11/20101207
MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
November 8, 2010
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
November 8, 2010, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor: Will Biard
Council Members: Jason Rogers; Joe McCarthy; John_ Wright; Stephen
Brown; Edwin Pickle; and Rhonda Rogers
City Staff: Kevin Carruth, City Manager; Kent McIlyar, City
Attorney; Janice Ellis, City Clerk; Randy Tuttle,
Assistant Police Chief; Ronnie Grooms, Fire Chief,
Gene Anderson, Finance Director; Steve
McFadden, Interim Public Works Director; Shawn
Napier, City Engineer; Kent Klinkerman, EMS
Director; Doug Harris, Utilities Director; and
Priscilla McAnally, Library Director
Opening Agenda
1. Call meeting to order.
Mayor Biard called the meeting to order at 5:32 p.m.
2. Invocation.
Pastor Van Lazaroff gave the invocation.
3. Pledge of Allegiance.
Council Member Rhonda Rogers led the pledge.
Mayor Biard said that Council had been asked to move item 19(a) up on the Agenda,
because there was a scheduling conflict.
A Motion to move item 19(a) forward was made by Council Member Pickle and
seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays.
19. Convene into Executive Session:
(a) Pursuant to Section 551.071 of the Texas Government Code, Consultation with
Attorney, to receive legal advice from the City Attorney about pending or
contemplated litigation and/or on matters in which the duty of an attorney to his client
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November 8, 201W �N 1 12 O 8
Page 2
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas,
clearly conflict with this chapter, to -wit:
• Ranger Abbott vs. City of Paris, Texas, et al; Cause No. 79627; in the 62nd
Judicial District Court of Lamar County, Texas; and
• Ranger Abbott vs. City of Paris, Texas; Cause No. 79683; in the 62 °d Judicial
District Court of Lamar County, Texas.
a
Mayor Biard convened City Council into executive session at 5:35 p.m. and reconvened
City Council into open session at 5:48 p.m. Mayor Biard said there was no action to be taken at
that time.
4. Citizens' forum.
Linda Christian, 3305 Ridgeview Road — she spoke on behalf of two - hundred families
and asked that the Council place an item on the Agenda regarding the loud noise coming from
Buffalo Joes and Crosswire.
Bobbie Kirtley, 1065 N.E. 34ffi Street — she complained about the loud drum base coming
from Buffalo Joes and Crosswire.
Josh Bray, Sanitation Solutions — he referenced item 17 and said that Sanitation Solutions
could save the City in an excess of $100,000 annually. He offered a month -to -month landfill
agreement placing emphasis on a savings of $13,000 a month to the City.
Harold Kirtley, 1065 N.E. 34th Street — he said the citizens expected something to be
done about the offensive noise coming from Buffalo Joes and Crosswire. He said the noise
sometimes goes on from 6:00 p.m. until 2:00 a.m.
Dawn Hope, 3315 Ridgeview — she said she lives behind Buffalo Joes and the noise is a
- problem.
Robert Brunson, 2598 Clark Lane — he said that in the past he had problems with Mr.
Carruth returning phone calls, but he knew that Mr. Carruth had a difficult job. Mr. Brunson
urged Council to work out their differences with Mr. Carruth, because it was not good for the
City of Paris to have so many changes.
Consent Agenda
Mayor Biard inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. There were none.
A Motion to approve the Consent Agenda was made by Council Member McCarthy and
seconded by Council Member Wright. The Council voted seven (7) for and none (0) opposed to
approve and adopt Consent Agenda Items 5 & 6.
