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06-COUNCIL MINUTES FROM MEETINGS OF 12/20/10 AND 01/10/11CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: O1/14/2011 Council Date: O 1 /24/2011 Originating Department: City Clerk Presented By: Janice Ellis Agenda Item No.: 6. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meetings of December 20, 2010 and January 10, 2011. 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 yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 _ , ~ MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS December 20, 2010 The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday, December ZO 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 Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Gene Anderson Finance Director; Doug Harris, Public Utilities Director; Priscilla McAnally, Library Director; and Steve McMadden, Interim Public Works Director Call meeting to order. Mayor Biard called the meeting to order at 5:34 p.m. A Motion to move items 8, 9, 10, 11, and 12 forward was made by Council Member McCarthy and seconded by Council Member Jason Rogers. Motion carried, 7 ayes - 0 nays. 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 ofticer or employee, to-wit: the City Manager. Mayor Biard convened City Council into executive session at 5:35 p.m. 9. Reconvene into open session to possibly deliberate and/or act on those matters discussed in Executive Session. Mayor Biard convened City Council into open session at 5:45 p.m. and moved to item 10. 10. Deliberate and possibly act on RESOLUTION NO. 2010-131: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAR1S, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF SEPARATTON AGREEMENT BETWEEN CITY MANAGER KEVIN CARRUTH AND THE CITY OF PARIS TERMINATING HIS POSITION AS C1TY MANAGER; MAKING OTHER FINDINGS AND ~ Special Council Meeting December 20, 2010 Page 2 PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Mayor Biard and seconded by Council Member McCarthy. Motion carried, 4 ayes - 3 nays, with Council Members Edwin Pickle, John Wright and Rhonda Rogers casting the dissenting votes. 11. Deliberate and act on a request for the resignation of the City Manager. Mayor Biard said there was no action to be taken on this item, because an agreement had been reached. 12. Deliberate and possibly act on a Resolution 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 terminating his employrnent agreement with the Gity of Paris, Texas and designating a qualified person to serve in the capacity of Interim City Manager. Due to an agreement being reached, action was not needed on this item with the exception of designating an lnterim City Manager. Deliberate and act on RESOLUTION NO. 2010-132: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DESIGNATING A QUALIFIED PERSON TO SERVE IN THE CAPACITY OF INTERIM C1TY MANAGER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to designate Gene Anderson as lnterim City Manager effective January 1, 2011 was made by Mayor Biard and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. Mayor Biard moved to item 2. 2. Deliberate and possibly act on RESOLUTION NO. 2010-126: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING A CONTRACT FOR THE GENERAL CONSTRUCTION WORK ON THE PERISTYLE RENOVATION AND RESTORATION PROJECT TO SPANN CONCRETE CONSTRUCTION, LLC, FOR THE REPAIR AND RENOVATION OF THE BYWATERS PARK PERISTYLE 1N PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISONS 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. ~ Special Council Meeting December 20, 2010 Page 3 3. Deliberate and possibly act on RESOLUTION NO. 2010-127: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING A CONTRACT FOR STONE WORK TO BRYCO - BRYANT COMPANY, FOR THE REPAIR AND RENOVATION OF THE BYWATERS PARK PERISTYLE IN PARIS, TEXAS; 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 Brown. Motion carried, 7 ayes - 0 nays. 4. Deliberate and possibly act on RESOLUTION NO. 2010-128: A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF PARIS, TEXAS, TERMINATING THE MONTH-TO-MONTH LANDFILL SERVICES AGREEMENT WITH WASTE MANAGEMENT EFFECTIVE 11:59 P.M. ON DECEMBER 31, 2010; AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; 1VIAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Brown said they had been operating on an expired contract, and had been operating on a month-to-month basis. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 4 ayes - 3 nays, with Council Member McCarthy, Council Member Jason Rogers, and Council Member Rhonda Rogers casting the dissenting votes. 