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06-COUNCIL MINUTES FROM JANUARY 21, 2011CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 02/04/2011 Council Date: 02/ 14/2011 Originating Department: City Clerk Presented By: Janice Ellis A.genda Item No.: 6. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of January 24, 2011. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting ACTION: BUDGET INFO: ❑ Financial Report Z Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance - y'I'D Actual $ I Public Hearing ❑ Other F Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Cletk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 3 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXA5 January 24, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, January 24, 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 Staff: Gene Anderson, lnterim City ManagerlFinance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Priscilla McAnally, Library Director; Ronnie Grooms, Fire Chief; and Steve McFadden, Interim Public Works Director OpeninS A2enda 1. Call meeting to order. Mayor Biard called the meeting to order at 5:32 p.m. 2. Invocation. Pastor Van Lazaroff gave the invocation. 3. Pledge of Allegiance. Council Member McCarthy led the pledge. 4. Citizens' forum. Matthew Draeger - on behalf of Operation Preparing and Responding to Emergencies for the Public, he asked that items to be donated at the citywide drop off site at Cici's on March 10 from 5:00 p.m. to 9:00 p.m. Zachary Delagarza - on behalf of students from F.I.S.D., he and two other students spoke about Project Paris (Preserving Our Ancestory by Researching our lrreplaceable Structures). 4 Regular Council Meeting lanuary 24, 2011 Page 2 Bi11y Be11, 2054 Cleveland Street - he opposed any change in term limits for City Council. He said that the Council should 1et the citizens know how much money it will save to privatize residential sanitation services. 5. Public Announcements. a. Proclamation declaring January as Crime Stoppers Month and 2011 as Lamar County Crime Stoppers Silver Anniversary. Mayor Biard read the proclamation declaring January as Crime Stoppers Month and 2011 as Lamar County Crime Stoppers Silver Anniversary. 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 Rhonda Rogers and seconded by Council Meinber Brown. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 6, 7, 8& 9. 6. Deliberate and act on the approval of minutes from the meetings on December 20, 2010 and January 10, 2011. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation minutes (12-14-2010) 8. Deliberate on December monthly financial report. 9. Deliberate on drainage ditch maintenance report. Re2ular Agenda A Motion to move items 19 and 20 forward was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 19. Convene into Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice about pending or contemplated litigation and/or on matters in which the duty of an attorney to his client under the Texas Diseiplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. Mayor Biard recessed City Council into Executive Session at 5:43 p.m. 5 Regular Council Meeting lanuary 24, 2011 Page 3 20. Reconvene into open session. Mayor Biard convened Gity Council into open session at 6:03 p.m. A Motion to item 14 forward was made by Council Member Rhonda Rogers and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 14. Deliberate and act on RESOLUTION NO. 201l-005: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID FOR CITY DEPOSITORY FOR THE PERIOD BEGINNING MARCH 1, 2011 AND ENDING FEBRUARY 8, 2013; AUTHORIZING THE EXECUTION OF A CONTRACT UPON THE TERMS AND CONDITIONS SET OUT IN THE INSTITUTION'S BID; 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. 10. Deliberate and possibly act on ORDINANCE NO. 2011-001: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SEC. 26-1 COMPOSITION OF DEPARTMENT, OF CHAPTER 26, POLICE, OF THE CITY OF PARIS CODE OF ORDINANCES BY REVISING SECTION 26-1 OF SAID CODE TO AUTHORIZE THE STAFFtNG LEVELS OF THE POLICE DEPARTMENT; PROVIDING A REPEALERS CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays. As explained in Chief Hundley's information sheet, this will change the staffing position of the Police Department from 11 to 9 sergeant positions and from 42 to 44 police officers. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Jason Rogers. Motion carried, 7 ayes - 0 nays. 11. Deliberate and possibly act on RESOLUTION NO. 2011-003: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PAR1S, TEXAS, TO BE HELD ON THE SECOND SATURDAY IN MAY 2011, SAME BEING THE 14T" DAY OF MAY 2011, FOR THE PURPOSE OF ELECTING MEMBERS OF THE PARIS CITY COUNCIL IN DISTRICTS 4, 5& 7 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AND DECLARING AN EFFECTIVE DATE. 6 Regular Council Meeting January 24, 2011 Page 4 A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. 