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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