02 City Council Min 07-12-04MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
JULY 12, 2004
The City Council of the City of Paris met in regular session, Monday July 12,
2004 6:00 P. M. At Love Civic Center, North Hall, 2025 South Collegiate
Street, Paris, Texas. Mayor Curtis Fendley called the meeting to order with the
following Council Members present: Jim Bell, Jay Guest, Karen Wilkerson,
Don Wilson, and Mary Ann Fisher. Also, present were Interim City Manager
Terry Townsend, City Attorney Larry W. Schenk and Assistant City Clerk
Sherian Dixon.
Invocation was given by Richard Hart with the Christian Fellowship Church.
Mayor Fendley asked if there were any corrections or addendums to the
minutes from the City Council meetings of June 14, 2004 and June 28, 2004.
A motion was made by Councilwoman Fisher, seconded by Mayor Pro Tem
Guest, for approval of the minutes as presented. The motion carried 6 ayes, 0
nays.
Mayor Fendley advised that the Council had been furnished minutes from the
Paris Public Library Advisory Board for May 19, 2004, and June 23, 2004; the
Paris Economic Development Corporation for June 16, 2004; the Airport
Advisory Board for May 20, 2004; the Paris Band Commission for May 13,
2004; the Historic Preservation Commission for October 14, 2002, May 24,
2004, and June 9, 2004; and the Housing Authority of the City of Paris Board
of Commissioners for May 15, 2004 and June 15, 2004. A motion was made
by Councilman Wilson, seconded by Councilwoman Wilkerson, for approval
of the above minutes as presented. The motion carried unanimously.
Mayor announced that the next item on the agenda was a personal appearance
providing a presentation, discussion, and direction to city staff regarding
possible implementation of an IRS Section 125 Flex Benefit Plan by Gene
Anderson, Director of Finance for the City of Paris and Debra Reed.
Mr. Anderson advised that the City Council had been furnished background
information regarding the Flex Benefit Plan Per IRS Section 125. He said that
Regular City Council Meeting
July 12„ 2004
Page 2
in response to increasing health insurance premium cost, whether it is
dependent costs or for the employees, they have been exploring the use of a 125
Cafeteria Plan. Mr. Anderson said they have talked with Deb Reed, with
Institutional Securities Corporation, about how the mechanics would work.
Mr. Anderson advised that he chose Ms. Reed because she has worked with the
city in the past when she worked with National-Wide Retirement on our 457
Plan.
Mr. Anderson told the City Council that a premium only plan, which deals
with premiums on Medical, Vision, Dental, and Supplemental Insurance, would
be administered for the city at no cost, in exchange for the opportunity to
market supplemental insurance products to the city employees. Mr. Anderson
pointed out that he had listed examples such as Accident, Disability, Intensive
Care, Cancer, and Heart Attack/Stroke Insurance.
Mr. Anderson said that basically what that Section 125 would allow the city to
do is make the employees' insurance premium pre-tax dollars and would also
exempt those premiums from social security tax. The employees would stand
to gain whatever their income tax difference would be and the city would stand
to gain about $45,000.00 from not having to pay social security matching tax
on those premiums.
Mr. Anderson advised that at the time they were looking at that, they were also
looking at the flexible spending accounts type setup, and if they did that, there
is a potential cost to that of a one time cost of $450.00 set up and a$3.00
monthly charge per actual participant. It would not be for all employees unless
they participated in that.
Mr. Anderson said they would recommend, if the Council approves, only
exploring the pre-taxing of the premiums at this stage, then looking at flexible
spending account as a second phase. He advised that the city currently offers
a 457 Supplemental Retirement Plan, which is basically like a private sector
401. Mr. Anderson said the one that the city currently has does not have field
Regular City Council Meeting
July 12„ 2004
Page 3
representatives to come out and aid the employees with investment decisions.
The staff would like to add another plan as well as offer other potential plans
for city employees to get involved in at their expense.
Mr. Anderson said what they would like are directions from the City Council,
if they wanted city staff to pursue this idea. He also asked in terms of paying
for the administration, was that something that the city would want to pay for
and not expose the employees to that kind of direct sales approach or not. They
would like direction on that and would like permission to add another 457 Plan
and the Roth IRA Plan; neither one of those would add any cost to the city.
Mr. Anderson advised that when it comes to vendor selection on whom they
would actually use for that, staff would like the City Council's direction on that
because, in some cases they could have no cost to the city, and, even under the
Flexible Spending Account premium set up that he had mentioned, even if they
had 100% participation, which they will not, the amount of the administration
expense would be well below the $25,000.00 State requirement to bid it out,
So, they wanted direction for staff to go for this and implement that as soon as
possible by staff going out and making it happen, or if the Council would like
them to work up proposals and bid forms and go out and use that methodology.
Deb Reed was present telling the City Council that the $3.00 monthly charge
was on the premium only plan. She said the premium only plan that they are
only putting up premiums for Medical, Vision, Dental, and Supplemental
Insurance, then there is no cost to that for the administration of those plans and
documents. She said once they add the Flexible Spending Account, which is
a one time charge to the City of Paris of $450.00, then it is a$3.00 charge per
month per participant.