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09 November 8, 2010
Page 3
5. Deliberate and act on the approval of minutes from the meeting on October 25, 2010.
6. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Paris Public Library Advisory Board minutes (9- 15 -10)
b. Traffic Commission minutes (10- 20 -10)
Regular Agenda
7. Public hearing, deliberate, and act on AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, ADDING A NEW CHAPTER 35, WRECKER
TOWING, AND STORAGE FACILITIES TO THE CITY OF PARIS, REGULATING
PROCEDURES AND POLICIES PERTAINING TO THE OPERATIONS OF
WRECKER, TOWING, AND STORAGE FACILITIES IN THE CITY OF PARIS,
TEXAS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT, MAKING THIS ORDINANCE CUMULATIVE OF STATE AND
FEDERAL LAWS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE,
A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Biard opened the public hearing and asked for anyone wishing to speak in support
of this item, to please come forward. No one spoke. Mayor Biard asked for anyone wishing to
speak in opposition to this item, to please come forward. With no one speaking, Mayor Biard
closed the public hearing.
Staff recommended tabling this matter to allow for conduction of a fee study.
A Motion to table this item was made by Council Member Rhonda Rogers and seconded
by Council Member Pickle. Motion carried, 7 ayes — 0 nays.
8. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE
CITY PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L.
RANEY, DBA YELLOW CAB COMPANY, AN EXTENSION OF AN EXISTING
FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF
THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS
FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR,
BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011, UPON THE
TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE
REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A
FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS,
ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH
GRANT UPON SPECIFICED CONDITIONS; PROVIDING FOR MINIMUM
LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR
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November 8, 2010 �.
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THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR
EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN
EFFECTIVE DATE.
A Motion to combine the second reading of items 8, 9, and 10 was made by
Council Member Pickle and seconded by Council Member Wright. Motion carried, 7
ayes — 0 nays.
9. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE
CITY PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L.
RANEY, DBA CITY CAB COMPANY, AN EXTENSION OF AN EXISTING
FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF
THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS
FOR FARE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR,
BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011, UPON THE
TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE
REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A
FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS,
ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH
GRANT UPON SPECIFICED CONDITIONS; PROVIDING FOR MINIMUM
LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR
THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR
EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN
EFFECTIVE DATE.
10. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE
CITY PARIS, TEXAS, GRANTING TO DAVID THOMPSON D/B /A LONE STAR
CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE
PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR
THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR
VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 1, 2011
AND ENDING DECEMBER 31, 2011, UPON THE TERMS AND CONDITIONS
HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID
BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH
PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS;
PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFICED
CONDITIONS; PROVIDING FOR MINIMUM LIABILITY INSURANCE
REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF
SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE
OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE.
11. Second reading, deliberate and possibly act on AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, ENACTING A NEW ARTICLE IV,
FIRE AND RESCUE SERVICE FEES TO CHAPTER 12 OF THE CODE OF
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1211 November 8, 2010
Page 5
ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING FOR THE
COLLECTION OF FEES AND COSTS FOR SERVICES RENDERED AT VEHICLE
FIRES, VEHICLE ACCIDENTS, HAZARDOUS WASTE SPILLS AND RESCUE
INCIDENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Council Member Brown inquired if the City would be billing only insurance companies
for those who live outside the City. Chief Grooms answered in the affirmative. _ Council Member
Rhonda Rogers said that language should be included in the ordinance and resolution and would
like this to be brought back to Council.
A Motion to table the item was made by Council Member Rhonda Rogers and seconded
by Council Member McCarthy. Motion carried, 7 ayes — 0 nays.
12. Deliberate and possibly act on A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT BETWEEN THE CITY OF PARIS FIRE DEPARTMENT AND
REVENUE RESCUE, INC. FOR THE COLLECTION OF FEES AND COSTS FOR
SERVICES RENDERED AT VEHICLE FIRES, VEHICLE ACCIDENTS,
HAZARDOUS WASTE SPILLS AND RESCUE INCIDENTS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
A Motion to table this item was made by Council Member Rhonda Rogers and seconded
by Council Member Pickle. Motion carried, 7 ayes — 0 nays.
