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.
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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
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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,
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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
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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,
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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
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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
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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
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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.
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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.
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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.
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CURTIS FENDLEY, MAYOR
APPROVED AS TO FORM:
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SHERIAN DIXON, ASST. CITY CLERK