City Attorney Schenk asked Ms. Reed if that fee would be waived if the city
allowed them to offer their wares. Ms. Reed said no, not on the Flexible
Spending Account. She said that fee does not exist if you have a Premium
Only Plan. She advised that next year in the second phase, if the Council goes
Regular City Council Meeting
July 12„ 2004
Page 4
ahead and approves this, then you add the flexible spending account and that
fee would be implemented at that time.
Councilwoman Fisher asked Ms. Reed, regarding the Flexible Spending
Account, if the employees are allowed to only use so much insurance money
in a year and if something happened to them and they use it all and did not
have any left in the Flexible Spending Account. Ms. Reed advised that on a
Flexible Spending Account the Council has to allocate what they think they will
use for deductibles, co-pays, glasses, over the counter medication, predictable
expenses, things of that nature. She said that if they do not use that amount,
they will lose it and they make sure that people do not put in more than they
can use in a year because they do not want them to lose it.
Councilman Bell said he has seen this plan in action and he thinks it is a
wonderful tool for employees and they can save tax money. They have to
understand what they are doing and when they say they want $30.00 taken out
of their paycheck and put into this plan, as Ms. Reed said, you use it or you
lose it. He pointed out that there would be a need for educating the employees.
After discussion, it was the consensus of the City Council to pursue this plan
and instructed Mr. Anderson to research further and so whatever the Council
decides.
Mr. Anderson advised that he would like approval of the concept and he would
also like directions from the Council on how they wanted staff to deal with it.
Mayor Fendley said what he was hearing was to go forward with the IRS
Section 125.
Mr. Anderson stated that he wanted someone to do an explanation and
someone who will not give hard a sell on these other items. He felt that they
needed to be presented the information and if they wanted it or if they do not,
Regular City Council Meeting
July 12„ 2004
Page 5
it is fine.
Mayor Fendley asked the City Council if they wanted Mr. Anderson to go
forward and bring the City Council three different proposals from brokers.
The consensus of the City Council was to go out and advertise in the
newspaper for proposals and bring that back to the Council.
Ms. Reed advised that there are not many brokers or individual investors that
offer the 457 Programs because that is a specialty field as it is city government
only and there are not many that will do the Roth IRA's through the payroll
deduction. Ms. Reed said she specialized in that field for almost 18 years.
Councilman Wilson wanted to know if there is a fee split the 457 Plan. Ms.
Reed advised that there is no fee for the service of the 457 nor the Roth IRA.
Mr. Anderson said that it would be the employee who would have to pay any
fees for these plans.
City Attorney Schenk asked if it would be a combined proposal to provide all
of those services.
Mayor Fendley stated that there are three different things, the IRS Section 125
for the Premium Only Plan, the 457 Plan Flexible Spending, and the Roth IRA
Plan.
Councilman Wilson wanted city staff to make sure that the others have the
capability of doing this, because if they do not, it is not an apple to apple bid.
Mr. Anderson advised that in a bid situation where it is not costing the city
anything, those type criteria are something they would be able to make a
decision.
Councilwoman Wilkerson asked if they wanted one company to provide all the
services. Councilman Bell said that the city might get a better deal on the 457
and it might be two separate companies. Mr. Anderson advised that they can
Regular City Council Meeting
July 12„ 2004
Page 6
do this on the split basis.
Mr. Anderson stated that the Council just wanted him to put the specifications
together and put them out for bids and bring those back to the Council.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 2001-033, WHICH
GRANTED A FRANCHISE FOR ELECTRIC SERVICE TO TEXAS
UTILITIES ELECTRIC COMPANY, NOW KNOWN AS ONCOR ELECTRIC
DELIVERY COMPANY, BE EXTENDED FOR A PERIOD OF TWELVE (12)
MONTHS; PROVIDING FOR CONTINUED COMPENSATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS WITH
OTHER ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE,
WAS PRESENTED ON SECOND READING.
A motion was made by Councilwoman Fisher, seconded by Councilman Bell,
for approval of the ordinance on second reading. The motion carried 6 ayes,
0 nays.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, GRANTING TO DAVID THOMPSON, DBA LONE STAR
CAB COMPANY, A FRANCHISE TO USE THE PUBLIC STREETS,
ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE
OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES
FOR A PERIOD OF THREE (3) YEARS, BEGINNING AUGUST 9, 2004,
AND ENDING AUGUST 8, 2007, UPON THE TERMS AND CONDITIONS
HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF
SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A TAX FOR
Regular City Council Meeting
July 12„ 2004
Page 7
SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND
HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT
UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS
FOR USE OF SAID GRANTEE; PROVIDING FOR PUBLIC LIABILITY
INSURANCE ON THE MOTOR VEHICLES AND EQUIPMENT OF SAID
GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS
AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE
OFFICIALS OF THE CITY OF PARIS, AND PROVIDING AN EFFECTIVE
DATE WAS PRESENTED ON SECOND READING.
Mayor Fendley asked if anyone wanted to speak on this. No one came forward.
No motion was made on the second reading of this ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, GRANTING TO STEVE B RAINEY AND WENDY L.
