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05-Council minutes from 11/15/10 and 11/22/10CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 12/O1/2010 Council Date: 12/13/2010 Originating Department: City Clerk Presented By: Janice Ellis Agenda Item No.: 5• RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meetings of November 15, 2010 and November 22, 2010. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meetings ACTION: BUDGET INFO: ❑ Financial Report Z Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fite ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Wotks ❑ Utilities City of Paris 1 Revised 2/04/08 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 8th 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. 2 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. Adj ournment. 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. WILL BIARD, MAYOR JANICE ELLIS, CITY CLERK 3 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. 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; Janice Ellis, City C1erk; Bob Hundley, Chief of Police; and Steve McFadden, Interim Public Works Director Opening A2enda 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 13`h 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. 6th 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. 4 Regular Council Meeting 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 praclamation 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 l, 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. ReEUlar Asenda 10. Public hearing, hear and deliberate proposals received for landfill services and residential collection services. Traffic and Sanitations 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 eity 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, 5 Regular Council Meeting November 22, 2010 Page 3 fleet graphics and lettering, traffie 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 set-vices, 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 ta work together to establish a place where all citizens could duinp 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`h 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. Mayar Biard said that there was going to be a recycling component. Jesse James Freelen, 1] 5-45" S.W. - he expressed concern about the containers, because he had heard fram 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 Gouncil 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 ihe 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 funds would come from to pay for those services. s Regular Council Meeting 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, $45-42°d 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 13`h 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 Gouncil Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays. Council Member Rhonda Rogers inquired if the revenue would go back to the Fire Deparhnent. Kevin Carruth answered in the affirmative. Subject to an encumbered fiund being established for the Fire Deparhnent 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. 2010-1 ] 5: 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 COLINCIL 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. Counci] 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. IVlotion 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 PAR1S, TEXAS, AUTHORIZING THE SUBMISSION OF A REQUEST TO BECOIVIE 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. 8 Regular Council Meeting 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 ininute 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 13 `h in Austin, Texas. Council Member Jason Rogers reminded everyone of the Annual Christmas Banquet on December 10`h. 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. Mation carried, 7 ayes - 0 nays. The meeting was adjourned at 8:20 p.m. WILL BIARD, MAYOR JANICE ELLIS, CITY CLERK 19