05-APPROVAL OF OFFICIAL RECORD OF SEPTEMBER COUNCIL MEETINGSubmittal Date:
10/04/2012
Council Date:
10/08/2012
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Originating Department: I Presented By:
City Clerk
RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE�S�:
Approval of Official Record of Council.
BACKGROUND:
Janice Ellis
Council Minutes from the meeting of September 24, 2012.
BOARD�COMMISSION RECOMMENDATION:
EXHIBITS:
The attached minutes from the meeting
ACTION:
❑ Financial Report � Minute Order
❑ Department Report ❑ Resolution
❑ Presentation ❑ Ordinance
❑ Public Hearing ❑ Other
BUDGET INFO:
Budgeted Amt.
YTD Actual
Acct. Name
Acct. Number
$
$
$
Agenda Item No.:
5.
City of Paris Revised 2/04/08
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
September 24, 2012
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
September 24, 2012, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: A.J. Hashmi
Council Members: Aaron Jenkins; Billie Lancaster; John Wright;
Richard Grossnickle; Matt Frierson; and
Cleonne Drake
City Staf£ John Godwin, City Manager; Kent McIlyar, City
Attorney; Janice Ellis, City Clerk; Shawn Napier,
City Engineer; Bob Hundley, Police Chief; Ronnie
Grooms, Fire Chief; Gene Anderson, Finance
Director; Ron Sullivan, Public Works Director; and
Kent Klinkerman, EMS Director
OAening Agenda
Call �neeting to order.
Mayor Hashini called the meeting to order at 5:30 p.m.
2. Invocation.
Pastor Bob Bush gave the invocation.
3. Pledge of Allegiance.
Council Member Grossnickle led the pledge.
4. Citizens' forum.
Pat Conrad, 665-26th S.E. — she inquired when new sidewalks, lights and trash cans were
going to be installed west of the Plaza.
Consent A�enda
Mayor Hashmi inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. Council Member Wright asked that item 11 be pulled for
discussion. He said first three change orders were brought to Council but not change order four
and that the process should be consistent.
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Regular Council Meeting
September 24, 2012
Page 2
A Motion to approve the Consent Agenda was made by Council Member Drake and
seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays.
5. Discuss and act on the approval of minutes from the meeting on September 4, 2012;
September 5, 2012; September 6, 2012; September 10, 2012; and September 17, 2012.
6. Receive and discuss reports and/or minutes from the following boards, commissions, and
committees:
a. Airport Advisory Board (6-21-2012 & 7-19-2012)
b. Planning and Zoning Commission (7-2-2012)
c. Traffic Commission (8-7-2012)
d. Paris Economic Development Corporation (8-14-2012)
7. Discuss August monthly financial report.
8. Discuss August drainage ditch maintenance report.
9. Discuss dilapidated structure report.
10. Discuss possible future amendments to the City of Paris Charter.
11. Discuss and act on a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, APPROVING CHANGE ORDER NO FIVE TO THE CONTRACT
BETWEEN BOBBY SMALLWOOD CONSTRUCTION CO., INC. AND THE CITY
OF PARIS, TEXAS IN THE AMOUNT OF TWO HUNDRED SEVEN THOUSAND
SIX DOLLARS AND 62/100 ($237,006.62) FOR CLARKSVILLE STREET
DOWNTOWN SIDEWALK PROJECT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
Re�ular Agenda
12. Discuss, public hearing and act on RESOLUTION NO. 2012-081: A RESOLUTION OF
THE CITY COUNCIL, OF THE CITY OF PARIS, TEXAS, APPROVING AN
APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF
AGRICULTURE TEXAS CAPITAL FUND MAIN STREET PROGRAM; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Napier explained this project was for replacement of sidewalk on both sides of
Bonham Street from First Street to Second Street, and a portion of sidewalk in front of the YWC
that had trip hazards. Mayor Hashmi said he did not favor the ideal of replacing sidewalks
without also replacing the infrastructure. Mr. Napier said they could not place infrastructure
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Regular Council Meeting
September 24, 2012
Page 3
under sidewalk on this specific project because of location of basements. Council Member
Grossnickle suggested they look at other options for replacing infrastructure and emphasized that
the City did not want to lose this grant opportunity. Council Member Wright expressed concerns
about safety hazards prior to replacement of the sidewalks. Mr. Godwin said the City would
initiate measures to ensure safety.
Mayor Hashmi opened the public hearing and asked for anyone wishing to speak of
support of this item, to please come forward. Mayor Hashmi asked for anyone wishing to speak
of opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed
the public hearing.
A Motion to approve an application for funding for a sidewalk improvement project was
made by Council Member Grossnickle and seconded by Council Member Lancaster. Motion
carried, 7 ayes - 0 nays.
