03 Council Min 11-18-04
SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS
Thursday, November 18, 2004
The City Council of the City of Paris met in Special Session at 6:00 p.m.,
Thursday, November 18, 2004 in the Community Exhibit Building, Red River
Valley Fair Grounds, 570 East Center Street, Paris, Texas. Mayor Curtis
Fendley called the meeting to order with the following Council members
present: Jim Bell, Jay Guest, Don Wilson, Karen Wilkerson and Rick Poston.
Also present were Interim City Manager Larry Shaw, City Attorney Larry
Schenk, and Asst. City Clerk Sherian Dixon.
Mayor Fendley called for consideration of and action on approving and
authorizing the employment of Tony Williams as City Manager for the City of
Paris, including a resolution approving any formal agreement, if necessary.
Mayor Fendley called the Council’s attention to a handout outlining items the
items which were agreed upon during a discussion between Mayor Fendley,
Interim City Manager Shaw and Tony Williams:
1. Three weeks vacation, ten days sick leave from date of
employment 2. $500.00 per month car allowance. Travel outside of
Lamar County to be reimbursed on mileage
3. Group term life insurance equal to one time salary
4. Medical and other benefits per employee handbook
5. Medical beginning December 1, 2004, if possible, if not pay
Cobra
Until eligible for coverage
6. Cell phone provided for business and personal use
7. Relocation expense $1000.00
8. Service club and professional association membership paid by
City
9. Annual salary $100,000.00
Mayor Fendley said there was no contract. It was suggested that possibly it
would be cheaper for the City to pay on Cobra from his former job and then go
on the City’s insurance in three months. Finance Director Anderson said he
would check to see which would be cheapest.
Special Meeting of the City
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November 18, 2004
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Councilman Guest made a motion to accept the provisions and employment of
Tony Williams as City Manager of the City of Paris. The motion was seconded
by Councilman Poston and carried 6 ayes, 0 nays. Mayor Fendley welcomed
Mr. Williams and said he would officially become City Manager December 1,
2004.
Mayor Fendley called for consideration and discussion of, possible action on
or providing direction to staff regarding the new Personnel Policy. He reminded
Council they had already received a copy of the new Personnel Policy and a
summary of the changes.
Councilman Wilson called Council’s attention to a statement concerning the
City sharing in the cost of retiree health insurance. He said he thought that for
anyone who was hired after October 1, 2004, the City would not pay a part of
their insurance premium. He said there should be a distinction in the policy
between existing employees and new hires, with those persons being hired after
October 1, 2004 having to pay for their own insurance when they retired. He
said the part about sharing in the retirees’ insurance cost would only apply to
existing employees, not new hires.
On the section on Workers’ Compensation, Councilman Wilson wanted to
clarify what could be used to supplement. Finance Director Anderson said they
can supplement with any of their leave with the exception of Sick Leave.
On another question from Councilman Wilson, Mr. Anderson explained that,
now, Workers Comp will pay a percentage of the individual’s salary. He said,
formerly, they could opt to use their sick leave to supplement that up to 100%
their current salary. He indicated the new policy would not allow them to use
their sick leave to do that.
On injury leave, Mr. Anderson said there is a five day injury leave for non-Civil
Service employees. There was a discussion among Council about removing the
injury leave entirely because that would not encourage people to return to work
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November 18, 2004
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and it was agreed to do so.
Councilwoman Wilkerson asked if the City was currently doing random drug
testing. Mr. Anderson said they had in the past but were not doing that
currently.
City Attorney Schenk said that there are only certain employees that they can
drug tested randomly, which would include law enforcement officers and heavy
equipment operators. He said the current policy allows for drug testing for all
employees for reasonable suspicion. City Attorney Schenk said that the law did
not permit random testing for all employees, but he would research that again
just to make sure.
Councilman Guest mentioned that he did not remember allowing an
accumulation of 135 days of sick leave in previous discussions. Finance
Director Anderson said the sell back of sick leave was eliminated but the
Council did not change the amount of accumulation.
