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
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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
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Special Council Meeting
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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.
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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.
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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.
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Special Council Meeting
December 20, 2010
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WILL BIARD, MAYOR
JANICE ELLIS, CITY CLERK
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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.
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Special Council Meeting
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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.
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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.
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Special Council Meeting
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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 ] .
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Special Council Meeting
January 13, 2011
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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
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