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05 - City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 8, 2021 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 8, 2021, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Steven Clifford Council Members: Paula Portugal; Renae Stone; Gary Savage; Reginald Hughes; Linda Knox; and Clayton Pilgrim City Staff: Grayson Path, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson; Finance Director; Thomas McMonigle, Fire Chief; Randy Tuttle, Interim Police Chief; Russell Thrasher, Interim EMS Director; M.A. Smith, Public Works Director; Doug Harris, Utilities Director; Clyde Crews, Fire Marshal; and Sandy Collard, HR Director Opening Agenda 1. Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Portugal led the pledge. 4. Citizens' forum. Latrell Lacey - W. Houston Street — she said she knew the White Unity Rally was going to be held outside the city but wandered if anyone knew whose property it would take place. She said there needed to be an investigation into the location. Grayson Path, City Manager — he said the White Unity Rally was outside of the jurisdiction of the City, but that it was still under investigation. Taisley Scoggins - W. Houston Street — she said she was concerned about the KKK conference and putting out a resolution wasn't enough, and if they wanted to resolve it there needed to be a deeper look into racism. Regular Council Meeting February 8, 2021 Page 2 Tyleshia Ross of Special Health Resource Clinic (3150 Clarksville), Mahir Pankaj, Jacqueline of Signature ER and Shamika of SLC Solutions - spoke about the healthcare facility that treats the underserved. Ms. Ross reported that they were planning a community health fair on April 30 outside the Love Civic Center to unify the medical community. Mihir Pankaj, 3055 Oak Creek, said health care was something that everyone deserved. He said this was a great program sponsored by United Way. 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 Savage and seconded by Council Member Hughes. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting on January 25, 2021. 6. Receive reports and/or minutes from the following boards and commissions: a. Building & Standards Commission (11-16-2020) b. Planning & Zoning Commission (1-4-2021) c. Airport Advisory Board (10-22-2020) d. Library Advisory Board (12-16-2020) 7. Approve closeout of the 17a' Street Improvements Construction Project, accept public improvements, release retainage, and authorize final payment to Pavecon Public Works, LP, Inc. in the amount of $105,587.67. 8. Approve Amendment #1 to the Professional Engineering Services Agreement with Garver to allow for dividing the design/bidding between Phase I and Phase II; and authorize the City Manager to execute all necessary documents. 9. Approve a Professional Service Agreement with WRA Architects, Inc., in the amount of $13,000.00 for pre -design services for the Love Civic Center Restoration Project work; and authorize the City Manager to execute all necessary documents. 10. Approve Agreement with Texas Water Development Board and the City of Paris for receipt of grant funds for the purpose of purchasing property located at 2597 Clark Lane (in the 100 -year floodplain), in the amount of $189,500.00, and authorize the city Manager to execute all necessary documents. 11. Approve Change Order No. One to a contract with Bernal Commercial Construction, increasing the contract amount by $3,333.33 on the 645 Johnson Woods Drive Channel Bank Stabilization Project. Regular Council Meeting February 8, 2021 Page 3 12. Approve Amendment No. Two to the Agreement with Gary and Rebecca Nash to increase the City's portion of cost sharing from $33,000.00 to $34,666.67 for improvements necessary to replace a failed retaining wall along Johnson Woods Creek and adjacent to their property.. Re alar Agenda Prior to moving to the first item on the regular agenda, a Motion to move item 15 up on the agenda was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 7 ayes — 0 nays. 15. Discuss and approve the confirmation of the City Manager's appointment of Richard Salter as Chief of Police, pursuant to Texas Local Government Code 143.013(a)(1). City Manager Grayson Path explained the interview process by which Richard Salter was selected, which included written essays, in-person interview with visiting Chief of Police panel, a Zoom interview and community panel interview. Based on the right combination of potential, experience, attitude, energy, professionalism and civility that he wanted to see in a leader of the Police Department, he asked that City Council confirm his appointment of Richard Salter as the Chief of Police for Paris. Council Member Stone said she had to watch the interview twice after getting phone calls about one of the things that Mr. Salter said. Council Member Stone said Mr. Salter had her support and said anytime the police wanted to work with kids, to please come to her. Mr. Salter said his background consisted of 34 years with the State, Federal and local levels of law enforcement. He also said the bottom line was he loved his job, that it was his passion. He said he was too old for DEA and retired January 15, but that he was too young to retire. Council Member Hughes expressed appreciation to Mr. Path for all of his