13. Deliberate and possibly act on RESOLUTION NO. 2010 -112: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE
CONTRACT WITH THE CHAMBER OF COMMERCE OF LAMAR COUNTY, INC. u
TO MAINTAIN THE VISITORS & CONVENTION COUNCIL FOR THE PURPOSE
OF MANAGING THE MUNICIPAL HOTEL OCCUPANCY TAX FUND TO
PROMOTE TOURISM AND THE CONVENTION AND HOTEL INDUSTRY IN THE
CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
A Motion to bring this item from the table was made by Council Member Rhonda Rogers
and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays.
Council Member Rogers requested the following three changes to the Agreement: 1)
page 2, item #3, on the third line, after the words "City Manager" insert the words "and the City
Council "; 2) page 3, item #9, on the second line, between the words "report" and "of' insert the
words "to the City Council "; 3) page 3, item #15, on the second line, delete the word
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November 8, 201p
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automatically. Council Member Rogers suggested that the Council review the Agreement on an
annual basis.
Subject to the above - referenced changes, a Motion to approve this item was made by
Council Member Rhonda Rogers and seconded by Council Member Pickle. Motion carried, 7
ayes — 0 nays.
14. Deliberate and possibly act on RESOLUTION NO. 2010 -113: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY -OF PARIS AND
PARIS R/C ASSOCIATION TO LEASE 3.673 ACRES OF LAND NEAR LAKE
GIBBONS FOR THE PURPOSE OF MODEL AERONAUTICS ACTIVITIES;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Brown and seconded by
Council Member Pickle. Motion carried, 7 ayes — 0 nays.
15. Deliberate and possibly act on RESOLUTION NO. 2010 -114: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE
MAYOR TO ACQUIRE A 0.9585 -ACRE TRACT OF LAND FROM UNION PACFIC
RAILROAD FOR THE WEST EXTENSION OF THE PROPERTY KNOWN AS
TRAIL DE PARIS FROM 13TH STREET SE WEST TO 8TH STREET SE;
AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS
NECESSARY FOR ACQUISITION; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Wright. Motion carried, 7 ayes — 0 nays.
16. Deliberate and possibly act on authorizing funding for the Bywaters Park Peristyle
restoration project.
In addition to what was contained in the briefing sheet, Council Member Pickle said KPB
had committed $10,000 to this project. Council Member Pickle said they had been applying for
grants for over a year and without success. Mayor Biard said that staff had applied for another
grant last week and gone out for bids. Council Member Pickle said he wanted to move forward
with this project, while the Mayor and other Council Members expressed a need to see what the
bids reveal and if the grant is awarded to the City. City Engineer Shawn Napier said bids would
be opened on December 7th. Grant writer Kim Lacey told the Council if work begins prior to
being awarded the grant, that they would not receive any grant funds. It was a consensus of the
Council to postpone this item until the December 13th meeting.
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1213 November 8, 2010
Page 7
17. Deliberate and possibly act on establishing a sanitation RFP review committee and /or
selecting a provider for landfill services and a provider for residential collection services.
Council Member McCarthy recommended that Mayor Biard, Council Member Rhonda
Rogers and Council Member Jason Rogers serve on the committee. Mayor Biard preferred that
Council conduct a work session to deliberate on residential collection services, but said he did
not have a problem going month -to -month with a landfill provider until further review. Council
Member Jason Rogers said he would like an opportunity to discuss all options prior to making
any decisions. Council Member Rhonda Rogers and Council Member McCarthy agreed.
Council Member Brown said he was ready to start saving the taxpayers $13,000.00 a month and
made a Motion to approve the landfill services with Sanitation Solutions on a month -to -month
basis. Mayor Biard said they were required to give Waste Management thirty days written
notice pursuant to their Agreement. Council Member Brown said it would be January 1, 2011
before they could start the service for the landfill with Sanitation Solutions. Council Member
Jason Rogers reiterated he wanted to wait until further study and discussion. Mayor Biard
suggested they engage the services of Sanitation Solutions on a month -to -month basis for
landfill services only, pending further review and prior to making a long term decision. Council
Member Wright seconded the Motion to approve a month -to -month agreement with Sanitation
Solutions for landfill services. Motion carried, 4 ayes — 3 nays, with Council Member Rhonda
Rogers, Council Member Jason Rogers, and Council Member McCarthy casting the dissenting
votes. It was a consensus of the City Council to schedule a workshop session for Monday,
November 15th at 5:30 p.m. Council Member McCarthy said he wanted to make sure that the
public was aware of the meeting. Mayor Biard said they should receive citizen input, as well as
input from the bidders.
