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06- COUNCIL MINUTES FROM THE MEETING OF MARCH 28, 2011CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 03/30/2011 Council Date: 04/ 11 /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 meeting of March 28, 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 $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Wotks ❑ Finance ❑ Fire ❑ Utilities City of Paris ~ Revised 2/04/08 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 2$, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 28, 2011, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Will Biard Council Members: Joe McCarthy; Jason Rogers; John Wright; Stephen Brown; Edwin Pickle; and Rhonda Rogers City Staf£ Gene Anderson, lnterim City Manager/Finance Director; Kent Mcllyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Ronnie, Grooms Fire Chief; Shawn Napier, City Engineer; and Steve McFadden, Interim Public Works Director Openin$ Agenda Call meeting to order. Mayor Biard called the meeting to order at 5:33 p.m. 2. Invocation. Shawn Napier gave the invocation. 3. Pledge of Allegiance. Council Member Jason Rogers led the pledge. 4. Citizens' forum. Gary Hensley, 329 S.W. 25`h - he complimented the new Lake Crook dock and asked about the possibility of getting lights on the dock. Consent Agenda Mayor Biard inguired of Council Members if they wished to pull any items from the Gansent Agenda for discussion. There were none. 5 Regular Council Meeting March 28, 2011 Page 2 A Motion to approve the Consent Agenda was made by Council Member McCarthy and seconded by Council Member Rhonda Rogers. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8, and 9. 5. Deliberate and act on the approval of minutes from the meeting on March 14, 2011. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Planning and Zoning Commission minutes (2-7-2011) b. Paris Historic Preservation Coinmission minutes (2-28-2011) 7. Deliberate on February monthly financial report. 8. Deliberate on drainage ditch maintenance report. 9. Deliberate and act on RESOLUTION NO. 2011-032: A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF PARIS, TEXAS, APPROVING A PROCLAMATION DECLARING THE MONTH OF APRIL AS FAIR HOUSING MONTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO TNE SUBJECT; AND PROVIDING AN EFFECTNE DATE. ReEUlar Aaenda 10. Deliberate and possibly act on RESOLUTION NO. 2011-033: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; DESIGNATING THE AUTHORIZED CITY SIGNATORIES TO APPROVE DRAWDOWN REQUESTS FROM THE OFFICE OF RURAL COMMUNITY AFFAIRS FOR ALL OF THE CITY OF PARIS TEXAS' COMMUNITY DEVELOPMENT PROGRAM AROJECTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Rhonda Rogers and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. l 1. Public hearing and deliberate on findings of the City's Texas Community Development Block Grant Program Contract No. 728056 STEP Water Improvements Project. Mayor Biard opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. No one spoke. Mayor Biard asked for anyone wishing to speak in opposition of this item, to please come forward. With no one speaking, Mayor Biard closed the public hearing. There was no discussion on this item. 6 Regular Council Meeting March 28, 2011 Page 3 12. Hear and deliberate on independent audit of the city's financial records. Tom Hensel with McClanahan and Holmes, gave an overview of the comprehensive armual audit. 13. Deliberate and act on A RESOLUTION OF THE CITY COt1NCIL OF THE CITY OF PARIS, TEXAS, ADOPTING AND APPROVING A NEW SECTION 2- EQUAL OPPORTUNITY & HARASSMENT POLICY TO THE CITY OF PARIS' PERSONNEL POLICIES AND PROCEDURES MANUAL TO ADDRESS ALL FORMS OF UNLAWFUL HARASSMENT IN THE WORKPLACE AND TO ADOPT PROCEDURES TO IMPLEMENT THIS POLICY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Jason Rogers said that the EEOC gives a victim 180 days to file a complaint and he thought they should allow more than 30 days for an employee to file a complaint. Council Member Pickle suggested that the word "must" be deleted and replaced with the word "should" with regard to the filing of a complaint by an employee under Section 2.025. It was a consensus of City Council to inake Council Member's Pickle suggested change. Council Member Jason Rogers said that he was concerned with the last sentence of Section 2.025, specifically referring to the word "goal". He said it implied that management could take longer than 30 days to complete an investigation and he thought there should be a specific deadline. Mr. Anderson suggested that they leave the language as written and add a sentence that if the goal is not met, city manageinent shall inform the City Council. It was a consensus of City Council to leave the existing language and add the additional sentence. Council Member Jason Rogers also said that he thought supervisors, managers, and department heads should be held to a higher standard than other employees and that he would prefer the zero tolerance policy with regard to supervisors, managers, and department heads. Council Member Pickle said he did not think that was a good idea and that everyone should be treated the saine. Gene Anderson said a zero tolerance policy makes a statement that you inust be perfect. Council Member Rhonda Rogers said she wanted to leave the policy as written. She provided a possible scenario of an employee getting mad at a supervisor, and being able to get another employee ta side with him or her on a fabricated complaint against the supervisor just to get the supervisor fired. Couneil Member Rhonda Rogers said that would be an automatic termination for a supervisor, manager or deparhnent head. Council Member Jason Rogers said if soineone makes a racial remark, chances are they have done so in the past. Mayor Biard sated they were not just addressing racism, but were also addressing gender and religion. It was a consensus of City Council to leave the policy as written with regard to this issue. Council Member Rhonda Rogers said employees needed to be trained with regard ta the new policy. Council Member McCarthy agreed and said that the training needed to be performed by a professional and that employees should sigm a receipt acknowledging the policy. Mr. Anderson said that he would make arrangements. Council Member McCarthy said that he wanted training for employees prior to the poliey taking effect. It was a consensus of City Council that ~ Regular Council Meeting March 28, 2011 Page 4 employees receive training on the new policy prior to the effective date. City Council agreed the effective date to be June 1, 2011. This item will be brought back at the next Council meeting. 14. Deliberate and act on RESOLUTION NO. 201l-034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDER NO. TWO TO THE CONTRAGT WITH RICHARD DRAKE CONSTRUCTION FOR THE TRAIL DE PARIS EXTENSION PROJECT - S.E. 8T" STREET TO S.E. 12TH STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 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. 15. Deliberate and act on renovations to City Hall. As explained in Mr. Anderson's briefing sheet, the public areas on the first and second floor have had no maintenance since the mid-1970's. There is peeling wallpaper, water stained ceiling tiles, worn carpet and electrical lighting that is no longer functioning. There are two offices on the second floor that need to be painted and re-carpeted. It will cost less than $25,000 to renovate the areas. A Motion to approve the renovations was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 16. Convene into Executive Session pursuant to Section 551.071 of the Texas Government Code, Consu1tation 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 convened City Council into executive session at 6:18 p.m. 17. Reconvene into open session and possibly take action on those matters discussed in Executive Session. Mayor Biard reconvened City Council into open session at 6:33 p.m. and said there was no action to be taken. 18. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Pickle reminded everyone of the upcoming Lamar County Days in Austin scheduled for April 5`h and 6`h. Council Member Rhonda Rogers said that she and Council Member McCarthy would be attending the Texas COG meeting on Thursday. _ 8 Regular Council Meeting March 28, 2011 Page 5 19. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Wright and was seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 6:35 p.m. W1LL BIARD, MAYOR JANICE ELLIS, CITY CLERK 9