05 - COUNCIL MINUTES FROM 01/23/2017MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
January 23, 2017
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
January 23, 2017, at the City Council Chamber, 107 E. Kaufrnan, Paris, Texas.
Present: Mayor: A.J. Hashmi
Council Members: Billie Lancaster; Billy Trenado; Matt Frierson; and
Cleonne Drake
City Staff John Godwin, City Manager; Stephanie Harris, City
Attorney; Janice Ellis, City Clerk; Gene Anderson,
Finance Director; Larry Wright, Fire Chief; Randy
Tuttle Assistant Police Chief; Kent Klinkerman,
EMS Director; Doug Harris, Utilities Director; and
Jerry McDaniel, Public Works Director;
Absent: Council Members: Aaron Jenkins & Steve Clifford
Opening Agenda
Call meeting to order. q
Mayor Hashmi called the meeting to order at 5:30 p.m.
2. Invocation.
Gene Anderson gave the invocation.
3. Pledge of Allegiance. vi
Council Member Lancaster led the pledge.
4. Citizens' Forum.
Larry Schenk, 3765 Dawn Dr. — he said he worked with a group of retirees last year in an
attempt to get a COLA. Mr. Schenk said he realized he was late in that budget cycle and was
here before them early this year to ask Council to consider giving a COLA to retirees in the
upcoming budget year. He said retirees had not received a COLA in nearly ten years.
Consent Agenda
Mayor Hashmi inquired of Council Members if they wished to pull any items from the
consent agenda for discussion. There being none, a Motion to approve the consent agenda was
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January 23, 2017
Page 2
made by Council Member Frierson and seconded by Council Mayor Hashmi. Motion carried, 5
ayes — 0 nays.
5. Approve minutes from the meetings on January 9, 2017 and January 11, 2017.
6. Receive reports and /or minutes from the following boards, commissions, and committees:
a. Historic Preservation Commission (12 -14 -2016)
10. Award the bid to Liberty National Bank to serve as the city's depository beginning March
1, 2017 and ending February 28, 2019.
11. Approve RESOLUTION NO. 2017 -003: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS IN SUPPORT OF IMMEDIATE ACTION FOR
THE DEVELOPMENT AND IMPLEMENTATION OF CONSTRUCTION
IMPROVEMENTS BY THE TEXAS DEPARTMENT OF TRANSPORTATION ON
US HIGHWAY 271 BETWEEN TYLER AND PARIS, TEXAS AND POINTS
NORTH; MAKING OTHER FINDINGS AND PROVISIONS AND DECLARING AN
EFFECTIVE DATE.
12. Approve RESOLUTION NO. 2017 -004 A RESOLUTION REQUESTING THE
SHERIFF OR CONSTABLE TO RE -SELL TAX FORECLOSED PROPERTIES IN
ACCORDANCE WITH TEXAS PROPERTY TAX CODE SECTION 34.05.
13. Approve RESOLUTION NO \2017 -005: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE
EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT
WITH RESOURCE MANAGEMENT AND CONSULTING COMPANY TO
IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE
GENERAL DIRECTION OF THE TDHCA HOME PROGRAM; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
Regular Agenda
14. Discuss and act on waiving of permit and construction disposal fees for residential
renovations within the City for a period of ninety days.
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January 23, 2017
Page 3
Mayor Hashmi said at the last council meeting they decided to waive permit fees for
renovation of residences in the Pine Bluff Street area and since that time, there had been an
interest expressed from other districts in doing this. He also suggested they might want to waive
the street usage fees for those disposing of the old material being taken from the house. Council
Member Drake confirmed this would be for a period of ninety days. City Attorney Stephanie
Harris interjected she began researching this issue but had not completed it. Mayor Hashmi said
they could begin the program at a later date giving Ms. Harris time to complete the research. He
said in the meantime if the City Attorney determines they cannot legally do this, then it would
not be started. Council Member Frierson expressed concern about impact on the budget from
waiving fees. Mayor Hashmi said when he spoke to Mr. Godwin that he was under the
impression that it would not be enough to have an effect on the budget. Council Member
Trenado said if it was legal that he wanted to help the people, as did Council Member Lancaster.
