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07/13/2020MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS July 13, 2020 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, July 13, 2020, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Steve Clifford Council Members: Paula Portugal; Renae Stone; Derrick Hughes; and Clayton Pilgrim City Staff: Grayson Path, City Manager; Gene Anderson, Finance Director; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Kent Klinkerman, EMS Director; and Carla Easton, City Engineer Absent: Council Member: Linda Knox O enin A enda Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. Pledge of Allegiance. Council Member Portugal led the pledge. Mayor Clifford said he was informed that Brady Fisher had passed away, and that Mr. Fisher had served on several city boards. Mayor Clifford asked for a moment of silence. 4. Citizens' forum. Linda Vandiver, 540 N.E. 21 st - she said people were setting off fireworks for three days, and possession of fireworks in the city was prohibited. She said she called the police but that nothing was done. Carol Hufnagel, 720 Bunker — she said they were in business for a number of years and as employers they were not responsible for what employees did when they left work. Regular Council Meeting July 13, 2020 Page 2 Latrel Lacy, a resident of Paris - she referenced the personnel policy and said Beshirs should be fired. Christine Gray, 2895 Walnut Street — she said taxpayer money was paying for the Beshirs contract and asked that they take the right action to de-escalate racial tension. Alexis Dudley Johnson, 1340 2(P N.E. — she said it was not ok for an adult to assault a child. Wesley Martin, 1035 -22nd N.E. St. - he said this issue hit hard with the black community, and that Beshirs did not even make an apology. He said if this issue was not handled right, that rallies would continue. Kevin Heath, Greenville, Texas - he said the young man that was assaulted was terrified. Chevis High, 2625 Hubbard St. - he said as an adult and business owner, his actions show what he represents. He said there must be accountability for everyone, and the decision made would show the Nation that. He encouraged Council to end the contract. Reginald Harris, Lamar County resident — he said he hated that his tax dollars were going to Beshirs and asked that Council end the contract with Beshirs. Taisley Scoggin, W. Houston — she wanted to know why there were not consequences for Beshirs. She asked if the City contracts did not have clauses that addressed issues such as these. Daryl Franklin, 617 E. Main Street, Denison Texas — he said he had a nephew and grandchildren in Paris. He said Beshirs violated being an ambassador for the City and the contract needed to be terminated. Marcus Yates, 932 Fitzhugh — he said he spoke to Carla Easton because many citizens were concerned about their street project that had been on hold since June 17, and would appreciate whatever could be done to speed up the process. Candace Stone, 7d' & Garrett - she said she was the mother of three young black men and she was concerned for their safety. She asked the City Council to terminate the Beshirs contract. Belinda Harrison — she encouraged accountability and said they needed to bridge the gap, because it was wrong to drive around in a company truck, exit and beat up a minor. Sarah Alexander, North Main — she questioned if an adult person in your family commits a crime, does that mean the whole family gets punished. Tamesha Finney, 503 Pecan St, Honey Grove, Texas — she supported termination of the contract with Beshirs. Regular Council Meeting July 13, 2020 Page 3 Angelica, Cherry Street - she said it may not be right to hold the whole company accountable but it did not make sense that someone from the company is able to do something like that and get away with it. Brenda Cherry, 1422 Fitzhugh — she said a company was responsible for what an employee does in a company truck. She said the City of Paris was pondering whether they should continue doing business with Beshirs Construction and there should be no question. She asked the Council to vote as if it was their grandchild that was assaulted. Ruby Bell — she said if you read the book of Proverbs, you would understand right from wrong and if you vote to stand for wrong, you are wrong too. Shenita Cleveland, from Dallas County — she saw the video and it was clear that businesses should be held at a higher accountability. She said the employee represented the company and the company represented the City. Kelli Mallicote, Lamar County — she said she owned several businesses and as a business owner, you cannot control an employee once they are off duty. She said she did not personally condone the actions. Ms. Mallicote said there were multiple parties involved and it was not the business owner's fault. She also said there was a difference between an employee and a contractor. Lanae Hernandez, Paris, Texas — she said if an employee was driving a company truck, the employee was representing the City. Pastor Charles Dixon, 919 Fitzhugh Ave. — he said he was pastor of a church in Clarksville, Texas — he said he moved from Ft. Worth to avoid racial issues. He said he had been in the area for sixteen years and had seen six black men murdered and nothing was done. He said there was no justice. He also said a couple of years ago pipes were replaced on his street and the crews never came back and repaired the sidewalks. Gary Harris, George Wright Homes — he said they had just said the pledge and questioned if justice was for all. Consent Agenda Mayor Clifford 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 made by Council Member Hughes, and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 5. Approve minutes from the meetings of June 2, 2020 (corrected) and June 22, 2020. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Public Library Advisory Board (6-15-2020 & 2-19-2020) Regular Council Meeting July 13, 2020 Page 4 b. Building & Standards Commission (3-16-2020) c. Board of Adjustment (3-5-2020 & 6-18-2020) d. Paris Visitors & Convention Council Board of Directors (5-18-2020) e. Historic Preservation Commission (6-10-2020) f. Planning & Zoning Commission (6-1-2020) T Approve RESOLUTION NO. 2020-029: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A FIVE YEAR EXTENSION OF THE COX FIELD AGRICULTURAL LEASE BETWEEN THE CITY OF PARIS, TEXAS AND CAREY EATHERLY AND RYAN EATHERLY FOR APPROXIMATELY 350 TILLABLE ACRES OF LAND IN AND AROUND THE RUNWAYS AND TAXIWAYS OF COX FIELD IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE EXTENSION AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 8. Approve the Final Plat of Lot 1, Block A of the M & R Sulsar Addition, LCAD Property ID 110781 and 50113, located in the 4000 Block of Hwy 271 North. 9. Approve an amendment to the Personnel Policies and Procedures to adopt and implement a HIV/Aids workplace guideline pursuant to the term terms and conditions of the Coronavirus Relief Fund. Regular Agenda 10. Convene into Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about (1) pending or contemplated litigation and/or (2) 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, regarding Beshirs Construction. Mayor Clifford convened City Council into Executive Session at 6:20 p.m. 11. Reconvene into Open Session and possibly take action on those matters discussed in executive session. Mayor Clifford reconvened City Council into open session and said after further consultation with the city attorney regarding the City's legal position with respect to the bid awarded to Beshirs Construction on April 13, 2020, for curb/gutter, driveway, approaches and reinforced concrete sidewalk, the consensus of the Council was to direct staff to undertake no further third -party projects for curb/gutter, driveway approaches and/or reinforced concrete sidewalks from this date through March 31, 2021. Regular Council Meeting July 13, 2020 Page 5 12. Discuss and possibly approve hiring of Erin Barbee Lewis as contract prosecutor for the Municipal Court. City Attorney Stephane Harris said Chris Fitzgerald served as the municipal court prosecutor until June, and that she had reached an agreement with local attorney Erin Barbee Lewis to undertake those services. A Motion to approve the hiring of Erin Barbee Lewis as contract prosecutor was made by Council Member Pilgrim and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 13. Discuss and act on the fiscal year 2020-21 Annual Program of Work and Budgets for Love Civic Center and the Visitors & Convention Council. Executive Director Paul Allen presented the annual program of work and budgets for Love Civic Center and the Visitors & Convention Council. He covered in detail the expenses, income, new events and answered questions from City Council. A Motion to approve the annual programs of work and budgets was made by Council Member Portugal and seconded by Mayor Clifford. Motion carried, 5 ayes — 0 nays. 14. Discuss and possibly act to join with the Lamar County Chamber of Commerce and the Paris Visitors and Convention Council in their pursuit to obtain the Red Bull Championship/Qualifier for 2021, by submitting a letter of support signed by all sitting Council Members. Paul Allen said the Chamber would love to have a letter of support from the City Council to go with the Chamber's application in their pursuit of the Red Bull Championship/Qualifier. Mr. Allen also said the event would bring in 500 to 700 spectators and approximately 40 participants. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 15. Discuss and act on RESOLUTION NO. 2020-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, TERMINATING THE CABLE TOWER LEASE WITH SUDDENLINK/ALTICE ON PROPERTY OWNED BY THE CITY, TO BE CONVEYED TO AMERICAN SPIRALWELD AS PART OF THE 2018 MASTER ECONOMIC DEVELOPMENT AGREEMENT. Ms. Harris explained the second renewal term of this lease was scheduled to expire September 30, 2020, but that Suddenlink no longer wanted to be on this property and had removed the tower some time ago. She also said that Altice is not willing to renegotiate the lease, and the City has no means of compelling them to do so. She said the best option was to Regular Council Meeting July 13, 2020 Page 6 terminate the lease and to honor the City's agreement with American Spiral Weld allowing them full use of the tract. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Hughes. Motion carried, 5 ayes — 0 nays. 16. Discuss and act on RESOLUTION NO. 2020-031: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FORGIVING CERTAIN CIVIL PENALTIES ASSESS AGAINST THE PROPERTY LOCATED AT 425 19TH N.W. STREET AND 2045 PLUM STREET; FINDING A PUBLIC PURPOSE IN SUPPORT OF SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Ms. Harris explained this was another one of the properties that had changed hands and the lien was not picked up. She said David and Deneen Whitaker acquired the property in order to build a new home for sale, did build the home and the lien showed up during a title search. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 17. Discuss and act on RESOLUTION NO. 2020-032: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING MICHAEL SMITH AS THE DIRECTOR OF PUBLIC WORKS AS RECOMMENDED BY THE CITY MANAGER IN CONFORMANCE WITH SECTION 23 OF THE CITY CHARTER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Manager Grayson Path said the City received nine applications for this position and they interviewed five people. He also said he was pleased to present to them Michael "MA" Smith as his selection for the Director of Public Works. Mr. Path explained that Mr. Smith was currently the CIP Superintendent in the Public Works Department, and that he had been very impressed with Mr. Smith, both in his experience as well as his character. Mr. Path said that Mr. Smith possessed the right combination of experience, attitude, energy, professionalism and civility that he wanted to see as the leader of the Public Works Department. Mayor Clifford said he had a couple of questions of Mr. Smith and that he wanted to support Mr. Path, but learned that MA was involved in the incident where a huge hole was left without barricades on West Sherman. Mayor Clifford said it was a hazard and then asked Mr. Smith if he was personally aware that hazard existed. Mr. Smith said he was aware there was a hole but not aware that the barricades were not there. He said as soon as he found out, they immediately went to the scene and placed barricades. Mr. Smith said he would never want anyone to get hurt. Council Member Stone told Mr. Smith as a director, they would hold him accountable. Council Member Portugal said they expected him to be of great help to Mr. Path. Mr. Smith said he would do his best. Regular Council Meeting July 13, 2020 Page 7 A Motion to approve the appointment of Michael Smith as the Director of Public Works was made by Council Member Pilgrim and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 18. Discuss and act on ORDINANCE NO. 2020-024: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO MIKE VIEHE, JR. AND JUSTIN MILLER D/B/A MJ OUTDOORS, LLC FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Clerk Janice Ellis this company was a subsidiary of Servpro, which had been in business for years. She explained Servpro did clean up after water damage, and wanted to haul the waste from the sites where the company performed services. Ms. Ellis said their paperwork was in order, including their insurance. A Motion to approve this item was made by Council Member Portugal and seconded by Mayor Clifford. Motion carried, 5 ayes — 0 nays. 19. Discuss and make appointments to the existing vacancies on the following boards: Band Commission, Building & Standards Commission, Historic Preservation Commission, Library Advisory Board, Main Street Advisory Board, and Board of Adjustment. Mayor Clifford asked Ms. Ellis to go over the board vacancies and applicants for the boards. Ms. Ellis began with the Band Commission, citing one vacant position and one applicant, Byron Myrick. A Motion to appoint Byron Myrick to the Band Commission was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. With regard to the Building and Standards Commission, Ms. Ellis said there was one vacant position and two applicants, Carlton Cooper and Michael Folmar. A Motion to appoint Carlton Cooper was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. Next, Ms. Ellis reported there was one vacant position on Historic Preservation Commission and Timothy Alexander had applied for that position. A Motion to appoint Timothy Alexander to the Historic Preservation Commission was made by Council Member Pilgrim and seconded by Mayor Clifford. Motion carried, 5 ayes — 0 nays. Ms. Ellis said the Library Advisory Board had two vacant positions and Eva Dickey and Lauren Matthews had made application. A Motion to appoint Eva Dickey and Lauren Matthews to the Library Advisory Board was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. Next, Ms. Ellis said there was one vacant position on Main Street Advisory Board and two applicants, John Brazile and Tyrone Hayden. Council Member Hughes nominated Tyrone Hayden and Council Member Pilgrim nominated John Regular Council Meeting July 13, 2020 Page 8 Brazile. Mayor Clifford called for a vote on Tyrone Hayden. Mr. Hayden received four votes and was appointed to the Main Street Advisory Board. 20. Discuss applicants for City Council District Three vacancy, and schedule a special meeting to conduct interviews. Ms. Ellis said they had received two applications and they were from Casey Jordan and Gary Savage. She asked City Council if they wanted to schedule a special meeting the following week to conduct interviews or if they preferred to do so at their July 27 City Council meeting. It was a consensus of City Council to schedule the interviews for their July 27 City Council meeting. 21. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Clifford invited everyone to attend the last Municipal Concert schedule for Friday, July 17, at 8:00 p.m.at the Civic Center Pavilion. He noted they were social distancing at the concert. 22. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and was seconded by Council Member Hughes. Motion carried, 5 ayes — 0 nays. The meeting was adjourned at 8:06 p.m. W STEV C IF S C I M.D .. . _ , MAYOR