efforts. He said he too would support Mr. Path's choice of Richard Salter. He also said he had to look at the interview again and referenced the mentorship program that Mr. Salter talked about during his interview. He inquired if Mr. Salter was familiar with the Boys and Girls Club. Mr. Salter said he was familiar with the program, and that he had been in a Boys and Girls Club. Mr. Salter also said bringing in mentors was important and community engagement was the key. Council Member Savage said he trusted Mr. Path's opinion but Mr. Path had not been in Paris long. He expressed concern about Mr. Salter's emphasis on drug enforcement during the interview process, and said that hit him wrong. He said he did not see the community relation side and he hoped he was wrong. Council Member Savage said he hopes Mr. Salter comes in and the officers love him and the community embraces and loves him. Council Member Savage told Mr. Salter he wanted to work with him to bridge the gap. Mr. Salter said he appreciated Council Member Savage's comments and he hoped there would be a constant dialog. Mr. Salter Regular Council Meeting February 8, 2021 Page 4 also said he was going to listen to the community, because you could not solve a problem unless you could identify the problem. Council Member Portugal told Mr. Salter he was her first choice and hoped that he would not have a problem ridding the department of anyone that did not need to be there. Mr. Salter said he would not have a problem doing that. Council Member Knox commended City Manager Grayson Path for the process he conducted and allowing the community an opportunity to give input about the City's next police chief. Ms. Knox also said that does not normally happen. Mr. Salter said he hopes that they can effectuate change and he appreciated comments from the City Council. Council Member Pilgrim said he really appreciated the format and hard work that went into the interview process. He also thanked Mr. Salter for applying and said he hoped and prayed that Mr. Salter could lead the community forward. Council Member Pilgrim told Mr. Salter he was his number one pick. Mayor Clifford thanked the Council and said he agreed with almost everything that was said. He expressed his appreciation to Mr. Path for the process, especially allowing for citizen comment. Mayor Clifford said he supported Mr. Salter. Council Member Hughes expressed appreciation to Chief Tuttle for serving as interim chief during this time, as did the other Council Members. A Motion to confirm the City Manager's appointment of Richard Salter as Chief of Police was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 7 ayes — 0 nays. 13. Consider and take action on RESOLUTION NO. 2021-005: A RESOLUTION DIRECTING THAT NOTICE OF INTENT TO ISSUE CERTIFICATE OF OBLIGATION TO FINANCE CONSTRUCTION OF A WASTE WATER TREATMENT PLANT BE POSTED TO THE CITY WEBSITE AND PUBLISHED IN A NEWSPAPER CIRCULATED WITHIN THE CITY, AND APPROVING ALL MATTERS PERTAINING THERETO. Mark McLiney of SAMCO Capital, said today was the first day that City Council could take legal action, and this was a long and thorough process. He said this resolution directs city staff to post and publish the notice of intention to sell certificates of obligation and they can proceed with issuance at their April 12 City Council meeting, if they do not get any petitions. Mr. McLiney said once they take action on April 12, there was no turning back. Council Member Portugal said the presentation previously given to the City Council was excellent. A Motion to adopt a resolution directing that notice of intent to issue Certificates of Obligation to finance construction of a waste water treatment plant be posted to the City website and published in a newspaper, and approving all other matters pertaining thereto was made by Regular Council Meeting February 8, 2021 Page 5 Council Member Portugal and seconded by Council Members Knox and Pilgrim. Motion carried, 7 ayes — 0 nays. 14. Discuss and act on ORDINANCE NO. 2021-002: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 34-23(a), "SEWER RATES — FOR CUSTOMERS USING CITY WATER," OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO REFLECT CHANGES RECOMMENDED BY THE CITY'S RATE CONSULTANT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson said at the last meeting staff provided three different rate increase options that would be capable of funding the debt that will be issued to cover Phase 1 and Phase 2 costs of design and construction of the new wastewater plant. Mr. Anderson also said the City Council directed staff to bring back an ordinance reflecting option three, which reflected increases in sewer rates over time. He said if approved, the ordinance would go into effect April 1, 2021. