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03 Council Min 09-22-04.wpd SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS September 22, 2004 The City Council of the City of Paris met in Special Session Wednesday, September 22, 2004 at 4:00 p.m. at the Love Civic Center, 2025 S. Collegiate Drive, Paris, Texas. Mayor Curtis Fendley called the meeting to order with the following Council members present: Jim Bell, Jay Guest, Mary Ann Fisher, Don Wilson, Karen Wilkerson, and Rick Poston. Also present were Interim City Manager Larry Shaw, City Attorney Larry W. Schenk and Asst. City Clerk Sherian Dixon. Mayor Fendley opened the Public Hearing for amendments to the 2004-2005 City Budget and asked if anyone wanted to speak. No one appeared to speak and Mayor Fendley closed the Public Hearing. Mayor Fendley presented Chris Hartung of the Waters Consultant Group, who gave a report regarding the City Manager candidates. He said they received almost seventy (70) resumes and a couple of those withdrew. Mr. Hartung said they screened those candidates and had interviews with them and narrowed the selection down to four candidates. He said they felt these candidates were highly qualified and were ready to discuss when the Council would like to do interviews. City Attorney Schenk reminded the Council of the lawsuit concerning the City Charter and Open Meetings. He explained that the only things that can be discussed in Closed Meetings, according to the current City Charter, is legal advice or counsel. He did say that one or two Council persons could talk to the candidates individually but could not discuss anything until the Public meeting. Interim City Manager Shaw suggested having warm up sessions with the candidates, possibly with two Councilpersons at a time, just to get to know the candidates and then later doing interviews in Open Session. th Chris Hartung said he had cleared the week of October 4 with the candidates and suggested having the formal interviews as close together as possible. Council decided to interview as many as possible on Monday, October 4, 2004 Special Meeting of the City Council September 22, 2004 Page 2 and bring the candidates in on Sunday so they would have an opportunity to see Paris. There was another discussion of the Open Meetings implications and Mr. Hartung said the candidates will have the expectation that their names will be known when they come for the interview and that their interviews will be conducted in a public meeting. It was the consensus of Council to go ahead with the meetings on Monday, th October 4, at 9:00 a.m. and have them one hour apart and then have a meeting for the interviews later that afternoon. Mayor Fendley called for consideration and discussion of and direction to staff on the 2004-2005 Fiscal Year Budget. Interim City Manager Shaw said that at the last meeting, the Council had questions as to the staffing ordinance pertaining to the Fire Department. He called the Council’s attention comparing the staffing, overtime and various aspects of the Paris Fire Department with Fire Department of Tyler, Texas. He explained that a lot of overtime in the Paris Fire Department was caused by the 7-day pay cycle. He went over the options. Interim City Manager Shaw said he recommended changing the ordinance tonight and eliminating the three positions and going to the 28-day pay cycle. The Council discussed the sick leave and accident policy. Mr. Shaw said that the Sick Leave Policy for the City of Paris was very liberal. He mentioned that would be addressed in the new Personnel Policy. Councilman Wilson said the accident policy was unique to Paris. He said there were 6,000 hours off time for accidents and that was way too much. He explained that when a person is off more than seven (7) days for an accident, the person is paid 65% of their salary by Workers Comp, but the City Special Meeting of the City Council September 22, 2004 Page 3 supplements that to full pay. He said that gave them no incentive to get better. Councilwoman Fisher left the meeting at 4:20 p.m. It was the consensus of Council for City Attorney Schenk to bring back a resolution to change the pay cycle from 7 days to 28 days. Councilman Wilson asked that the accident policy for non-Civil Service employees be discussed again. Mayor Fendley said that an ordinance amending the staffing levels of the Fire Department was tabled at the last meeting would need a motion to bring that from the table. Councilwoman Wilkerson so moved and Councilman Poston seconded the motion. The motion carried 6 ayes, 0 nays. ORDINANCE N0. 2004-050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING SECTION 12-1 OF SAID CODE TO AUTHORIZE THE STAFFING LEVELS OF THE FIRE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. City Attorney Schenk said that would lower the number of Firefighters by three (3). A motion to adopt the ordinance was made by Councilman Poston, which was seconded by Councilman Wilson. The motion carried 6 ayes, 0 nays. Councilwoman Fisher returned to the meeting at 4:30 p.m. ORDINANCE NO. 2004-047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, Special Meeting of the City Council September 22, 2004 Page 4 PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30. 