18. Deliberate and possibly act on meeting dates for November and December.
It was a consensus of the City Council to have their regular scheduled meetings on
November 22"d and December 13th, but cancel the December 27th meeting.
19. Convene into Executive Session:
(b) 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: Evaluation and discussion of the
retention, suspension, or termination of the City Manager.
Mayor Biard recessed City Council at 6:52 for a five minute recess and then convened
Council into executive session.
20. Reconvene into open session and possibly discuss and/or act on matters discussed in
executive session.
Mayor Biard reconvened City Council into open session at 7:18 p.m. and moved to item
21.
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November 8, 201'0
Page 8
21. Deliberate and act on a request for the resignation of the City Manager.
A Motion to table this item was made by Mayor Biard and seconded by Council Member
McCarthy. Motion carried, 7 ayes — 0 nays.
22. Deliberate and act on A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, REQUESTING THE RESIGNATION OF THE CITY MANAGER, OR
IN THE ALTERNATIVE, SUSPENDING AND PROPOSING THE REMOVAL OF
KEVIN CARRUTH FROM HIS POSITION AS CITY MANAGER AND
DESIGNATING A QUALIFIED PERSON TO SERVE IN THE CAPACITY OF
INTERIM CITY MANAGER; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
In response to contact by Mr. Carruth's attorney, Mayor Biard made a Motion that
Council authorize the Mayor, and the City Attorney to engage outside counsel to negotiate with
Mr. Carruth and his attorney. The Motion was seconded by Council Member McCarthy. Motion
carried, 7 ayes — 0 nays.
23. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004 -081.
Council reminded everyone of the following events: Holiday in Paris Annual Christmas
Banquet on December 10th at St. Paul Baptist Church beginning at 7:00 p.m.; Paris Diversity
Task Force Dinner on November 11th at 6:00 p.m.; ribbon cutting at Modern Auto Body on
November 91h at 10:00 a.m.; and Community Wide Veterans Day Celebration at the Love Civic
Center on November 11th beginning at 3:00 p.m.
24. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
McCarthy and was seconded by Council Member Jason Rogers. Motion carried, 7 ayes — 0 nays.
The meeting was adjourned at 7:34 p.m.
IARD, MA-
AYOR
ICE ELLIS, CITY CLERK
1214
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1215
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
November 15, 2010
The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday,
November 15 2010, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor: Will Biard
Council Members: Joe McCarthy; Jason Rogers; John Wright; Stephen
Brown; Edwin Pickle; and Rhonda Rogers
City Staff. Kevin Carruth, City Manager; Kent McIlyar, City
Attorney; and Janice Ellis, City Clerk
1. Call meeting to order.
Mayor Biard called the meeting to order at 5:32 p.m.
2. Review and deliberate on proposals received for landfill services and residential
collection services.
City Manager Kevin Carruth mentioned that on November 8`h City Council had voted to
enter into a month -to -month agreement with Sanitation Solutions and inquired as to when they
wanted that service to begin. Council Member Brown said as soon as possible, but no later than
January 1, 2011. Mayor Biard directed the City Manager to execute and send a letter notifying
Waste Management of the termination of their contract.
Mayor Biard acknowledged that Brian Conditt from Waste Management and Josh Bray
from Sanitation Solutions were both at the meeting to answer questions from City Council.
