02 City Council (11/11/02)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF PARIS
November 11, 2002
The City Council of the City of Paris, met in regular session, Monday, November
11, 2002, at 6:00 P. M., Paris Junior College, Applied Technology Building,
Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor Pro Tem Richard
Manning called the meeting to order with the following Council Members
present: John F. Bell, Joe E. McCarthy, Francine Neeley, Willie Weekly, Sr., and
Benny Plata Also present were City Manager Michael E. Malone, City Attorney
Larry W. Schenk, and City Clerk Mattie Cunningham.
Invocation was given by Councilman Joe E. McCarthy.
Mayor Pro Tem Manning called for the approval of the minutes of previous
meetings and asked if there were any changes or corrections. Councilman
McCarthy pointed out a typographical error in the October 14, 2002, City
Council minutes on page eight. With that correction, the minutes were approved
as presented.
City Manager Malone announced that the next item on the agenda was receipt of
reports from committees, boards, and commissions. Minutes from the Paris
Public Library Advisory Board, Paris/Lamar County Board of Health, Airport
Advisory Board and the Paris Economic Development Corporation were
furnished with no action being required.
Eric Roddy, Assistant Director for the Paris Economic Development
Corporation, came forward presenting the quarterly report for the Paris
Economic Development Corporation. Mr. Roddy said it has been a very
exciting quarter for the Paris Economic Development Corporation. The PEDC
sales tax receipts were at a record high and the Paris economy is holding strong
in spite of the national trend.
Mr. Roddy advised that there were 46 inquiries from the marketing efforts from
the Texas Department of Economic Development. Mr. Roddy said that on
September 3, 2002, they had a site visit by a company referred to a Project
Winter. The company wants to construct a 700,000 square foot facility, which
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November 11, 2002
Page 2
would bring approximately 225 jobs to our community. He advised that gas and
power supply were major requirements for this company. Mr. Roddy showed the
City Council photographs of two sites that were shown to this company. Site
Number Two is right next to Kimberly-Clark, which is close to the power plant
and there is a twelve-inch gas line on the site. Another site is located directly
behind Turner International Piping and this site also has a major power line
across it as well as a gas line. Mr. Roddy said the company came down and they
showed the company these sites and they were very impressed with site Number
Two. The company asked them to go out and get a soil sample, which has been
done, and the results were submitted to the company last week.
Mr. Roddy reported that work is moving ahead on the new Northwest Industrial
Park. The park is being developed into a state-of-the-art industrial site. Their
primary objective is to create a park that industry desires.
Mr. Roddy reported that on September 25, 2002, he and Gary Vest traveled to
San Antonio for the Texas Economic Development Council's annual meeting.
Mr. Roddy said they felt that the next legislative session is going to be one of the
most challenging. The state is projecting anywhere from a five to twelve million
dollar shortfall. He said it was his belief that the state's answer is economic
development. Mr. Roddy assured the City Council that he and Mr. Vest will be
in Austin to show how important our economic development sales tax is to Paris.
Mr. Roddy advised that NETMOB traveled to Austin on October 31, 2002, to
show support for the completion of Highway 24. As you know, the completion
of Highway 24 is vital to the future success of our current and future companies.
Mr. Roddy thanked the City Council for their support in Austin and stated that
having our community represented so well would make a difference.
Ronnie Grooms, Fire Chief, came forward asking that Charles Williams and Gary
Gentry, who are citizens of Paris, come forward. Chief Grooms commended
them for their valiant efforts on the morning of October 20, 2002, in activating
the emergency 911 system and in trying to save a fellow citizen. Fire Chief
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November 11, 2002
Page 3
Grooms presented each citizen with a certificate of appreciation. The Fire Chief
also asked Firefighters Brian Palmer, Dan Frey, and Ronnie Bass to come
forward and commended them for excellence in the line of duty by extricating a
person from a burning structure and providing initial care. Fire Chief Grooms
presented each firefighter with a plaque of appreciation.
Mayor Pro Tem Manning called for consideration of and action on an ordinance
amending the Code of Ordinances of the City of Paris, Paris, Texas, by repealing
Sec. 11-44, eliminating the requirement for a bond by applicants for electrical
contractors' licenses, revising Sec. 11-91, adopting the National Electrical Code,
2002 Edition, and repealing Sec. 11-92.
Steven Methven, Chief Building Inspector, came forward and explained that for
years the City of Paris has required plumbers, HVAC people, and electricians to
have a $1,000.00 Surety Bond, which would take care of the job if the contractor
did not finish the job. Mr. Methven advised that he has been with the city for 24
years and has not seen one of the bonds used. He said it was a burden on an
electrician to have to purchase the extra bond. Mr. Methven advised the City
Council that plumbers, HVAC people, and electricians carry liability insurance,
so it is actually covered under their liability. Mr. Methven advised the City
Council that the electricians are licensed by the City of Paris and the plumbers
and HVAC people are licensed by the State of Texas as are the people who install
sprinkler systems. They are required to have certain bonding and the City of
Paris cannot make them bond if they meet the requirements of their state license.