13. Public hearing on proposed amendments to budget for fiscal year 2012-2013 for the City
of Paris.
City Manager John Godwin said the only amendment was the addition of $15,000 for the
animal shelter for education purposes and vouchers for the spay and neuter program.
Mayor Hasl�uni opened the public hearing and asked for anyone wishing to speak of
support of this item, to please come forward. Mayor Hashmi asked for anyone wishing to speak
of opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed
the public hearing.
14. First reading, discuss and possibly act on ORDINANCE NO. 2012-024: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING
OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, IN ACCORDANCE WITH
THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS
AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
A Motion to invoke the super majority rule was made by Council Member Frierson and
seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays.
A Motion to adopt the budget except for the money saved on the bond, that any project
the manager deems necessary be fixed or allowed, and the expenses come out of the general fund
was made by Council Member Wright and seconded by Mayor Hashmi. Council Member
Frierson asked for clarification. Council Member Wright said he wanted to approve the budget
subject to reserving the funds saved from the bond, the 2.2 inillion to be used for the
infrastructure when they get the plan, but allow any project the Manager deems necessary to be
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September 24, 2012
Page 4
paid for out of the general fund. Council Meinber Frierson confinned it had to be deemed
necessary by the City Manager. Mr. Godwin confirmed that items such as SCADA, was to be
funded from the general fund reserves. Council Member Frierson inquired about the money
allocated for the water and sewer line projects. Council Member Wright said that would come
out of the general fund. Mayor Hashmi confirmed that whatever the City Manager decided to
spend that he could spend out of the general fund, but the 2.2 million bond money would not be
spent until a plan was in place for infrastructure. Council Member Frierson also confirmed that
the City Manager was authorized to start the work October 1 S`. Mayor Hashmi said he seconded
the Motion and asked if anyone was opposed. Motion carried, 7 ayes — 0 nays.
15. First reading, discuss and possibly act on ORDINANCE NO. 2012-025: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FIXING
THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES
FOR THE CITY OF PARIS FOR THE CALENDAR YEAR 2012 UPON ALL
TAXABLY PROPERTY WITHIN THE CITY OF PARIS 1N 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.
Mr. Godwin said the tax rate was 41.487 cents per $100 of value and debt service cost
was 9.620 cents per $100 value. Mr. Godwin also said that the tax rate was 51.107, which was a
reduction of almost a penny. Mr. Godwin informed City Council that this tax rate was the lowest
it had been since 1993. Mayor Hash�ni expressed appreciation to the City Manager John Godwin
and Finance Director Gene Anderson for their work on the budget.
A Motion to invoke the super majority rule was made by Council Member Lancaster and
seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to approve
this itein was made by Council Member Frierson and seconded by Council Member Drake.
Motion carried, 7 ayes — 0 nays.
16. First reading, discuss and possibly act on ORDINANCE NO. 2012-026: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER
FUNDS FROM UNENCUMBERED APPROPRIATION BALANCES TO OVER-
EXPENDED ACCOUNTS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTNE DATE.
Finance Director Gene Anderson explained this was an annual year-end housekeeping
ordinance the increased certain departmental budgets to cover anticipated expenditures. Mr.
Anderson said the increases were offset by decreasing other departmental budgets and the total
budget remained unchanged.
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Regular Council Meeting
September 24, 2012
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A Motion to invoke the super majority rule was inade by Council Member Wright and
seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays.
A Motion to approve this itein was made by Council Member Lancaster and seconded by
Council Member Drake. Motion carried, 7 ayes — 0 nays.
17. First reading, discuss and possibly act on ORDINANCE NO. 2012-027: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO
GLENN AND DEBI BOLYARD D/B/A TRASITY BUSINESS FOR THE PURPOSE
OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING
SOLID WASTE FROM COMMERCIAL AND 1NDUSTRIAL 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.
A Motion to invoke the super majority rule was made by Council Member Wright and
seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays.
A Motion to approve this item was made by Council Member Drake and seconded by
Council Member Wright. Motion carried, 7 ayes — 0 nays.
18. Discuss and act on RESOLUTION NO. 2012-082: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING A MEMBER TO THE
MAIN STREET ADVISORY BOARD TO SERVE THE UNEXPIRED TERM OF
KARI DANIELS, WHICH EXPIRES JUNE 30, 2014; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
A Motion to appoint Fred Green to serve the unexpired term of Kari Daniels was made
by Council Grossnickle and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays.
19. Receive report, discuss and possibly act on drainage problem on York Street.
City Engineer Shawn Napier said they had finished a plan to redo the drainage behind the
property and had been trying to get in touch with the property owner, Mr. Hill. Mr. Napier said
Mr. Hill would need to approve re-grating the channel. He said they had done training on their
new survey equipment and hoped to survey the area behind Ms. Carcuffe's property within the
week. Council Member Wright asked about a completion date. Mr. Napier said if Mr. Hill
would sign off on their plan, they would try to proceed as soon as possible. Council Member
Wright thanked Mr. Napier and also expressed appreciation on behalf of Ms. Carcuffe.