City Council discussed recycling and the options of whether or not to have two trash
pickups a week and a drop off site for recycling or the possibility of one trash pickup a week and
curbside recycling. Mr. Conditt said they had not included recycling in their bid, but they were
willing to negotiate a recycling program. Mr. Bray said they had included recycling and a drop
off site in their bid. City Council discussed services and costs associated with services. Mayor
Biard said it was apparent that privatization of residential collection would be a cost savings and
inquired if Council wanted to go that route. Council Member Rhonda Rogers said there were
still too many issues and that she thought they should have a public hearing to get citizen input.
Mayor Biard said there was a consensus that some type of recycling was needed, but they would
have to determine if it was to be a drop -off site or curb side.
Special Council Meeting
November 15, 2010
Page 2
Citizen Robert Brunson asked if the City was losing money by allowing the City to
continue residential collection services. Council Member Brown said in the past the City had
lost money on the provided services. Citizen Richard Lee said the biggest concern citizens had
with privatization was the possibility of an increase in cost and a decrease in services. Council
Member Brown said with privatization that the cost would be less for the City and for the
citizens.
City Council continued their discussion specifically about employees, benefit packages,
and prices for landfill services.
It was a consensus of the City Council to schedule a public hearing for the November
22 "d meeting, as well as deliberate and award a contract for residential collection.
3. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
McCarthy and was seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. The
meeting was adjourned at 7:34 p.m.
BIARD, MAYOR
4- CX-LO
lJCEQE—LLIS, CITY CLERK
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
November 22, 2010
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
November 22, 2010, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: Will Biard
Council Members: Joe McCarthy; Jason Rogers; John Wright; Stephen
Brown; Edwin Pickle; and Rhonda Rogers
City Staff: Kevin Carruth, City Manager; Kent McIlyar, City
Attorney; Janice Ellis, City Clerk; Bob Hundley,
Chief of Police; and Steve McFadden, Interim
Public Works Director
Opening Agenda
1. Call meeting to order.
Mayor Biard called the meeting to order at 5:30 p.m.
2. Invocation.
Mike Shields gave the invocation.
3. Pledge of Allegiance.
Council Member Joe McCarthy led the pledge.
4. Citizens' forum.
Bill Golden, 4010 Alpine — he said he had a fencing problem and asked that the item be
placed on the December 13th Agenda.
Matthew Coyle, 3338 N.E. Loop 286 and 112 S. Main — he said he was speaking on
behalf of Buffalo Joe's Pub. He said they operated a respectable business and that they followed
city ordinances and would continue to do so.
Michael Gladfelter, 1345 S.E. 6`h Street — he said that he opposed Waste Management as
a residential trash collector.
Ray Banks, 3450 Robin Road — he said it was his understanding that during the public
hearing, they would be able to get answers to their questions. Mayor Biard said answers would
be provided assuming that the answers were known at that time.
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November 22, 2010
Page 2
5. Public Announcements.
a. Proclamation recognizing the North Lamar High School Marching Band for their
achievements.
Mayor Biard presented a proclamation to the North Lamar High School Marching Band
and its Directors in recognition of their achievements, which included placing second in the class
3A UIL state marching band contest held in San Antonio, Texas on November 1, 2010.
Consent Agenda
Mayor Biard inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. There were none.
A Motion to approve the Consent Agenda was made by Council Member Pickle and
seconded by Council Member Brown. The Council voted seven (7) for and none (0) opposed to
approve and adopt Consent Agenda Items 5, 6, 7, 8 & 9.
6. Deliberate and act on the approval of minutes from the meeting on November 8, 2010.
7. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Historic Preservation Commission (10- 13 -10)
8. Deliberate on October monthly financial report.
9. Deliberate on drainage ditch maintenance report.
Regular Agenda
10. Public hearing, hear and deliberate proposals received for landfill services and residential
collection services.
