02 City Council (2/10/03)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
Februaryl 0, 2003
The City Council of the City of Paris met in regular session, Monday, February
10, 2003, 6:00 P.M., Paris Junior College, Applied Technology Building, Room
1206, 2400 Clarksville Street, Paris, Texas. Mayor Michael J. Pfiester called the
meeting to order with the following Council Members present: John F. Bell,
Richard Manning, Joe E. McCarthy, Benny Plata, Francine Neeley, and Willie
Weekly. Also present were City Manager Michael E. Malone, City Attorney
Larry W. Schenk, and City Clerk Mattie Cunningham.
Invocation was given by Richard Hart of the Christian Fellowship Church.
Mayor Pfiester announced that the City Council had been furnished copies of
minutes from previous meetings and asked if there were any corrections or
additions, there being none, the minutes were approved as presented.
City Manager Malone advised that the minutes from the Paris Public Library
Advisory Board, Paris Economic Development Corporation, Building and
Standards Commission, Historic Preservation Commission, and the Airport
Advisory Board were included in the packet and did not require any action.
The minutes of the Traffic Commission were also furnished with a
recommendation of placing a No Parking Area in the 400 Block of E. Kaufman
Street and placing stop signs at Abby Lane at Darnell Drive and Darnell Drive
at North Hills Drive.
ORDINANCE NO. 2003-003
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 THE TRAFFIC NO
PARKING MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF
SAID CODE; ESTABLISHING A NO PARKING AREA IN THE 400 BLOCK
OF E. KAUFMAN STREET, PROVIDING FOR A PENALTY NOT TO
EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS
Regular City Council Meeting
February 10, 2003
Page 2
OF ORDINANCES 1N CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE, WAS PRESENTED.
A motion was made by Councilwoman Neeley, seconded by Councilman
Weekly, for adoption of the ordinance. The motion carried 7 ayes, 0 nays.
ORDINANCE NO. 2003-004
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 ADOPTED IN PARAGRAPH (b) OF
SECTION 31-65 OF SAID CODE PLACING STOP SIGNS AT ABBY LANE
AT DARNELL DRIVE AND DARNELL DRIVE AT NORTH HILLS DRIVE;
PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; 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.
A motion was made by Mayor Pro Tem Manning, seconded by Councilwoman
Neeley, for adoption of the ordinance. The motion carried 7 ayes, 0 nays.
Mayor Pfiester called for a report from the City Council Evaluation Work
Committee. He said he appointed a committee consisting of Councilman
McCarthy and Councilwoman Neeley to come up with a way to evaluate the City
Manager and the City Attorney. He stated that, although he had not thought
about including the Municipal Judge, the committee had included the judge.
Councilwoman Neeley advised that out of all of the city employees there are only
three that are employed by the City Council: the City Manager, the City Attorney
and the Municipal Judge. The committee talked about this and determined that
all three should be evaluated. The evaluation instruments for each of the three
are slightly different.
Regular City Council Meeting
February 10, 2003
Page 3
Mayor Pfiester pointed out that the Municipal Judge is more of an appointed
position. The City Attorney was hired by the City Council and Municipal Judge
is appointed by the City Council and that typically is how it has been handled in
the past. Councilwoman Neeley said that was correct if she understands the City
Charter correctly. Councilman McCarthy pointed out that the Judge is appointed
by the City Council as a whole. Mayor Pfiester said when you go into an
employment contract you are changing past practices. City Attorney Schenk
advised that the Municipal Judge at one time did have an employment contract.
He advised that there are only three officials that are directly reportable to the
City Council, and the Judge is one of those three officials. Mayor Pfiester stated
he wanted everyone to know that this would be a change to what has been done
in the past. Councilman Bell objected to politicizing the appointment of the
Municipal Judge and felt that it should be a protected entity. He advised that the
whole point of this exercise, the way he understands it, was to bring the
evaluation process into play.
Mayor Pfiester requested that Councilwoman Neeley explain the process that
they used and the information used to create the contract.
Councilwoman Neeley explained that she and Councilman McCarthy sent out
inquiries to the Texas Municipal League, cities, and other governmental agencies
requesting contracts and evaluation instruments. She said they looked at
probably twenty different contracts. Those contracts were studied and they put
together what they thought was a very good evaluation instrument and contract.
They sent the evaluation instruments and contracts to Betty Lynn with the law
firm of Karger, Key, Barnes & Lynn in Ft. Worth, Texas, for her study and
recommendations. Councilwoman Neeley said this was done several times back
and forth for amendments and corrections before coming up with the finished
product. Councilwoman Neeley said even today the contracts were revised one
more time.
Councilwoman Neeley said they reviewed evaluation instruments and rating
scales from the Texas Municipal League, other cities, companies in Paris, as
well as one for teachers. She said they again cut, pasted, marked out, wrote in,
took out until they came up with the
instruments.
Regular City Council Meeting
February 10, 2003
Page 4
10 areas presently in the evaluation
Councilwoman Neeley said they came up with a grid and evaluation score and
decided 4 would be walk on water, 2 needs improvements and 1 unsatisfactory.
When these are applied by seven Council Members you are not going to come up
with a 2, 1 or 3; you will come up with a decimal number. The committee
started with the highest, 4, and decided no one would get a 4. If someone got
above a 3 they were more than satisfactory. They backed down five-tenths until
they got to the 1.5 as being unsatisfactory. Ifa person between a 1.5 and a 2.4
they need to show improvement. If there is no improvement then that becomes
an unsatisfactory rating the next time they are evaluated. Mayor Pfiester asked
if someone's rating was 1.3 what would that be. Councilwoman Neeley stated
clearly that was unsatisfactory and the contract would not be renewed.