20. Discuss and provide direction on policy requiring two readings of an ordinance and other
agenda processes.
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Mayor Hashmi said his initial suggestions were iteins such as preliminary plats be placed
on the consent agenda. Mayor Hashmi said he was opposed to conducting two public hearings
for disannexations on the same night because of perception. Mr. Godwin agreed. Mayor
Hashmi said the decision setting rank and file within the Police and Fire Departments should
continue to be made by the City Council. John Godwin said City Council might want to consider
the requirement of second readings for ordinances, because it would allow them to be placed on
the consent agenda. Council also discussed the policy of requiring any item over 15,000 coming
back to the Council for approval. It was a consensus of the City Council that if an item was
already budgeted and pre-approved by the Council that it did not need to go to Council for
approval again. It was also a consensus of City Council that staff did not need to bring expenses
that were over $50,000 to Council for approval unless it was required by State Law. Mayor
Hashmi and Council Member Wright expressed concern about multiple changes orders that
exceeded the limit. Mr. Godwin said he would bring a policy for review by City Council with
regard to certain plats, changes orders and second readings of ordinances.
21. Discuss merit raises for city employees.
Mayor Hashmi said that Council Member Wright requested this item. Council Member
Wright said they had some fantastic city employees, that merit raises were good, and that people
who qualified should be recognized. He also said he thought there should be a policy as to the
decision reached for awarding merit raises. Mayor Hashmi said he would like to know which
employees got the merit raises and he would like to recognize them in a Council meeting for
their hard work. Council Member Frierson said individuals might get tension or stress from their
co-workers. Mr. Godwin said he would like to brag on those employees, but some of those
einployees would not want to be publically recognized for a merit raise. Mr. Godwin also said it
did not mean that the 80% of the employees who were not getting raises were not good
einployees and it could hurt their feelings. Mr. Godwin said he had been on the job for three and
one-half months and this first year had depended on supervisors' opinions and for the most part
followed those recommendations. Council Member Wright wanted to know if any consideration
was given as to whether or not they got a step pay increase along with the merit raise. Mr.
Godwin said raises should be based on merit, so that you could get a merit raise and a step
increase both in the same year. Council Member Wright asked Mr. Godwin if he found out
differently to let thein know. On behalf of the employees receiving merit raises, Mr. Godwin
thanked the Council.
22. Convene into Executive Session:
Mayor Hashmi convened City Council into Executive Session at 6:29 p.m.
a. Pursuant to Section 551.072 of the Texas Governinent Code, to discuss the
purchase, exchange, lease, or value of real property.
b. Pursuant to Section 551.071 of the Texas Government Code, Consultation with
Attorney, to receive legal advice from the City Attorney about pending or
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September 24, 2012
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conteinplated litigation and/or on matters in which the duty of an attorney to his
client under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflicts with this chapter, as follows:
• Cause No. 81106; Ceclia Kane vs. Paris-Lamar County Health
Department and Anthony Bethel; 62"d Judicial District Court, Lamar
County, Texas.
• Jack Besteman claim.
23. Reconvene into open session and possibly take action on those inatters discussed in
Executive Session.
Mayor Hashmi reconvened City Council into open session at 7:52 p.m. and said that
Council was going to discuss item 22 a. in open session. Andy Faskin, residing at 4095 Sunset
View said he represented the RAM Foundation and they were trying to help the Health
Department and New Hope Shelter get into a new facility. Mr. Faskin said his understanding
was that the City was interested in helping purchasing a building, but the County was not and
that RAM Foundation would like to step in and help. Mr. Faskin told the Council they were
flexible as to how to set it up. Mayor Hashmi asked Mrs. Prestridge about the estimated cost of
rehabilitation of the building. She informed the Council she had met with Bobby Smallwood and
the bid was $107,500 but that they could cut some expenses reducing it to $100,000. Mrs.
Prestridge said the cost of the building was $200,000. Council Member Drake said she would
first like to see an appraisal of the building. Council Member Grossnickle asked if grants had
been pursued and Mr. Faskins said they were working on options. City Council Members
expressed appreciation to Mr. Faskins and decided to postpone this item to a future meeting
pending additional information.
24. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Mr. Godwin reminded everyone that the fair would open the following day.
25. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Frierson and was seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. The
meeting was adjourned at 7:04 p.m.
JANICE ELLIS, CITY CLERK
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A.J. HASHMI, MAYOR
Regular Council Meeting
September 24, 2012
Page 8
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