Traffic and Sanitation Supervisor Ed Wayne Samis gave a presentation to City Council
outlining services provided by the divisions. Mr. Samis said that the primary services for the
Sanitation Division were residential collection, residential street sweeping, residential brush
collection, and the residential compost facility. He also said that the supplementary services
included the neighborhood beautification program, illegal bulk debris removal, tire recycling,
computer monitor recycling, on call 24 -7 debris removal, labor support for Traffic Division,
event support for the city departments, and weather related emergency assistance. Mr. Samis
told City Council that the Traffic Division handled sign design and fabrication, field sign
installation and maintenance, pavement and curb making operations, right -of -way delineation,
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fleet graphics and lettering, traffic data collection, intersection vegetation clearing, and Federal
Highway Administration Mandates for the years 2012, 2015 and 2018.
Finance Director Gene Anderson said that the City Manager had asked him to review the
sanitation bids and the City's rate. Mr. Anderson presented a comparison spreadsheet reflecting
the 2010 -2011 budget revenues and expenses, as well as expenses under Alternate One for
Sanitation Solutions. Council Member Rhonda Rogers asked if there was a comparison table for
Waste Management. Mr. Anderson said that he did not have a chance to prepare one, because he
had received the numbers that afternoon. Sanitation Solutions owner Josh Bray did not agree
with the comparison spreadsheet, because he said that it did not reflect the additional services
included in their bid. Mr. Bray said Sanitation Solutions submitted their bid with three
alternatives, one was a residential only collection, one was with a landfill only and the other
alternate was a combination.
Council discussed the bids, residential collection services, landfill services, and the
expenses associated with the services.
Mayor Biard opened the public hearing and asked for anyone wishing to speak on the
item, to please come forward.
Ken Kohls, 3935 Brandyn Place — he said that the City and County needed to work
together to establish a place where all citizens could dump unwanted items at no charge.
A.D. Thompson, 3920 Alpine — he said that he could not speak for or against
privatization until he knew what the cost of services, what kind of services would be provided,
and how many employees would lose their jobs.
Ruth Ellen Grant, 620 -26' S.E. — she said that she did not have enough information to be
for or against privatization. She also said that recycling needs to be a part of whatever decision
is made. Mayor Biard said that there was going to be a recycling component.
Jesse James Freelen, 115 -45th S.W. — he expressed concern about the containers, because
he had heard from several citizens who did not want poly carts. Mayor Biard said that he too had
heard the same and that an alternate could be considered. Mr. Freelen asked City Council to
research this issue prior to making a decision. He said that five or six years ago citizens filed a
petition against privatization.
Several Council Members expressed that more information was needed including the cost
to the citizens and what kind of services will be provided to the citizens based on the bids.
Mayor Biard said having this information would allow the Council to decide on options for
services to be provided by the City or the vendor. Mr. Carruth said if other services were going
to be. provided, they would need to decide who was going to pay for those services and where the
Rinds would come from to pay for those services.
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November 22, 2010
Page 4
Ray Banks, 3450 Robin Road — he said if the RFP was not followed as written, then it
was useless.
Doug Sims, Waste Management Representative, 3755 Brandyn Lane — he said it was his
understanding of the RFP that the residential collection and the landfill services were to each be
a standalone and that is how Waste Management bid it.
Robert Brunson, 2598 Clark Lane — he said that Council needs to figure out exactly what
the cost was going to be and what the services were going to be prior to making a decision.
Edna Gray, 2101 W. Cherry — she wanted to know what would happen to the trucks if
they privatize. Mayor Biard said the trucks would be sold if they privatize.
Bruce Carr, 845 -42nd S.E. — he encouraged City Council to move forward with the
landfill contract.
Council Member Rhonda Rogers said she did not believe they had enough information to
vote on this item at the December 13th meeting. Council Member Brown agreed. Mayor Biard
asked Gene Anderson to compile additional information to bring back to the next Council
meeting. Council Member McCarthy said he did not want to vote on this item at the next
meeting. Mayor Biard said this item would be scheduled for the next meeting, but for discussion
only. Mayor Biard asked the Council Members to e-mail Gene Anderson or Kevin Carruth with
any specific questions prior to the next meeting.