RAINEY, DBA YELLOW CAB COMPANY, A FRANCHISE TO USE THE
PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS
FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN
MOTOR VEHICLES FOR A PERIOD OF THREE (3) YEARS, BEGINNING
JULY 13, 2004, AND ENDING JULY 12, 2007, UPON THE TERMS AND
CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE
REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT
OF A TAX FOR SUCH PRIVILEGE AND USE OF SUCH STREETS,
ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF
SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR
TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR
PUBLIC LIABILITY INSURANCE ON THE MOTOR VEHICLES AND
EQUIPMENT OF SAID GRANTEE; PROVIDING FOR THE SUPERVISION
OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR
EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS, AND
PROVIDING AN EFFECTIVE DATE WAS PRESENTED ON SECOND
Regular City Council Meeting
July 12„ 2004
Page 8
READING.
A motion was made by Mayor Pro Tem Guest for approval of the ordinance on
second reading. The motion was seconded by Councilwoman Fisher and
carried 6 ayes, 0 nays.
Mr. David Thompson, owner of the Lone Star Cab Company, came forward
regarding his franchise. After discussion with the City Council, a motion was
made by Mayor Pro Tem Guest, seconded by Councilwoman Fisher, for
approval of the franchise of David Thompson, DBA Lone Star Cab Company,
as was previously presented. The motion carried 5 ayes, 1 nay, Councilwoman
Wilkerson voting no.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, GRANTING TO DENNIS NELMS, DBA CITY CAB
COMPANY, A FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS,
AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF
TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR
A PERIOD OF THREE (3) YEARS, BEGINNING AUGUST 10, 2004, AND
ENDING AUGUST 9, 2007, UPON THE TERMS AND CONDITIONS
HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF
SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A TAX FOR
SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND
HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT
UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS
FOR USE OF SAID GRANTEE; PROVIDING FOR PUBLIC LIABILITY
INSURANCE ON THE MOTOR VEHICLES AND EQUIPMENT OF SAID
GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS
AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE
OFFICIALS OF THE CITY OF PARIS, AND PROVIDING AN EFFECTIVE
DATE WAS PRESENTED ON SECOND READING.
Regular City Council Meeting
July 12„ 2004
Page 9
A motion was made by Mayor Pro Tem Guest, seconded by Councilwoman
Fisher, for approval of the ordinance on second reading. The motion carried
6 ayes, 0 nays.
ORDINANCE NO. 2004-019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY
OF PARIS, BE AMENDED BY REVISING SUBSECTIONS (b) AND (c) OF
SECTION 34-22 OF SAID CODE TO ESTABLISH WATER RATES FOR
RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS THAT
ARE BASED UPON THE COST TO SERVE EACH CLASS; REVISING
SUBSECTION (a) OF SECTION 34-23 TO ESTABLISH A SEWER SERVICE
RATE FOR CITY WATER CUSTOMERS; REVISING SUBSECTION (a) OF
SECTION 34-29 OF SAID CODE TO ESTABLISH A DELINQUENCY FEE;
REVISING SUBSECTION (a) OF SECTION 34-30 OF SAID CODE TO
REFERENCE A SERVICE FEE; ADOPTING A NEW SECTION 34-33 TO
SAID CODE, ENTITLED SPECIAL SERVICE ARRANGEMENTS TO
AUTHORIZE THE WATER BILLING OFFICE MANAGER OR THE
DIRECTOR OF FINANCE, AT THEIR DISCRETION, AND UNDER
CERTAIN CIRCUMSTANCES, TO AUTHORIZE CERTAIN SPECIAL
SERVICE ARRANGEMENTS; PROVIDING FOR A PENALTY NOT TO
EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE WAS PRESENTED.
A motion was made by Councilwoman Fisher, seconded by Mayor Pro Tem
Guest, for adoption of the ordinance. The motion carried 6 ayes, 0 nays.
Councilman Poston entered the council chambers and assumed his seat at the
council table at 6:30 P. M.
Mayor Fendley declared the pubic hearing open to receive input from the
Regular City Council Meeting
July 12„ 2004
Page 10
citizens of Paris regarding local participation in the expenditure of funds under
the Local Law Enforcement Block Grant application by the City of Paris.
Karl Louis, Police Chief, came forward and mentioned that this is an annual
grant that the city has received for the last several years. He said it has
diminished quite a bit this year as they were only given $16,107.00 for the
contributing match of the City of Paris of $1,790.00. He advised that in the
past they used this money to purchase patrol cars and will do so this year.
No one else appeared and the pubic hearing was declared closed.
Resolution No. 2004-117, authorizing an application for a Local Law
Enforcement Block Grant; authorizing the expenditure of funds, accepting said
grant award upon notice thereof; authorizing the execution of any and all
documents necessary for acceptance and implementation of said grant upon
notice thereof, was presented.
A motion was made by Councilman Bell, seconded by Councilman Wilson, for
approval of the resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2004-118, accepting the bid of B. Bray Construction Company,
Inc. for the construction of the Lamar Avenue Utility Replacement Proj ect from
20th Street N. E. (F.M. 195) to N. Collegiate Drive, in the amount of
$473,124.20 upon said contractor meeting all the terms and specifications
included in the bid documents, was presented.
A motion was made by Councilman Bell, seconded by Councilwoman Fisher,
for approval of the resolution. The motion carried 7 ayes, 0 nays.