5. Deliberate and possibly act on RESOLUTION NO. 2010-129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING A MONTH- TO-MONTH CONTRACT FOR LANDFILL SERVICES AND RELATED WASTE SERVICES TO SANITATION SOLUTIONS; AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; 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 Wright. Mayor Biard asked if there was any discussion. Council Member Jason Rogers said that he was not comfortable voting on this item at the last meeting, because he felt Council needed more time to review and evaluate the proposals prior to making a decision. Council Member Brown said he was in favar of paying Sanitation Solutions $5.40 per cubic yard as opposed to paying Waste Management $10.49 per cubic yard. He said by doing so, it would save the citizens and the City of Paris money. ~ Special Council Meeting December 20, 2010 Page 4 A Motion to award Sanitation Solutions a month-to-month contract was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 6 ayes - 1 nay, with Council Member Rhonda Rogers casting the dissenting vote. 6. Deliberate and possibly act on a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A PROPOSAL FOR REDISTRICTING SERVICES WITH GUINN & MORRISON FOR REDISTRICTING ANALYSIS IN ACCORDANCE WITH 2010 CENSUS DATA 1S5UED BY THE UNITED STATES CENSUS BUREAU AND STATE AND FEDERAL LAW AND SECTION 8 OF THE CITY CHARTER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Wright said he spoke with Judge Superville and learned that the County had contracted with Allison and Bass in the amount of $10,000 for services related to redistricting. Council Member Wright said he was under the impression that Allison and Bass would do something similar for the City of Paris. Several Council Members expressed a desire to review services that could be provided by Allison and Bass, as well as the related cost. Mayor Biard said that he would contact Judge Superville. A Motion to table this item was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 7. Deliberate and possibly act on RESOLUTION NO. 2010-130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF TWO AGREEMENTS FOR PROFESSIONAL SERVICES WITH HAYTER ENGINEERING, iNC. FOR ENGINEERING SERVICES REGARDING THE PREPARATION OF EMERGENCY ACTION PLANS FOR LAKE CROOK AND LAKE GIBBONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTNE DATE. Public Utilities Directar Doug Harris told City Council that TCEQ Dam Safety Program requires the City of Paris to submit Emergency Action Plans far the event or threat of a dam emergency. Mr. Harris said that Hayter Engineering, Inc. anticipates eleven months to complete the Emergency Action Plans. He also said the fee for Lake Crook was $37,300 and the fee for Lake Gibbons was $18,700. A Motion to approve this item was made by Council Member Rhonda Rogers and seconded by Council Member Jason Rogers. Motion carried, 7 ayes - 0 nays. 13. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 5:58 p.m. ~ Special Council Meeting December 20, 2010 Page 5 WILL BIARD, MAYOR JANICE ELLIS, CITY CLERK ~ MINIJTES OF THE SPECIAL C1TY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS January 13, 2011 The City Council of the City of Paris met for a special session at 5:30 p.m. on Thursday, January 13, 2011, 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 Staf£ Gene Anderson, Interim City Manager/Finance Director; Kent Mcllyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Priscilla McAnally, Library Director; and Steve McFadden, Interim Public Works Director Openini! Aaenda 1. Call meeting to order. Mayor Biard called the meeting to order at 5:30 p.m. 2. Invocation. Reverend James Price gave the invocation. 3. Pledge of Allegiance. Council Member Rhonda Pickle led the pledge. 4. Citizens' forum. Robert Brunson, 2598 Clark Lane - he spoke in opposition of privatization of residential trash. Paul Prentice, 3810 Sage Trail - he said that Bowie County had contracted with Waste Management and did not have good results. He asked Council to proceed with caution on the privatization of trash services. Reverend James Price, 1230 Shiloh - he invited everyone to the Martin Luther King Day Parade on Saturday, January 15`h beginning at 11:00 a.m. . . . ~ Special Council Meeting lanuary 13, 2011 Page 2 Bruce Carr, 545-42"d Street S.E. - he spoke in support of privatizing residential trash services, citing it was an opportunity to sell the equipment for a substantial ainount of money. He also said it was an opportunity to reduce expenses and would be a savings for the community. Mary Ferguson, 725 Jackson Street - she spoke in opposition of residential trash privatization. Consent Agenda Mayor Biard inquired of Council Members if they wished to pull any items from the Consent Agenda far discussion. Mayor Biard pulled the minutes from the December 20, 2010 council meeting, because they were not included in the agenda packet. A Motion to approve the Consent Agenda was made by Council Member McCarthy 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. 5. Deliberate and act on the approval of minutes from the meeting on December 13, 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Historic Preservation Commission minutes (11-22-2010) b. Planning and Zoning Commission minutes (10-4-2010; 12-6-2010) 7. Deliberate on November monthly financial report. 