11. Deliberate and possibly act on ORDINANCE NO. 2010 -044: AN ORDINANCE OF
THE CITY COUNCIL. OF THE CITY OF PARIS, TEXAS, ENACTING A NEW
ARTICLE IV, FIRE AND RESCUE SERVICE FEES, TO CHAPTER 12 OF THE
CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING FOR
THE COLLECTION OF FEES AND COSTS FOR SERVICES RENDERED AT
VEHICLE FIRES, VEHICLE ACCIDENTS, HAZARDOUS WASTE SPILLS AND
RESCUE INCIDENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
A Motion to bring this item from the table was made by Council Member McCarthy and
seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes — 0 nays.
Council Member Rhonda Rogers inquired if the revenue would go back to the Fire
Department. Kevin Carruth answered in the affirmative.
Subject to an encumbered fund being established for the Fire Department and reviewing
this account in one year, a Motion approve this item was made by Council Member Rhonda
Rogers and seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays.
Regular Council Meeting
November 22, 2010
Page 5
12. Deliberate and possibly act on RESOLUTION NO. 2010 -115: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY
OF PARIS FIRE DEPARTMENT AND REVENUE RESCUE, INC. FOR THE
COLLECTION OF FEES AND COSTS FOR SERVICES RENDERED AT VEHICLE
FIRES, VEHICLE ACCIDENTS, HAZARDOUS WASTE SPILLS AND RESCUE
INCIDENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
A Motion to bring this item from the table was made by Council Member McCarthy and
seconded by Council Member Jason Rogers. Motion carried, 7 ayes — 0 nays.
A Motion to approve this item was made by Council Member McCarthy and seconded by
Council Member Rhonda Rogers. Motion carried, 7 ayes — 0 nays.
13. Deliberate and possibly act on A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, APPROVING THE BID AND AWARDING THE
CONTRACT FOR THE STILLHOUSE ROAD WIDENING — PHASE I, LEVI LANE
TO LEWIS LANE TO RICHARD DRAKE CONSTRUCTION COMPANY, L.P., THE
LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
Council Member Brown said he thought this project was going to cost under $100,000,
but the number now reflects the project is going to cost over $175,000. Engineer Reeves Hayter
said the difference in the price was the result of Council asking for curb and gutter to be added to
the project. Council Member Brown wanted to know how this project would be funded. City
Engineer Shawn Napier said initially Council had directed it to come for reserves. Council
Member Brown said they could not keep taking money out of reserves and Council Member
Rhonda Rogers agreed. Council asked Gene Anderson to bring back additional information
including the reserve fund balance and the amount of any obligated monies.
A Motion to table this item was made by Council Member Brown and seconded by
Council Member Wright. Motion carried, 7 ayes — 0 nays.
14. Deliberate and possibly act on RESOLUTION NO. 2010 -116: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING, THE
SUBMISSION OF A REQUEST TO BECOME A RESERVATION SYSTEM
PARTICIPANT TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS FOR HOME FUNDS; AUTHORIZING THE EXECUTION OF ANY AND
ALL DOCUMENTS NECESSARY TO BECOME A PARTICIPANT; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
Regular Council Meeting
r' November 22 2010
Page 6
A Motion to approve this item was made by Council Member McCarthy and seconded by
Council Member Brown. Motion carried, 7 ayes — 0 nays.
15. 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, to -wit: the City Manager.
Mayor Biard recessed City Council at 7:43 p.m. for a five minute break, and then
convened Council into executive session.
16. Reconvene into open session and possibly discuss and/or act on matters discussed in
executive session.
Mayor Biard reconvened City Council into open session at 8:18 p.m. and said there was
no action to be taken.
17. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004 -081.
Council Member Rhonda Rogers said that she would like to attend the upcoming Texas
Elected Municipal Officials Convention on February 13th in Austin, Texas.
Council Member Jason Rogers reminded everyone of the Annual Christmas Banquet on
December 10tH
18. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
McCarthy and was seconded by Council Member Jason Rogers. Motion carried, 7 ayes — 0 nays.
The meeting was adjourned at 8:20 p.m.
J ICE ELLIS, CIT LERK