Mayor Fendley said the next item on the agenda was a resolution approving a
professional service contract for updating the City of Paris Salary Survey by the
Waters Consulting Group, Inc. He advised that this item had been tabled at the
June 14, 2004 meeting and a motion would be in order to bring it from the
Regular City Council Meeting
July 12„ 2004
Page 11
table.
A motion was made by Councilwoman Fisher, seconded by Mayor Pro Tem
Guest, to bring this item from the table. The motion carried 5 yes, 2 nays.
Mayor Fendley called for consideration of and action on a resolution approving
a professional service contract for updating the City if Paris Salary Survey by
the Waters Consulting Group, Inc. Councilman Guest said he felt like this was
a moot point. A motion was made by Councilwoman Wilkerson, seconded by
Mayor Pro Tem Guest, to deny passage of the resolution. The motion carried
7 ayes, 0 nays.
Resolution No. 2004-119, a resolution approving and authorizing the filing of
an application and associated documentation seeking the designation for the
City of Paris as a Preserve America Community for calendar year 2004 and
authorizing the execution of all documents in support of said application, was
presented. A motion was made by Councilman Bell and seconded by
Councilwoman Wilkerson. The motion carried 7 ayes, 0 nays.
Resolution No. 2004-120, approving the grounds sublease between the Red
River Valley Fair Association and the American Legion Post # 199 of Deport,
was presented. City Attorney Schenk said both this resolution and the next are
those presented to the City annually by the Fair Association for use for
purposed of bingo. A motion was made by Councilman Bell, seconded by
Councilwoman Fisher, for approval of the resolution. The motion carried 7
ayes, 0 nays.
Resolution No. 2004-121, approving the grounds sublease between the Red
River Valley Fair Association and the Hopewell Volunteer Fire Department,
was presented. A motion was made by Councilman Bell, seconded by
Councilwoman Wilkerson, for approval of the resolution. The motion carried
7 ayes, 0 nays.
Regular City Council Meeting
July 12„ 2004
Page 12
Resolution No. 2004-122, granting a petition for annexation of certain territory
consisting of 11.613 acres, more or less; making other findings and provisions
related to the subject and providing an effective date, was presented. A motion
was made by Councilman Bell, seconded by Councilman Wilson, for approval
of the resolution. The motion carried 7 ayes, 0 nays. City Attorney Schenk said
the actual ordinance for the annexation will be presented at a later date; this
resolution is just accepting the petition.
Resolution No. 2004-123, granting a petition for annexation of certain territory
consisting of 3.662 acres, more or less, owned by D. Wayne Brown, was
presented. A motion was made Mayor Pro Tem Guest for approval of the
resolution. The motion was seconded by Councilman Poston and carried 7
ayes, 0 nays.
Resolution No. 2004-124, a resolution of the City Council of the City of Paris,
Paris, Texas, repealing prior Resolution No. 2004-090, which approved and
authorized the expenditure of funds for fiscal year 2003-2004 to pay the cost
of training and equipping a Fire Department HAZ-MAT Mitigation Team;
approving and authorizing a new plan for the expenditure of funds for fiscal
year 2003-2004 to pay the cost of training and equipping a Fire Department
wiliness-MAT Mitigation Team; making other findings and provisions related
to the subject, was presented.
Mayor Fendley advised that this item was asked to come back before the City
Council to discuss the HAZ-MAT and the cost of the medical.
Interim City Manager Townsend advised that this resolution was actually
passed by the former Council providing for HAZ-MAT for the entire
community, but specifically for the industries. He said what they would like
to do in regard to the HAZ-MAT which is itemized in the next item which is
Agenda Item No. K, as well as our SCBA's that the Council is going to see,
because the impact that these things are going to have on our budget this year
and next year, in both cases, they are wanting to reserve that possibility to look
Regular City Council Meeting
July 12„ 2004
Page 13
at those things and see if this is something that the city really has to have
because they are looking at 5%. He said what they were going to ask is that the
city hold off so they can fully review and understand what they have got to cut
to get to their goaL Interim City Manager Townsend said there were two
different options in the vote the night that this came to the City Council. One
of those was $65,000.00 just to do the HAZ-MAT part of this project and the
other was $128,000.00 which was the HAZ-MAT plus the capability to begin
the wellness fitness program in the Fire Department. He said that Council
chose to do the $128,000.00.
Ronnie Grooms, Fire Chief, came forward, presenting the City Council with
a history of what they had proj ected before when they met with the previous
CounciL Mr. Grooms said with the advent of the 5% reduction in the current
budget, he is uncomfortable at this point in time with trying to promote this
issue until he finds out exactly how that is going to impact his future budgets.
He said what he fears is getting into a position to where is having to
compromise staffing to pay for equipment and he did not want to get in that
compromise and he fears that may be what this will take to get to the 5%
reduction. Mr. Grooms said all departments heads met today with Mr.
Townsend and there is a concern that needs to be addressed and he does not
feel, at this point in time, he is comfortable in making a recommendation to
carry on until they know what that impact is going to be.