If legal, A Motion to authorize the City to waive permit fees for residential renovations
and associated street usage fees for disposal beginning February 15 was made by Mayor Hashmi
and seconded by Council Member Lancaster. Motion carried, 5 ayes — 0 nays.
15. Discuss drainage issue located at 3915 Shannon Drive, and provide direction to city staff.
Mayor Hashmi explained this item was previously discussed and at that time the City
Attorney was consulted as to whether or not the City could work on this drainage problem on
private property. He explained they were constantly having issues partly because the house built
next to it was at a higher level, which was approved at that time. Mayor Hashmi asked the City
Attorney for her opinion. City Attorney Stephanie Harris said after receiving more information
about the proposed work and confirming that doing so was in violation of what the Texas
Constitution specifically says under Article 3, Section 52(a) which states in part "the Legislature
shall have no power to authorize any county, city, town or other political subdivision of the State
to lend its credit or to grant public money or thing of value in aid of, or to any individual..."
Based on her research, Ms. Harris said it was her opinion it was not something legal the City
could undertake. Mayor Hashmi said there was some question about another property owner
benefitting and inquired if that applied. Ms. Harris said the information she received was one or
two property owners would benefit and that she did not see a legal avenue to do this work.
Mayor Hashmi asked Mr. Godwin for his opinion and Mr. Godwin said based on the City
Attorney's legal opinion he did not believe there was anything the City could do.
16. Discuss and act on ORDINANCE NO. 2015 -005: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 5,
"ANIMALS AND FOWL" SECTION 5 -1 "DEFINITIONS," AND SECTION 5 -3
"ANIMAL CONTROL," OF THE CITY OF PARIS, TEXAS TO ESTABLISH
`TEMPORARY' OWNERSHIP ALLOWING VACCINATION OF SHELTER
ANIMALS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
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January 23, 2017
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Assistant Police Chief Tuttle explained the Lamar County Humane Association had
received private funding for administering kennel cough vaccinations for dogs brought into the
shelter. He further explained they could not legally administer the vaccination without amending
the ordinance to allow for temporary ownership.
A Motion to approve this item was made by Council Member Drake and seconded by
Council Member Trenado. Motion carried, 5 ayes — 0 nays.
17. Discuss sanitation holiday collection, and provide direction to staff.
City Manager John Godwin said at the City Council meeting of January 9, they discussed
making changes to the collection schedule related to holidays and that there were several options.
Following discussion, Mr. Godwin recommended using Wednesday and /or Saturday as a catch-
up day, so that holidays would be shifted forward one day.
A Motion to follow Mr. Godwin's recommendation was made by Council Member Drake
and seconded by Council Member Lancaster. Motion carried, 5 ayes — 0 nays.
18. Convene into Executive Session pursuant to:
A. 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 her client under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflict with this chapter, as follows: Cause No 86108, New Cingular
Wireless PCS, LLC d/b /a AT &T Mobility v. City of Paris, et al, 62"d Judicial
District Court, Lamar County, Texas.
B. Section 551.087 of the Texas Government Code, (1) to discuss or deliberate
regarding commercial or financial information that the governmental body has
received from a business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental body and with
which the governmental body is conducting economic development negotiations;
or (2) to deliberate the offer of a financial or other incentive to a business prospect
described by Subdivision (1), as follows:
• Prospect Sun Bird
• Prospect Whittle Stick
• Prospect Iron Rod
Mayor Hashmi convened City Council into executive session at 5:54 p.m.
19. Reconvene into Open Session and possibly take action on those matters discussed in
Executive Session.
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January 23, 2017
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Mayor Hashmi reconvened City Council into open session at 6:17 p.m. He said the City
Attorney advised the Council on the pending lawsuit and they would follow the advice of the
City Attorney. Mayor Hashmi also said the PEDC Director Michael Paris gave them an update
on economic development prospects and more information would follow should those come to
fruition.
20. Consider and approve future events for City Council and /or City Staff pursuant to
Resolution No. 2004 -081.
Mayor Hashmi asked Mr. Godwin to gather information about an incubator without the
use of public funds.
21. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Frierson and was seconded by Council Member Drake. Motion carried, 5 ayes — 0 nays. The
meeting was adjourned at 6:18 p.m.
A J. HASHMI, M.D., MAYOR
JANICE ELLIS, CITY CLERK