After discussion, a motion was made by Councilman McCarthy, seconded by
Councilwoman Neeley to table action on this ordinance and requested checking
with other cities to see what they are doing and what their fees were, and to bring
that information back to the City Council. The motion carried 6 ayes, 0 nays.
Resolution No. 2002-166, approving the form of the Certification Agreement
between the Texas Historical Commission and the City of Paris for participation
in the Certified Local Government Program, and authorizing and directing the
Mayor to execute on behalf of the City of Paris, the Certificate Agreement
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November 11, 2002
Page 4
between the Texas Historical Commission and the City of Paris for participation
in the Certified Local Government Program, was presented. A motion was made
by Councilman Bell, seconded by Councilwoman Neeley, for approval of the
resolution. The motion carried 6 ayes, 0 nays.
Resolution No. 2002-167, a resolution of the City Council of the City of Paris,
Paris, Texas, authorizing on behalf of the City of Paris a waiver of eligibility to
apply for a grant from the Juvenile Accountability Incentive Block Grant
Program; designating Lamar County as the recipient of the City's share of said
grant, with the City of Paris participating in the Juvenile Crime Enforcement
Coalition created by Lamar County; approving the form of the aforesaid grant
waiver of application; authorizing the execution of said waiver; authorizing
participation in the juvenile crime enforcement coalition created by Lamar
County; authorizing participation by the Chief of Police, was presented. A
motion was made by Councilman Weekly, seconded by Councilman Bell, for
approval of the resolution. The motion carried 6 ayes, 0 nays.
Mayor Pfiester entered the council chambers at 6:32 P.M., and he assumed his
seat at the council table.
ResolutionNo. 2002-168, approving demolition and construction services related
to the City's annual street maintenance program be advertised for bids to be
received after due notice at the office of the City Manager of the City of Paris,
City Hall, 135 1st Street S.E. Paris, Texas 75460, until 3:00 P.M. on Tuesday,
December 3, 2002, or at such other date and time as the City Manager may
direct, at which time said bids will be opened in the City Council Chamber, City
Hall, 135 1st Street S.E., Paris, Lamar County, Texas, and bids will thereafter be
tabulated and presented to the City Council for the purpose of letting such bid,
was presented. A motion was made by Councilman Plata, seconded by
Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0
nays.
Resolution No. 2002-169, approving the furnishing and delivery of unleaded
gasoline and diesel fuel for use by various departments of the City of Paris be
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November 11, 2002
Page 5
advertised for bids to be received after due notice at the office of the City
Manager of the City of Paris, City Hall, 135 1st Street S.E. Paris, Texas 75460,
until 3:00 P. M. On Tuesday, December 3, 2002, or at such other date and time
as the City Manager may direct, at which time said bids will be opened in the
City Council Chamber, City Hall, 135 1st Street S.E., Paris, Lamar County,
Texas, and bids will thereafter be tabulated and presented to the City Council for
their purpose of letting such bid, was presented. A motion was made by Mayor
Pro Tem Manning, seconded by Councilman McCarthy, for approval of the
resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2002-170,authorizing and directing the City Clerk to advertise
bids for a lease on property located on part of Lots 6 and 7, City Block 25 l-A,
being number 1231 N. Main Street, Paris, Texas, said bids to be received by 3:00
P.M. on Tuesday, December 3, 2002, or at such other date and time as the City
Manager may direct, at which time said bids will be opened in the City Council
Chambers, City Hall, 135 S.E. 1st Street, Paris, Lamar County, Texas, and bids
will thereafter be tabulated and presented to the City Council for the purpose of
letting such bid, was presented. A motion was made by Councilman Weekly,
seconded by Councilman Bell, for approval of the resolution. The motion carried
7 ayes, 0 nays.
Resolution No. 2002-171, approving the exercise of Option by Cary Eatherly,
and the same is hereby granted for a period of five (5) years, beginning May 15,
2002, and ending May 14, 2007, for the pasture lease at Cox Field Airport, was
presented. A motion was made by Councilwoman Neeley, seconded by Mayor
Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0
nays.
Resolution No.2002-172, resolving that upon finding the abandonment by the
City Attorney for the Hay Lease for approximately 170 acres at Lake Gibbons
property be advertised for bids to be received after due notice at the office of the
City Manager of the City of Paris, City Hall, 135 1st Street S.E., Paris, Texas
75460, until 3:00 P.M. on Tuesday, December 3, 2002, or at such time and date
as the City Manager shall determine appropriate, at which time said bids will be
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November 11, 2002
Page 6
opened in the City Council Chambers, City Hall, 135 S.E. 1st Street S.E. Paris,
Texas and bid will be tabulated and presented to the City Council at a later date
for the purpose of letting such bid, was presented. A motion was made by
Mayor Pro Tem Manning, seconded by Councilman Weekly, for adoption of the
resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2002-173, appointing Kevin Gray to serve the unexpired term of
Keith Williamson, which ends June 30, 2004, as a member of the Library
Advisory Board of the City of Paris, was presented. A motion was made by
Councilman Plata, seconded by Councilwoman Neeley, for approval of the
resolution. The motion carried 7 ayes 0 nays.