Councilman Wilson asked Mr. Grooms if the total cost for the equipment for
the Haz-Mat team was$18,280.00. Mr. Grooms said that is the proposed
budget for the equipment. Councilman Wilson said it was his understanding
that there was a meeting held with some of the local industries prior to that
council meeting. He said that they were going to have to equip themselves and
he asked if there was anything that the city could go back to them with and
asked them to participate with the city. He mentioned that we could say is that
we are going to train the people, but you come up and help pay for this.
Councilman Wilson said another thing they could do is set up a fee schedule
for the industries since they are the ones that are going to benefit and make sure
Regular City Council Meeting
July 12„ 2004
Page 14
that if and when this event happens, that they understand there is going to be
a charge and make sure that they are insured for that. He said that the Haz-Mat
team is never going to go out to that industry unless they have and accident,
and when you have an accident they should have insurance to cover that event.
At that time the city will recover for providing the service even though we are
a city and the city is suppose to provide certain safety feature. Councilman
Wilson said in this town, there is only three or four industries that have a
possibility of this happening and one of those is our water treatment plant. Mr.
Wilson said the city should have a Haz-Mat Team and he was just looking has
to how that can be done, but don't give up money if we don't have to.
Mayor Fendley said that one industry offered to participate in the training and
wanted to know if Mr. Grooms had been contacted. Mr. Grooms said they
would like to participate in having some of their personnel trained along with
the city's. Mr. Grooms said there was some dialog about some finances that
one of the industries was willing to talk about, but he has not received any
further information regarding that.
Mr. Grooms said at the last meeting, the Council voted to move forward and
he and the Interim City Manager had discussed it and they were looking at a
deadline of having all of that completed prior to the next fiscal year. He said
they have been halted in that process and they are trying to determine what
procedure to go. Mayor Pro Tem Guest said he did not think we needed to halt
that even though the city is under budget contraints, but there are certain things
that have to be done, and he felt that there are ways to negate those cost and
they can address that as they go forward. Mayor Pro Tem Guest said he did not
see stopping this process because industry has to have this in place. Mayor
Fendley agreed with what Mayor Pro Tem Guest had stated. He thought there
had been discussion after the fact about the actual physical requirements and
that is what he is not clear on. He asked if there was a requirement for a basic
physical to get the Haz-Mat Team established, or is it the equipment and the
training and the staff is already capable of doing that without the physical
training in to play at this point.
Regular City Council Meeting
July 12„ 2004
Page 15
Mr. Grooms said that what the whole emphasis behind the physical is, when
they first began to research of the Haz-Mat, actually starting before that with
the fitness wellness program, they are trying to implement that as well. He said
if they remember back, they lumped these two together with the previous
Council because they were at the time trying to secure a FEMA Grant, and they
still are, that would fund that fitness wellness program. He said that by funding
the fitness wellness program that would allow them to complete these
comprehensive physicals, which would benefit the Haz-Mat. Interim City
Manager Townsend said that the other issue was that they would be able to
give physicals to all of those employees. So, instead of giving physicals to only
15, with two or three failing the physicals, they would have the opportunity to
look at all of them.
Councilman Bell stated that they do have to have those physicals. OSHA does
require that. Mr. Bell said he did vote against the city going into the fitness
wellness program with this. He wanted to stay with the $65,000.00 expense
and recommended that they try to get the training for free from the association,
cut the expense further and get the Haz-Mat going. He said come back if the
city gets the FEMA Grant, then get the fitness wellness program going and the
physicals for the other firefighters. Councilman Bell said he has attended their
meeting and he knew that the Fire Department is going to need some breathing
apparatuses. He suggested getting Haz-Mat done, physicals and all, get the
$65,000.00 program going, get the breathing apparatuses and start replacing it
and get it moving.
Councilman Wilson said that Mr. Grooms told him that there was not a
required physical to get into the Haz-Mat Team, now Councilman Bell said it
is. Mr. Grooms said there is a requirement by OSHA. He said that we may
need to qualify their statements. Mr. Grooms said they were not mandated by
State Law to do it, but the EPA, which governs the Haz-Mat follows the
OSHA's requirements, and basically, the OSHA guidelines are following the
NFPA. So, that is why in making a full circle in their research, they came back
to OSHA and back to the NFPA requirements. Mr. Grooms said this is what
Regular City Council Meeting
July 12„ 2004
Page 16
these organizations recommend for this initial, comprehensive physical. He
said they were not comfortable with sending our personnel into the Haz-Mat
condition without having had this comprehensive physicaL Mr. Grooms said
that some of the firefighters have had their immunizations and it would reduce
the cost.
Councilman Wilson said if you add all this up, it is $2,500.00. Councilman
Wilson asked if Mr. Grooms was not back to saying that in order to do this,
since he will be following these guidelines, the guidelines is the heavy metals
testing and all of that. Councilman Wilson said on the cover sheet, it says that
this is not the NFPA, it is the IAFF and IAFC, the International Association of
Fire Chiefs and the Fire Departments, says that you are using the wellness and
fitness program and that is not the Haz-Mat and wanted to know if that is
correct. Mr. Grooms said that is correct. Councilman Wilson ask if they have
to be OSHA compliant and is there another sheet that would tell the Council
what those requirements are. Mr. Groom said if there is he is not aware of
what that sheet is. Councilman Bell had a copy of the requirements of the
IAFF. He said it tells what all has to be done in the physical, but there are some
questions about the inoculations and things if some of those things comes up,
mumps, etc., and they are not all required, and there is also a requirement that
the employer and the attending physician decide if some of those things are
necessary, like the heavy metal and that is some of the expensive things.