2005, AS AMENDED, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. Councilman Bell made a motion to approve the Ordinance, which was seconded by Councilman Guest. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2004-048 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE YEAR 2004 UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF PARIS IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. Mayor Fendley said this was leaving the tax rate as it stands. Councilman Guest made a motion to approve the Ordinance. Councilman Wilson seconded the motion and it carried 7 ayes, 0 nays. ORDINANCE NO. 2004-049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SOUTHERN DISPOSAL, INC., FOR THE Special Meeting of the City Council September 22, 2004 Page 5 PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. City Attorney Schenk said Council had approved two of these previously and this third permit would be for Southern Disposal, Inc. Council discussed how they were regulated and how they were charged. Councilman Wilson asked Finance Director Anderson to find some firms that would go in and audit these companies and find more charges. Councilman Bell made a motion for approval of the Ordinance, which was seconded by Councilman Poston. The motion carried 7 ayes, 0 nays. Resolution No. 2004-163, authorizing the transfer of budgetary appropriations from unencumbered appropriation balances to over expended accounts as allowed in Section 58 and 70 of the Charter of the City of Paris, was presented. Mayor Fendley said this was year end clean up. Councilman Guest made a motion to approve the resolution and Councilwoman Fisher seconded the motion. A discussion of the appropriations followed. The motion carried 7 ayes, 0 nays. Resolution No. 2004-164, electing to become eligible to participate in tax abatement agreements as authorized under the Property Development and Tax Abatement Act, and directing the City Manager to develop guidelines and criteria to govern all tax abatement agreements within the City of Paris, was presented. City Attorney Schenk said there were two tax abatement requests pending. Councilwoman Fisher made a motion for approval. Councilman Bell seconded the motion and it carried 7 ayes, 0 nays. Resolution No. 2004-165, adopting Guidelines and Criteria governing Tax Special Meeting of the City Council September 22, 2004 Page 6 Abatement Incentives within the City of Paris and its Extraterritorial Jurisdiction, was presented. A motion for approval was made by Councilman Guest. The motion was seconded by Councilman Bell and carried 7 ayes, 0 nays. Resolution No. 2004-166, approving and authorizing the execution of an Agreement for Temporary Closure of Right of Way for the 2004 Festival of Pumpkins, was presented. Councilwoman Wilkerson mad a motion to approve the Resolution. The motion was seconded by Councilman Guest and carried 7 ayes, 0 nays. Resolution No. 2004-167, awarding the bid and authorizing the execution of a contract for the Rehabilitation and Reconstruction of the City Hall and Central Fire Station Building, was presented. City Engineer Shawn Napier gave the Council a memo showing the bids and alternates. He said Charlie Clark Construction turned in the lowest bid. He explained how the inside and outside of the building would look. He said CO’s were issued for this and the CO was originally $500,000.00, several years ago, and has been re-estimated to $750,000.00. Interim City Manager Shaw said there was enough money left in the original CO to pay for this. A discussion ensued on CO’s. It was explained that the main part of the project would install the elevator and make handicap accessible restrooms, with Option 1 providing the Council bench and raised platform and all of the audio-visual rough ins. Option 2 would put window units in the arched openings instead of the doors. A motion was made by Councilwoman Wilkerson for approval of the resolution. The motion was seconded by Councilwoman Fisher and carried 7 ayes, 0 nays. Resolution No. 2004-168, approving and authorizing the execution of a Reconciliation Change Order to the contract for the construction of the 24" RCCP Water Transmission Line associated with the construction of a new Elevated Water Storage Tank on Bonham Street, was presented. Mayor Fendley confirmed that was a $34,000.00 increase. A motion was made Special Meeting of the City Council September 22, 2004 Page 7 by Councilman Wilson for approval, which was seconded by Councilman Bell. The motion carried 7 ayes, 0 nays. Resolution No. 2004-169, accepting and approving the Paris Economic Development Corporation Budget for the Fiscal Year October 1, 2004 to September 30, 2005, was presented. Councilwoman Fisher made a motion for approval, which was seconded by Councilman Bell. The motion carried 7 ayes, 0 nays. Councilwoman Wilkerson left the meeting at 5:20 p.m. Resolution No. 2004-170, accepting and approving the Love Civic Center, Chamber of Commerce of Lamar County, Budget for the Fiscal Year October 1, 2004 to September 30, 2005, was presented. Councilman Poston made a motion to approve, which