12. Deliberate and act on RESOLUTION NO. 2011-004: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF A CONTRACT BETWEEN THE GITY OF PARIS AND THE LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE, SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE GENERAL ELECTION FOR MAY 14, 2011, FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. As explained in the City Clerk's information sheet, the estimated cost for the general election is $8,717.38. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 13. Receive and deliberate on report of the City Clerk regarding the Initiative Petition Prohibiting Privatization of the collection, handling, and disposition of residential garbage, trash, and rubbish, and providing for the method of fixing charges for such service. City Clerk Janice Ellis told City Council that upon receiving the initiative petition, she spent several days reviewing it and that she reviewed a total of 338 names. She also said in order to bring this issue to an election, that the petition required signatures of 370 qualified voters. Ms. Ellis said the petition contained a total of 320 qualified voters, so she issued a certificate of insufficiency. She stated that she had sent a formal letter of notification to the petitioners earlier in the day. Mayor Biard asked the City Clerk if she had contacted the petitioners. Ms. Ellis said that she had contacted Mr. Thompson on Friday, January 21s`. Mayor Biard confirmed that they had ten days from January 24`h to amend or supplement the petition. 15. Deliberate and act on RESOLUTION NO. 2011-006: A RESOLUTION OF THE CITY OF PARIS, TEXAS, SUSPENDING THE FEBRUARY 14, 2011, EFFECTIVE DATE OF ONCOR ELECTRIC DELNERY COMPANY'S REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROV [NG COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF TH1S RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERiNG COMMITTEE. ~ Regular Council Meeting January 24, 2011 Page 5 A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 16. Discuss and deliberate on proposed amendment of the City of Paris Personnel Policy to include a new zero tolerance policy regarding racial harassment in the work place. Council Member Jason Rogers said he had reviewed the city policy and he wanted stronger language. He said he thought it was very much needed and that it would benefit everyone by taking a zero tolerance stance against racism. Council Member Jason Rogers said he would like the policy to include the discipline to include a minimum of three weeks suspension without pay and/or immediate termination as outlined in his proposed wording for an ordinance. Mayor Biard said he did not think it was zero tolerance as written citing the language "conduct is presumed to be offensive." Council Member Pickle asked that sexual harassment be included. Gene Anderson said he would like to study what some of the other cities were doing. Mr. Anderson expressed a concern about a mandatory three weeks, because he said it would be almost 6% of the annual salary of an employee making $25,000. He also said he would like to see if other cities were using progressive discipline. Mr. Anderson said that they certainly did not want to tolerate this type of behavior, but would like to be consistent with the other policies. He asked Council to give staff a couple of council meetings in order to have time to research other cities and to bring a draft to Council. City Attorney Kent McIlyar said he wanted to make sure that they include the proper due process, such as reporting incidents and investigating incidences. Mr. McIlyar said any employee that loses salary under the existing policy is entitled to an appeal. Council Member McCarthy said this was going to take a lot of time and suggested that it be reviewed in depth. It was a consensus of Council to allow time for research and to bring this item back at a future meeting. 17. Deliberate and act on a salary supplement for the Finance Director for his additional duties as Interim City Manager. Mayor Biard said that he requested this item, because Gene Anderson had taken on additional duties as Interim City Manager. Mayor Biard proposed a supplement of $1,250.00 per month to be retroactive to January 1, 2011. A Motion to approve the recommendation of $1,250.00 per month with a retroactive date of January 1, 2011, was made by Council Member Jason Rogers and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 18. Deliberate on calling a special election to amend the City Charter to provide for revised term limits for City Council Members. Mayor Biard said that Council Member Rhonda Rogers had asked to bring this item forward for consideration. He said council term limits continue to be a topic of discussion at meetings when continuity and visions for the future of Paris are discussed. Mayor Biard said increased term limits will be helpful in both