Mr. Grooms said he had not seen this information. Mr. Grooms said that he
had some of his staff officers do the research on this program and he was
comfortable with the research that they have given to him.
Councilman Wilson asked if it was true that the Fire Department or EMS can
give some of these test themselves. Mr. Grooms advised that they could and
they have completed the first phase of that. Councilman Wilson suggested that
the city make sure that these requirements, that we are not already doing them.
Mr. Grooms said he did not see anything that is addressing Haz-Mat, per se, in
Councilman Bell's information. Councilman Bell said this and OSHA tells you
Regular City Council Meeting
July 12„ 2004
Page 17
what is in the Haz-Mat and that is part of your physicaL Mr. Grooms said he
would have take that and research it. Councilman Guest said as for as
inoculation are concerned, is that covered under our current health plan. Mr.
Grooms would say that everyone of the firefighters are already current with
their inoculations.
Mr. Grooms explained that this proj ection that they have given to the City
Council is the worst case scenario. He said $1,323.00 per fire fighter is what
they have suggested and what they have used as their numbers within the
original proposal that the brought before the City Council, Option A and
Option B, and that was the worst case scenario.
Mr. Grooms explained that they are members of the International Association
of Firefighters and they are currently working with the International
Association of Firefighters. He said the IAFF has submitted a proposal to the
Texas Commission on Fire Protection to get their curriculum adjusted to meet
the TCFP requirements, and he thinks they have just about got that
accomplished, and they should hear something on that in the near future. Mr.
Grooms felt that they should be able to use that training, which is free, and they
can defray that $7,000.00 estimate that they used for training.
Councilman Wilson wanted to know if they could take out $460.00 out of the
$1,300.00 for the physical, is that a fair assessment. Mr. Grooms said that you
could probably drop any portion from the physicaL Councilman Wilson said
when this says this is not required and the city is trying to get a Haz-Mat Team
together, he would say that is something that could be put to the side and not
do it. Mr. Grooms said the point on this it is not required for the Fitness
Wellness, but as they go into the Haz-Mat, this is actually the proposal for the
Fitness Wellness program, and it is not required for Fitness-Wellness, but for
the Haz-Mat, they feel it is very necessary for the personnel to have it for those
who will be taking the Haz-Mat because it is for their protection. Mr. Grooms
explained that they wanted to establish a base line to know exactly where they
are at this present time, so that when they are subject to these hazardous
Regular City Council Meeting
July 12„ 2004
Page 18
materials or whatever they may be involved with that they know what their
base line is should some of these heavy metals show up in their systems so the
city will know prior to their exposu,re they were fine. Mr. Groom advised that
they have an obligation not only to the city, but to the personnel.
Mayor Fendley asked if he was hearing a consensus from the City Council that
they want to go with Option B and move ahead with the equipment and
training, to get that all lined up, and come back with an amended proposal for
the physicals for the Haz-Mat Team only.
Councilman Wilson said he would like for staff to research what is required by
OSHA.
Resolution 2004-124, a resolution of the city Council of the City of Paris, Paris,
Texas; repealing prior Resolution No. 2004-090, which approved and
authorized the expenditure of funds for fiscal year 2003-2004 to pay the cost
of training and equipping a Fire Department HAZ-MAT Mitigation team,
approving and authorizing a new plan for the expenditure of funds for fiscal
year 2003-2004 to pay the cost of training and equipping a Fire Department
HAZ-MAT Mitigation Team, was presented.
A motion was made by Councilman Bell, seconded by Mayor Pro Tem Guest,
for approval of the resolution using Option B. The motion carried 7 ayes, 0
nays.
Mayor Fendley announced that the next item for consideration would be
Agenda Item No. 7-K, awarding the bid for the purchase of Self-Contained
Breathing Apparatuses (SCBA) for use in the Fire Department.
Mr. Grooms presented the City Council a packet whichhe gave to the Interim
City Manager back on July 8, 2004, which defines what they are trying to
accomplish in that it gives real numbers, which are the low bid numbers. Mr.
Grooms said these were not specifically budgeted for in this budget, because
Regular City Council Meeting
July 12„ 2004
Page 19
they applied for a grant, but did not receive that. Councilman Wilson said this
wasn't a dire emergency; there is a time period in which this could be done, did
not necessarily have to be right now. Councilman Bell mentioned that they
needed to be pursuing the grant for the SBCAs again.
After discussion, a motion was made by Councilwoman Fisher, seconded by
Councilman Wilson, to deny passage of a resolution for the accepting the bids
to purchase Self-Contained Breathing Apparatuses for use in the Fire
Department. The motion carried 7 ayes, 0 nays.
Resolution No.125, declaring surplus and approving the sale and transfer of
property described as Lot 7, Block 90-A, being number 603 3rd N.W., to Paris
Habitat for Humanity, a non-profit corporation, for purpose of developing
housing for low income individuals and promoting community-based
revitalization, was presented.