8. Deliberate and possibly act on RESOLUTION NO. 2011-001: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AFFIRMING THAT THE CITY OF PARIS HAS COMPLIED WITH THE REQUIREMENTS OF THE PUBLIC FUNDS INVESTMENT ACT; AMENDING THE CITY'S INVESTMENT POLICY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Rep-ular Agenda 9. Deliberate and possibly act on RESOLUTION NO. 2011-002: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING A DONATION AND MAINTENANCE AGREEMENT WITH LOUISE W. HAGOOD FOR THE INSTALLATION OF A VERDIN CLOCK AT THE SOUTHEAST CORNER OF THE DOWNTOWN PLAZA; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTNE DATE. 10 Special Council Meeting lanuary 13, 2011 Page 3 Council Member Rhonda Rogers referred to page four of the agreement and said that she did not think that Mrs. Hagood should have to pay for any pennit fees, since she was donating the clock. Subject to deletion of payment for permit fees, a Motion to approve the agreement was made by Council Member Rhonda Rogers and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 10. Deliberate and possibly act on a RESOLUTI4N OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING A PROPOSAL FOR THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AN OUTSIDE CONSULTANT FOR REDISTRICTING ANALYSIS AND SERVTCES IN ACCORDANCE WITH 2010 CENSUS DATE ISSUED BY THE UNITED STATES CENSUS BUREAU AND STATE AND FEDERAL LAW AND SECTION 8 OF THE CITY CHARTER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTNE DATE. Mayor Biard said that he did speak with Judge Superville, as well as Allison and Bass. Mayor Biard also said that the City could join in with the County for services to be provided by Allison and Bass. Council Member McCarthy said his recollection of the last redistricting process was that staff had probleins with Allison and Bass. Council Member Rhonda Rogers said that she had spoken with Dr. Anglin, who expressed that they select a firm that will correctly perform the needed services. Council Member Rhonda Rogers stated that PJC and PISD were fine with contracting with Gwinn and Morrison. Council Member Wright said his view differed, in that the County was bigger and if they used the same firm it would decrease the City's costs. Council Member McCarthy said the last time Allison and Bass rendered services to the City, that the legal department ultimately ended up doing most of the work that was to be completed by the firm. He said that he would like more research with regard to the last redistricting process performed on behalf of the City. Council Member Brown said he would like research done on both firms. It was a consensus of the City Council to bring this item back for consideration at the first meeting in March. 11. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER THE HUMAN RESOURCES POSITION TO THE FINANCE/PERSONNEL DEPARTMENT; TRANSFER UNENCUMBERED APPROPRIATION BALANCES FROM THE CITY MANAGER DEPARTMENT TO THE FINANCE/PERSONNEL DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Biard said that he had asked Gene Anderson to bring this forward, because it was discussed during the budget process. 11 Special Council Meeting January 13, 2011 Page 4 Gene Anderson explained that the communications officer position requested by the City Manager did not receive Council support, but instead it was proposed that a full-time human resources position be created. Mr. Anderson said this position would replace the part-time position now occupied by Melba Harris, who retired December 31, 2010. Council Members Jason Rogers, John Wright, Steve Brown and Rhonda Rogers expressed they did not think the Human Resources Director should report to the Finance Director, but that he or she should report directly to the City Manager. Council Member Pickle said he did not have a problem with the Human Resources Director reporting to the Finance Director. 1t was a consensus of the City Council that the Human Resources Director report to the City Manager. No action was necessary, because the position was already budgeted in the City Manager's budget. Council Member Jason Rogers said he would like to review the job description for the HR Directar and Public Works Director. Mr. Anderson said he would e-mail the job descriptions to the Council. 12. 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 pending or contemplated litigation and/or on matters in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. Mayor Biard recessed City Council at 6:23 p.m. for a brief break and then convened Council into Executive Session at 6:29 p.m. 13. Reconvene into open session. Mayor Biard convened City Council into open session at 6:54 p.m. 14. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS FINDING THAT PUBLIC NECESSITY AND CONVENIENCE REQUIRE THE CITY COUNCIL TO GRANT A PRIVILEGE TO USE THE CITY STREETS, HIGHWAYS, ALLEYS AND THROUGHFARES TO COLLECT AND TRANSPORT SOLID WASTE FROM RESIDENTIAL ACCOUNTS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; AWARDING A CONTRACT FOR THE COLLECTION AND TRANSPORTATION OF SOLID WASTE FOR RESIDENTIAL ACCOUNTS IN THE CITY; ESTABLISHING A STREET USE FEE; AUTHORIZING THE CITY MANAGE TO NEGOTIATE AND PREPARE ALL NECESSARY DOCUMENTS TO EFFECTUATE THIS ORDINANCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. There was no action taken on this item, pending the Gity Clerk's certification of the initiative petition filed on January 5, 2011. 15. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-08 ] . 12 Special Council Meeting January 13, 2011 Page 5 Main Street Coordinator Cheri Bedford invited everyone to the Hagood clock dedication scheduled for Sunday, January 30, 2011 at 2:00 p.m. at the downtown fountain. Council Member Rhonda Rogers said she would like to attend the Texas Municipal Legal Elected Conference in February and it was a consensus of City Council for her to do so. 16. 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 7:55 p.m. WILL BIARD, MAYOR JANICE ELLIS, CITY CLERK . , 13