. I researched: the laws relating to conflicts of interest, the ordinances applicable, and the work organization of the firm involved. At that time, I had no idea who would be recommended by Mr. Gerow to perform the audit. The decision was made knowing that it was possible that Coopers & Lybrand could be the recommended firm. To allow them to submit indicated that I felt all of the questions had been satisfactorily answered and that if selected they were qualified and trusted to do an independent audit of the fiscal operations of the City. 3. It should be also noted that the real issue here is the people involved in this matter. Anyone who really desires to influence a project, such as this, could find a way to accomplish that task. Legal and ethical "prohibitions" aze only good when you have people who subscribe and live by those restrictions and ethics. Ms. Lambert is one of those persons. In this case, we aze fortunate to have a financial officer who seeks to enhance the fiscal management of the City and consistently has demonstrated her commitment to the proper and legal operation of the City's fiscal affairs. 4. When all of the elements of this matter are viewed, there is no indication that there is any reason, legal or ethically, to believe the City would receive anything but a quality product from this firm, should they be selected to perform the annual audit. RECOMMENDATION• I recommend that the Council awazd a contract to the firm of Coopers & Lybrand for the purpose of conducting an independent audit. I further recommend that this memorandum be made a part of the minutes of the meeting and that it become a part of the permanent record so as to provide documentation that the existence of a relationship between a city official and an employee of the firm .. was known at the time of the awazd of the contract.