A motion was made by Councilman Bell and was seconded by Councilwoman
Fisher. The motion carried 7 ayes, 0 nays.
Mayor Fendley called for a short break at 7:28 P.M. Mayor Fendley reconvened
the meeting at 7:38 P.M.
Resolution No. 126, approving and authorizing the execution of a contract for
Public Health Services, TDH Document No. 7560022067A-2005 and
approving and authorizing the execution of contract Change Notice No. 01, was
presented. A motion was made by Mayor Pro Tem Guest, seconded by
Councilman Wilson for approval of the resolution. The motion carried 7 ayes,
0 nays.
Resolution No. 2004-127, approving and authorizing the execution of Contract
Change Notice No. 1 for Public Health Services, TDH Document No.
760022067-005 (Attachment No. 01) Immunizations Division - Locals, was
presented A motion was made by Councilwoman Fisher and seconded by
Councilman Wilson to approve the resolution. The motion carried 7 ayes, 0
Regular City Council Meeting
July 12„ 2004
Page 20
nays.
Resolution No. 2004-128, approving and ratifying the execution of an
application for the Gang Risistance Education and Training (G.R.E.A. T). grant,
was presented. Councilman Wilson made a motion to approve. Councilwoman
Fisher seconded the motion and it carried 7 ayes, 0 nays.
Mayor Fendley reminded the Council that the resolution on the Band
Commission appointments was tabled last month and there needed to be a
motion to bring it from the table. Mayor Pro-Tem Guest so moved. It was
seconded by Councilman and carried 7 ayes, 0 nays.
Resolution No. 2004-129, appointing members to the Band Commission ofthe
City of Paris, was presented. A motion for approval was made by
Councilwoman Wilkerson and seconded by Councilwoman Fisher. The motion
carried 7 ayes, 0 nays.
Resolution No. 2004-130, appointing members to the Board of Directors of the
Paris Economic Development Corporation, was presented. Councilwoman
Fisher made a motion to approve. Mayor Pro-Tem Guest seconded the motion
and it carried 7 ayes, 0 nays.
Resolution No. 2004-131, appointing members to the Building and Standards
Commission of the City of Paris, was presented. Mayor Pro-Tem Guest made
a motion for approval, which was seconded by Concilman Wilson. The motion
carried 7 ayes, 0 nays.
Resolution No. 2004-132, appointing members to the Historic Preservation
Commission of the City of Paris, was presented. Councilwoman Fisher made
a motion for approval. Councilwoman Wilkerson seconded the motion and it
carried 7 ayes, 0 nays.
Resolution No. 2004-133, re-establishing the Main Street Advisory Board;
Regular City Council Meeting
July 12„ 2004
Page 21
appointing a seven (7) member Main Street Advisory Board with Four (4)
Alternate Members; was presented. A motion was made by Councilman Bell
and seconded by Mayor Pro-Tem Guest. The motion carried 7 ayes, 0 nays.
Resolution No. 2004-134, appointing members to the Traffic Commission of
the City of Pars, was presented. Councilman Bell made a motion for approval,
which was seconded by Councilman Wilson. The motion carried 7 ayes, 0 nays.
Mayor Fendley indicated that the next item was receipt and discussion of
potential grant information applicable to the development of the Dowtown
(Brown Bag) Park and to consider possible direction to staff. Lisa Wright,
director of Community Develpment, came forward, saying that there was a
request that they research what sort of grant funding would be available if the
City was to accept the proposed property from Mr. Brown and turn it into a
Pocket Park. She said they looked at several options and found out that for the
Texas Capitol Fund,this does not qualify. She related that she found a Texas
Parks and Wildlife Grant called the Texas Recreation Parks Account Program
Grant, which is a 50150 grant. She did say that some of the things required for
the park would not be funded by this grant, such as the removal of the wall. She
said she was told that this was a very competitive grant and the chances of
getting it were slim.
Lindsey Harper, Main Street Manager, found that several cities have funded
parks through private foundations or local organizations donating money.
Mayor Fendley reminded Council that with the current budget situation, there
was no money to complete the park and asked Council for direction.
Councilwoman Wilkerson said she would like for Ms. Wright to continue
researching funding for this park. It was the consensus of the Council for her
to pursue grants and foundations for this proj ect.
Mayor Fendley said that the next item, discussion and possible action on
tentative lease terms for approximately 200 acreas at Cox Field Airport for use
as a World War 11 air museum, was tabled last month and a motion was needed
Regular City Council Meeting
July 12„ 2004
Page 22
to bring it from the table. Mayor Pro-Tem Guest made a motion, which was
seconded by Councilman Poston. The motion carried 7 ayes, 0 nays.
Mayor Fendley asked Ms. Wright where she was on the discussions with Mr.
Navaro. She said that Mr. Navaro initially had wanted to put a runway in but
after he talked with TXDOT he decided against that. She talked with Bill Dunn
at TXDOT Aviation, who thought this was a very vital project. She indicated
that Mr. Dunn had spoken to Mr. Nichols, who showed him where all the
buildings would go. Ms. Wright related that Mr. Nichols wants land that has
two (2) different lessees and these lessees have indicated that they are willing
to give up these leases. She also mentioned that Mr. Nichols wants a long term
lease with options, possibly thirty-five (35) years, because his investment is
going to be well over $1 million. She said the Visitors and Convention
Commission had said they would pay for the water lines to be put in.