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Hughes. Motion carried, 7 ayes — 0 nays. 16. Discuss and appoint one member to the Traffic Commission and one member to the Library Advisory Board. City Clerk Janice Ellis said when they filled boards in the summer, they had one remaining vacant position on the Traffic Commission and that recently Carol James resigned from the Library Advisory Board. Ms. Ellis said staff advertised for these vacant positions and received one application for each board. She also said both of the applicants were qualified and recommended appointment of both applicants. Council Member Savage inquired about the advertising of the vacancies. Ms. Ellis said staff sent an advertisement of the vacancies to the Paris News and social media outlets. A Motion to appoint Lloyd Fry to the Traffic Commission and Myers Hurt to the Library Advisory Board was made by Mayor Clifford and seconded by Council Members Hughes and Portugal. Motion carried, 7 ayes — 0 nays. 17. Discuss and act on RESOLUTION NO. 2021-006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS WITH RESPECT TO PLANNED CHURCH OF THE KU KLUX KLAN WHITE UNITY CONFERENCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Attorney Stephane Harris said City officials had learned there was a group calling itself Church of the KKK which had planned a white unity conference for October. She said the online advertisement states that it is to be held in Paris Texas. She said Mayor Clifford had Regular Council Meeting February 8, 2021 Page 6 asked that she draft a resolution for Council consideration and possible adoption. Ms. Harris also said the conference was going to be outside the city limits, and the resolution reflects the City Council condemns the use of the name Paris, Texas in their promotional materials and requests the organizers remove same from their materials. Council Member Savage inquired if they could prohibit the conference from taking place. Ms. Harris said they could not prohibit a rally from taking place but if there was a problem at the rally, the appropriate jurisdiction would address it. Council Member Pilgrim asked about including all of the hate groups because they did not want any in Paris. Ms. Harris said they could do that, but the City Council was responding to this one before them. Council Member Pilgrim said he was happy to vote in favor of this, and he would like to see one in the future that addresses all hate groups. Council Member Savage said they needed to address this one now, and as a City they needed to stay on top of it. Council Member Hughes said it was important that the City Council be one voice. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 18. Receive presentation, discuss and provide direction to staff regarding the Property Assessed Clean Energy (PACE) Act and Paris Lakes. Ms. Harris explained that PACE financing was an alternative to traditional financing for energy efficiency, water conservation and renewable energy projects for privately -owned commercial and industrial properties. She said under PACE, commercial and industrial property owners could obtain low-cost, long-term financing. Ms. Harris also said the financing was secured by an assessment on the property that was secured by a senior priority lien on the property that runs with the property and could not be extinguished by a foreclosure of a mortgage or a property tax lien. She said it was designed to be risk and cost-free for the local government. Ms. Harris reported that the PACE Program could be administered by the local government itself, by implementing a program jointly with another local government, or by contract with a third -party administrator. She outlined the financing and project completion phase. Ms. Harris said that the City had been approached by representatives of Paris Lake developers about establishing a PACE program. Next, Ms. Harris said they had three options, which were creation of a pilot PACE financing program for the Paris Lakes Project and then assess if the City wanted to expand the program or decline to participate in the future, create a wider PACE financing program that would include other geographic areas or decline to participate in the PACE financing program. Mayor Clifford said he was in favor of doing a pilot project but would like to see it extended for other businesses, as did Council Member Pilgrim. Ms. Harris suggested to start with a pilot program. Council Member Knox wanted to know if this could be combined with other economic development incentives, and Ms. Harris said they could not be combined. Council Member Knox inquired about a timeline before they could make a decision to expand the program. Ms. Harris said her best guess would be a couple of months. Council Member Portugal said she was excited about energy saving steps taking place in Paris Regular Council Meeting February 8, 2021 Page 7 It was a consensus of City Council to move forward with a pilot project, and to have Ms. Harris bring something back to the City Council for consideration. 19. Convene into executive session pursuant to: A. 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: First National Bank Building and associated properties. B. Section 551.072 of the Texas Government Code, to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Mayor Clifford convened City Council into executive session at 6:54 p.m. 20. Reconvene into open session and, possibly take action on those matters discussed in executive session. Mayor Clifford reconvened City Council into open session at 7:38 p.m. and said City Council discussed First National Bank and possible economic development incentives. Mayor Clifford said no action was taken. 21. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 18. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:38 p.m. STEVEN J. CLIFFORD, M.D., MAYOR JANICE ELLIS, CITY CLERK