was seconded by Councilman Guest. The motion carried 6 ayes, 0 nays. Mayor Fendley reminded the Council that the next nine (9) items were the special services agreements discussed previously with the particular entities. City Attorney Schenk related that the individual scope of services agreements have been reviewed by each of the agencies and approved. Resolution No. 2004-171, approving and authorizing a Professional Services Agreement with the American Red Cross to perform certain specialized services on behalf of the City of Paris, was presented. Councilman Guest made a motion to approve, which was seconded by Councilman Wilson. The motion carried 6 ayes, 0 nays. Resolution No. 2004-172, approving and authorizing a Professional Service Agreement with the Children’s Advocacy Center to perform certain specialized services on behalf of the City of Paris, was presented. Councilman Bell made a motion to approve, which was seconded by Councilwoman Fisher. The motion carried 6 ayes, 0 nays. Special Meeting of the City Council September 22, 2004 Page 8 Resolution No. 2004-173, approving and authorizing a Professional Services Agreement with the Family Haven Crises Center to perform certain specialized services on behalf of the City of Paris, was presented. Councilwoman Fisher made a motion to approve, which was seconded by Councilman Guest. The motion carried 6 ayes, 0 nays. On a question from Councilman Wilson, City Attorney Schenk explained there was a requirement in each agreement for a financial statement, as well as a statement as to the number of Paris residents served. Resolution no. 2004-174, approving and authorizing a Professional Services Agreement with Keep Paris Beautiful to perform certain specialized services on behalf of the City of Paris, was presented. Councilman Poston made a motion to approve, which was seconded by Councilman Guest. The motion carried 6 ayes, 0 nays. Resolution No. 2004-175, approving and authorizing a Professional Services Agreement with the Lamar County Human Resources to perform certain specialized services on behalf of the City of Paris, was presented. Councilwoman Fisher made a motion to approve, which was seconded by Councilman Bell. The motion carried 6 ayes, 0 nays. Resolution No. 2004-176, approving and authorizing a Professional Services Agreement with the Northeast Texas Council on Alcohol and Drug Abuse (NETCADA) to perform certain specialized services on behalf of the City of Paris, was presented. Councilman Bell made a motion to approve, which was seconded by Councilman Guest. The motion carried 6 ayes, 0 nays. Resolution No. 2004-177, approving and authorizing a Professional Services Agreement with the Models of the Maker to perform certain specialized services on behalf of the City of Paris, was presented. Councilwoman Fisher made a motion to approve, which was seconded by Councilman Wilson. The motion carried 6 ayes, 0 nays. Special Meeting of the City Council September 22, 2004 Page 9 Resolution No. 2004-178, approving and authorizing a Professional Services Agreement with Casa for Kids to perform certain specialized services on behalf of the City of Paris, was presented. Councilman Bell made a motion to approve, which was seconded by Councilman Poston. The motion carried 6 ayes, 0 nays. Resolution No. 2004-179, approving and authorizing a Professional Services Agreement with the Breakfast Optimist Club to perform certain specialized services on behalf of the City of Paris, was presented. Councilman Wilson made a motion to approve, which was seconded by Councilman Guest. The motion carried 5 ayes, 1 nays, Councilman Poston voting no. Mayor Fendley called for Item 8, which was rejecting all bids for furnishing and delivery of Potassium Permanganate for use in the Water Treatment Plant. Utilities Director John Clack indicated that the bid had originally been awarded to JLM Marketing, but on further inspection, it was found that they had failed to meet the specifications. He said they would be going back out for bids. Councilman Bell made a motion to reject the bids. The motion was seconded by Councilman Wilson. The motion carried 6 ayes, 0 nays. On future agenda items, the Worker’s Comp. Accident Pay Policy for non-Civil Service, the 7 day to 28 day cycle, all employees who have received an increase in salary or step and grade since January 1, 2004,the building permit ordinance, the ordinance on engine brakes in City limits, Archers for Christ, nonprofit organization funding, historic abatements, cell tower ordinances, inspectors, consent agenda, the City Manager, and the City Charter were mentioned. Interim City Manager Shaw suggested that the Council meetings were too close together. It was decided to discuss some of these items at the City Council meeting that deals with Planning and Zoning items and the rest at the other City Council meeting. It was decided to talk about the Charter in November. There being no further business, the meeting adjourned. ________________________________ Special Meeting of the City Council September 22, 2004 Page 10 CURTIS FENDLEY, MAYOR APPROVED AS TO FORM: __________________________________ SHERIAN DIXON, ASST. CITY CLERK