of the areas. He said if Council wanted this to be considered at the May election, they will need to have the language approved at the next 8 Regular Council Meeting January 24, 2011 Page 6 meeting. Council discussed the possibility of three consecutive two year terms and three consecutive three year terms. Council Member Wright said he would like to look at a couple of other Charter changes. Mayor Biard said they could only have a Charter Election every two years. Mayor Biard said they have to have the actual wording at their February 14`h meeting. Council Member Rhonda Rogers said the reason she wanted to look at the term limits at this time, was because of the upcoming redistricting process. Council Member Brown said he would like to explore the possibility of electing a mayor at large. Mayor Biard said that they would probably not get DOJ preclearance for electing a mayor at-large, because it would dilute the ability of a minority to get elected as mayor in the future. Council Member Pickle said they may want to place some other items on the ballot for Charter amendments. He said over the years, they had discussed extending the term of selection of an accounting firm to perform the audit, so that it did not have to be bid on an annual basis. He also said they had discussed extending the terms of taxicab franchises and deleting three readings. City Attorney Kent McIlyar said that the City Charter required three readings on all franchise ordinances. Mr. McIlyar said he thought that the drafters of the Charter were thinking of utilities when they created the franchise provision. He said that the City Charter also addresses the granting of privileges to businesses that use the public streets, highways, alleys, and thoroughfares, and that taxicabs could fall into that categary. Mr. McIlyar said that for many years the City had been granting franchise ordinances to taxicab companies and we had stayed with that process. He said that he was going to review them for consideration of being a privilege. Council Member Rhonda Rogers inquired if they could make the taxi cabs a multi-year agreement, so they did not come up but once every three years. Mayor Biard said he thought they could do that without a Charter amendment. Mayor Biard said if the Charter required that taxicab franchises were limited to one year, then they could look at extending the taxicab franchises. Council Member Pickle also asked that the accounting audit be reviewed to determine if it could be bid out for a longer term instead of annually. Mr. Anderson said that some cities allow multi-year contracts. Council Member Wright said they should take more time to review other possible amendments to the Charter. Council Members McCarthy, Pickle and Rhonda Rogers said they did not have more time, because the election needs to be called at the next meeting. With regard to the term limits, Council Member Brown said he thought every member of the current Council should be excluded. Mayor Biard and Council Member Pickle agreed. Council Member McCarthy said he thought that Jason Rogers and John Wright should not be excluded to running for three terms, because both just came on the Council. They also discussed whether or not to allow Council Members Edwin Pickle and Rhonda Rogers to run for a third term, because neither will incur their two year term limit this May. It was a consensus of the City Council to propose a Charter amendment to change the term limits from two consecutive two year terms to three consecutive two year terms for Council Members. It was also a consensus of the City Council to allow all current Council Members to run for a third term, with the exception of Mayor Biard and Council Member Brown, because they will be term limited this May under the current Charter provision. 19. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. 9 Regular Council Meeting January 24, 2011 Page 7 Council Member McCarthy asked that the Council consider approving his and Council Member Jason Rogers becoming members of the Texas Association of Black City Council Members. He stated the cost would be $65.00 a year. It was a consensus of Council to approve this item. Council Member Jason Rogers said he would like to attend a conference in June and will bring back the information. Council Member McCarthy asked Sally Wright to come forward. Ms. Wright infonned Council that Crime Stoppers Live at Five would be celebrating the 25`" Anniversary for Lamar County Crime Stoppers at 5:00 on Thursday and the new YWCA Building. Mayor Biard invited everyone to the dedication of the Paris Clock to take place on Sunday, January 30`h at 2:00 p.m. at the downtown plaza. 20. Adjournment. There being no further business, a Motion to adjourn was made by Council Meinber Pickle and was seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 7:08 p.m. WILL BIARD, MAYOR JANICE ELLIS, C1TY CLERK 10