Ms. Wright said Mr. Nichols wanted to relocate some vintage buildings here
in keeping with the theme of the museum and he was asking that the building
codes be waived because of to the way the buildings were constructed. The
Council felt this wouldn't be a problem as long as it was safe. City Engineer
Sean Napier said buildings over 1500 square feet require sprinklers.
Councilman Bell said we are only saying for you to pursue this further, but not
approving all the points you are going through. Mayor Fendley said we are
agreeing to continue negotiations with him. Mayor Fendley said Mr. Nichols
needs to come to Paris so we can work this out. Ms. Wright wanted to bring
this back before the Council during the July 27th meeting, which was agreed.
Mayor Fendley said the next item was discussion of City policies, consideration
of recommendations of the Benefits Committee and the providing of direction
to the staff regarding accrued vacation, accrued sick leave, retiree benefits, and
employee participation in health care insurance.
Mayor Pro Tem Guest said the Benefits Committee had a tentative meeting for
Regular City Council Meeting
July 12„ 2004
Page 23
next week and would be ready for discussion at the next meeting. Mayor
Fendley said that item would be carried forward.
Mayor Fendley said the next item was discussion and consideration of possible
direction to City staff for the proposed Fiscal Year 2004-2005 City Budget.
Terry Townsend, Interim City manager, said he would meet with department
heads and then would present that new budget with the 5% budget cuts at the
meeting on July 27tn
Mr Townsend asked what the reason was for the budget cuts. Mayor Pro-Tem
Guest cited tax reduction as the main reason. He said that since 1993, there has
been 33% increase in ad valorem tax and also had an almost 50% increase in
property appraisals. He also mentioned that in the past ten years, the City has
added fifty-something employees.
Councilman Wilson said that the City is just now starting to pay for the bonds
that other Councils have put in to place.He related that the City had been
keeping ahead by raising taxes and raising valuations, but there has to be an
end.
He said the Bond payment had gone up from $271,000.00 to $1.3 million.
Councilman Guest wanted to know why.
Finance Director Anderson said a large portion of that is relocation of the
Police Department for $6,060,000.00. He also said the library was expanded
in 1993.
Councilman Guest said he felt like when Certificate of Obligations were done
instead of a Bond issue, the citizens were not given the input of whether they
wanted to go into this debt or not.
Finance Director Anderson said that the Council at that time was encouraged
to do a bond election of the new policy facility but elected to do a Certificate
of Obligation instead. City Attorney Schenk concurred.
Regular City Council Meeting
July 12„ 2004
Page 24
Councilman Wilson said the City of Paris has had a flat growth. He cited only
600 new water meters for ten (10) years, some of which were for sprinkler
systems, and only 150 new electrical meter connections. He said the biggest
growth in the budget has been in personnel.
Councilman Wilson continued that he felt confident that the citizens would do
the right thing if they were given an opportunity to vote on indebtedness.
There was an extensive discussion of the bond indebtedness and what could
and could not be used to pay down the bond debt. On a question from the
Council, Finance Director Anderson said the bond indebtedness included
$975,000 for expansion of the library, $750,000 for renovation of City Hall,
and $5,630,000 for the new Police facility. He indicated the Water and Sewer
Bonds were tax supported debt..
It was agreed that agenda items eleven (11) and twelve (12) would be carried
forward to the next Council meeting, which were discussion and consideration
of possible direction to City Staff for the proposed 2004-05 budget and
consideration of additional dates for special budget meetings.
On agenda item Fifteen (15), Councilman Bell reminded the Council of the
Dinner for Lt Governor Bill Ratliff.
On the discussion and possible direction to staff on the agenda process, the
Council decided by a vote of 7 ayes, 0 nays to do away with the computers.
They cited time constraints and problems with LaserFiche as part of the reason.
Councilman Bell made that motion and Councilman Guest seconded it.
City Attorney Schenk presented the following items for referrals to the
Planning an Zoning Commmission at their next meeting and then to brought
back to the Council at the August Sth meeting: part of Lot 12, City Block 52,
change in zoning to include a Historic Overlay District, being number 714
Graham St., Lot 5, City Block 163, being 623 6th Street SE, to include a
Regular City Council Meeting
July 12„ 2004
Page 25
Historic Overlay District, Lot 3, City Block 248-13, 1970 Clarksville Street, to
include a Historic District Overlay, Lot l, City Block 118, being number 357
W. Kaufman, to include a Historic Overlay District, the Church Street Historic
District to include a Historic Overlay District, and Lot 11, City Block 124, 429
Grand Avenue, Lots 13, 14 and 15 City Block 124, 410, and 428 W. Kaufman,
and Lot 16, City Block 124, 440 W. Kaufman to include a Historic Overlay
District, and Lot 5, City Block 112-13, 521 12th Street SE, from a Two Family
Dwelling District to a Multi-Family Dwelling District (MF-1).
There being no further business, the meeting adjourned.
CURTIS FENDLEY, MAYOR
ATTEST:
SHERIAN DIXON, ASST. CITY CLERK