Mayor Pfiester called for consideration of and action on the following Aviation
Permit request for 2002- 2003 and approving the requested exemptions from Sec.
6-22 (d) and 6-28 (2) of the Code of Ordinances of the City of Paris.
A. David Jones d.b.a. Air Direct, LLC (1).
Mr. David Jones, Powderly, Texas, came forward telling the City Council that
he was awarded an air carrier certificate by the Federal Aviation Administration,
which allows him to do on demand air charter services for northeast Texas to
anywhere in the 48 states. As a result of receiving the certification, he visited
with the Jim Collier, Airport Manager at Cox Field Airport, and was informed
by him that he needed to get a commercial operators permit from the City of
Paris to operate off of the airport. Mr. Jones said when he applied for the permit,
it referenced requirements under city ordinances, and upon reviewing those
requirements, he asked the City Council to consider waiving two of those
requirements. Mr. Jones told the City Council that his official base of operation
is at Powderly, and the name of his company is Direct, LLC. The requirement
that he was asking to be waived is the one that requires him to be a part of the
volunteer fire department and rescue crew to answer all emergencies and to take
annual recurrent training related to that. He said he was not a firefighter nor does
he have a desire be one at this point in his life, and asked that this requirement
be waived. The next requirement was one that requires a twelve- hour dispatch.
Mr. Jones said that if someone called him and wanted to take a charter flight, he
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November 11, 2002
Page 7
would have to be available and ready for dispatch within twelve hours. He said
that contradicts the FAA Rules and Regulations that he is regulated by. Mr.
Jones advised that there are times that he is required to have a fourteen-hour rest
period before he is available for dispatch. Also, with having only one aircraft
and one pilot, if he is on a trip, he may be gone for two to three days and it would
be impossible for him to be available for dispatch within the confines of the
twelve-hour notice. For these reasons, Mr. Jones requested that these
requirements to waived.
City Attorney Schenk advised the City Council that he has talked to Tommy
Haynes and Mr. Collier, and explained that these ordinances have historical
significance, and advised that there are no provisions for waiver under the
ordinance but Sec 6-22(d) does not have a practical application any more and he
felt that came up when an older fire vehicle was located at the airport, and that
is no longer the practice. City Attorney Schenk said that next month is when the
city will be doing the renewal on all of the permits for operation off of the
airport. City Attorney Schenk said he would like to come back and amend the
Code of Ordinances by removing the requirements that are no longer needed.
Mr. Schenk felt that the same is true with regard to the twelve-hour requirement
for dispatch.
Mr. Jones said he would like something in writing because failure to comply with
these requirements makes him subject to a misdemeanor and he would not want
that on his record.
Mr. Jones said the third item for clarification is for him to name the City of Paris
as a coinsured on his insurance policy even though he does not have facilities at
the Paris Airport.
City Attorney Schenk advised that this is a requirement of all permittees, and it
is not directly associated with physical facilities at the airport. He stated that if
there is any occurrence that would in any way subject the city to some type of
liability claim as a result of his operation whether it is based in a structure or not
in a structure, the city expects to be insured from any sort of liability that could
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November 11, 2002
Page 8
be incurred as a result of his operation at the airport.
After further discussion, a motion was made by Councilman Bell, seconded by
Councilman Weekly, to table action on this item and directed city staff to check
and see what other cities require regarding Charter Operations at their airports
and to bring that information back to the City Council for their consideration.
The motion carried 7 ayes, 0 nays.
At 7:02 P.M. the City Council took a short break.
Mayor Pfiester reconvened the meeting at 7:17 P.M.
Mayor Pfiester announced that the next item on the agenda is receipt,
consideration, and discussion on and possible action on goals and objectives of
the City Council of the City of Paris for FY 2002-2003.
The goals that the City Council came up with as a group are as follows:
1. Have ten houses demolished by October 2002.
2. All departments and City Council to become character minded.
3. Better working relations with other governmental entities.
4. Cut taxes and rates.
5. More active role in economic development, especially in the drainage.
6. Improvement to streets, and curb and guttering.
7. Keep Paris Beautiful.
8. More space for the library.
9. Finish all of the sports complex.
10. Complete the ADA City Council Chambers.
11 More ads for the Pumpkin Fest.
12. Replace old water and sewer lines.
13. More code enforcement.
14. Complete the police station.
15. Look at zoning and see if there are changes that need to be made.
16. Removal of 20 dilapidated houses in (Councilman McCarthy's)
District.
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November 11, 2002
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17. Budget efficiency.
18. Change the way we do business.
19. Check the growth in city departments.
City Attorney Schenk reminded the City Council that there is a base line of
activities that all city employees perform. City Council expects the employees
to do these activities. Goals and objects are very productive but the Council needs
to keep in mind what keeps the city going.
After discussion, Mayor Pfiester said he was going to call a workshop session in
order to work on the goals and objectives that have been developed tonight.
There being no further business, a motion was made by Councilman McCarthy,
seconded by Councilman Weekly, to adjourn the meeting. The motion carried
7 ayes, 0 nays.
MICHAEL J. PFIESTER, MAYOR
ATTEST:
MATTIE CUNNINGHAM, CITY CLERK