Mayor Fendley called for consideration and discussion of and possible action
on authorizing the creation of a system of tax exemptions for properties located
in the historic districts. Councilman Wilson asked to be excused because he
had a piece of property in an historic district. Councilman Guest made a motion
for Councilman Wilson to be excused. Councilman Poston seconded the
motion and it carried 5 ayes, 0 nays. Councilman Wilson left the room.
City Attorney Schenk said he had discussed this ordinance with Cathy Jackson
of Lamar County Appraisal District and with John Bolster, a tax attorney for
the City of Paris and the school districts and whose firm represents the
Appraisal District. City Attorney Schenk pointed out minor changes in the
ordinance to the Council.
Councilman Bell asked who would override if the City thought the property
deserved the exemption and the Appraisal District did not. City Attorney
Schenk said the ordinance was our ordinance and we would override. He said
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November 18, 2004
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the exemption would only apply to exterior improvements.
Councilman Bell said the exemptions should include the things that the
Historic Commission has authority over, such as fencing. City Attorney Schenk
said he could say improvements to the property that would require a certificate
of appropriateness. Councilman Bell suggested adding to the roof, foundation,
outer walls and fences.
In answer to the question if other taxing entities could adopt a similar policy,
City Attorney Schenk said Paris Junior College and the County could adopt a
similar policy, but the school districts would have to go to their state
organizations. He said they could make changes in the dollar amounts, things
which qualify and the time length. Mayor Fendley said we could send a copy
of our approved ordinance to the other entities.
ORDINANCE NO. 2004-055
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING CHAPTER THIRTY TO THE CODE OF
ORDINANCES ENTITLED TAXATION, TO REPEAL THE EXISTING
ARTICLE IV THERETO, ENTITLED “TAX EXEMPTION FOR
HISTORICAL STRUCTURES”; PROVIDING FOR AN EXEMPTION OF
THE INCREASE IN THE ASSESSED VALUE OF CERTAIN PROPERTIES
FOR TAX PURPOSES WHICH ARE REPAIRED, RENOVATED, OR
REHABILITATED AND ARE LOCATED IN AREAS OF THE CITY
DESIGNATED AS HISTORIC DISTRICTS PURSUANT TO THE CITY’S
HISTORIC PRESERVATION ORDINANCE AND THE CITY’S ZONING
ORDINANCE; ESTABLISHING GUIDELINES AND CRITERIA FOR TAX
EXEMPTION; PROVIDING A REPEALER; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE, WAS PRESENTED.
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November 18, 2004
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Councilman Bell made a motion to approve the ordinance as amended. The
motion was seconded by Councilman Guest and carried 5 ayes, 0 nays.
Councilman Wilson re-entered the meeting at 7:20 p.m. and Councilman Bell
left the meeting for another engagement.
ORDINANCE NO. 2004-056
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE
ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 8.448
ACRES, MORE OR LESS, AS REQUESTED BY PETITION OF THE
OWNERS THEREOF; GRANTING TO SAID TERRITORY AND TO ALL
FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS
AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE
INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY
OF PARIS; 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 Guest made a motion to approve the ordinance, which was
seconded by Councilwoman Wilkerson. The motion carried 5 ayes, 0 nays.
ORDINANCE NO. 2004-057
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE
ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 5.187
ACRES, MORE OR LESS, AS REQUESTED BY PETITION OF THE
OWNERS THEREOF; GRANTING TO SAID TERRITORY AND TO ALL
FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE ACTS AND
ORDINANCES OF THE CITY OF PARIS; 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 Poston made a motion to approve the ordinance, which was
seconded by Councilwoman Wilkerson. The motion carried 5 ayes, 0 nays.
On future agenda items, City Attorney Schenk mentioned amendments to the
charter, the tower ordinance, the contract for the FBO to manage the Airport,
and the personnel policy.
There being no further business, the meeting adjourned.
______________________________
CURTIS FENDLEY, MAYOR
ATTEST:
__________________________________
SHERIAN DIXON, ASST. CITY CLERK