She explained that the contract is granted for a three-year period. This is a usual
contract period for professional categories, cities, and contracts that are governed
by boards. Councilwoman Neeley said the initial contract is granted for three
years and then each year it will be looked at, either renewed for one year, or not
renewed. At that time, if it is not renewed, they will still have two years left on
a contract, but she was making the assumption that if a person does not get their
contract renewed, they would be floating around knowing that everybody is ready
for that person to leave or figuring how to retire, because they are not going to
get a recommendation from the City of Paris on another job.
Mayor Pfiester questioned how the contract would work if it was not renewed
one year, asking if it could possibly be extended back to three years the next year.
Councilman McCarthy said if a person gets a bad evaluation such as 1.3, that is
not approval for the next year. The evaluation is going to point out areas where
improvement is needed. Mayor Pfiester stated that he had discussed the Red
River Valley Fair Association contract with Mr. Malone because the city is tied
to a contract they cannot get out of unless they pay to get out of it. Mayor
Regular City Council Meeting
February 10, 2003
Page 5
?fiester said the janitor has a contract for three years with an option to renew for
two years. If the janitor wants to work longer the contract has to be renegotiated.
He cited those examples, saying that he preferred a fixed term contract to one
with a ~rolling" term such as the one proposed. He said he could not see in this
mechanism an easy way to part company with someone by saying, no, your
contract is up. He said the proposed contract seems perpetual. Mayor ?fiester
said even the City Attorney does not like contracts that do not have an end. City
Attorney Schenk advised that this contract does have an end. Mr. Schenk said
there is a process that was talked about on the evaluation and the non-renewal
puts an end to it. Councilwoman Neeley advised that the contract has a two year
termination in it.
Bell said one problem that all councils have had in the past and that citizens have
is thinking that the City Manager runs the city. Mr. Bell said that he does not,
that this council runs the city and sets policies. He said that the City Council tells
the City Manager what to do. If you study the City Charter that is what is
supposed to happen. There have always been council members who give
department heads orders. It is not correct to go over the City Manager's head.
Councilman Plata stated that the City Council receives the paperwork or disk on
Friday night. He explained that, with his work schedule, on Saturdays and
Sundays he doe not have the time to go over the agenda packet. There are times
he votes on things that he does not get to explore. City Manager Malone advised
that the Council Members always have city staff available 24/7 to answer
questions, and most items that are on the agenda are routine items that the city
council members are aware of because they have been referred previously. Mr.
Malone cited, for example, the bids that are on the agenda tonight were placed
on the agenda from last month.
Councilwoman Neeley said she wanted to assure the citizens of Paris that she
and Councilman McCarthy did not meet and fifteen minutes later have a
document that they wanted to present. She advised that they spent a lot of hours
working on these contracts. Councilwoman Neeley advised that the contracts
came out of a discussion regarding why they were doing evaluations without
Regular City Council Meeting
February 10, 2003
Page 6
tying it to something. She stated that the reason that the evaluation should be tied
to a contract is that these employees do not have the opportunity that anyone else
that she knows of has, that is, to be evaluated in private. Everybody else that she
knows gets evaluated in private and then it comes out that the evaluation was
approved or satisfactory or unsatisfactory, but this is not aired out in public.
Personal feelings are not allowed to come into the process. The City Council
does this in an open meeting. Councilwoman Neeley told the City Council that
every evaluation instrument they acquired for study and example was tied to a
contract.
Councilwoman Neeley asked that Gene Anderson, Director of Finance, be
allowed to come forward and address items of concern in section 4.1 of the
contract. She said there was also a revision to the contract regarding this same
issue.
Gene Anderson, Director of Finance, came forward and advised that the issues
that were discussed with him by several council members had to do with comp
pay and how that applied to the people involved with the contracts. Mr.
Anderson explained that the current City Personnel Policy only addresses comp
pay in one area, and that is on page 12 of the policy book. The context in which
it addresses the issue is with non-exempt employees, that is, employees who are
entitled to draw overtime. Exempt employees are employees who are not entitled
to draw overtime, which in the case of the City of Paris is represented by
department heads. Mr. Anderson said that under the Fair Labor Standard Act,
exempt employees, which would include the city manager, city attorney and all
the department heads, were not entitled to be paid overtime. So, in terms of their
comp time, if their employment is terminated, they are not entitled to be
compensated for any accumulated comp time. They get zero because city
policies, as they are written, do not allow anybody except nonexempt employees
(hourly)to be paid for that time if they leave the employment of the City of Paris.
Mr. Anderson said the Fair Labor Standards Act divides people into two groups
they are either exempt and not entitled to overtime, or they are nonexempt and
they are entitled to overtime. For exempt employees of the City of Paris, when
they leave the employment of the City of Paris, they are not entitled to be paid for
Regular City Council Meeting
February 10, 2003
Page 7
their comp time and the only way that could vary is if the City Council voted to
do something different.
Councilman Plata said he thought that when Earl Smith left the employment of
the City of Paris, he received pay for comp time. Mr. Anderson advised that Mr.
Smith did not get paid for any comp time that he had accrued. Mr. Anderson
advised that Mr. Smith did have vacation time accrued and he did get paid for
that. Mr. Anderson explained that under the policy, upon termination, an
employee can only be paid for thirty days of vacation time. The policy does not
prevent them from taking vacation time prior to the termination date.
He explained that the other issue brought up was sick leave. The policy says
people can be paid for sick leave if they are sick or someone in their immediate
family is sick. The only exception to that rule are the civil service employees,
which are policemen and firemen. Under civil service, they can be paid up to 90
days of sick leave when they leave the employment of the city. He said that no
employee, other than civic service employees, are paid for sick leave when their
employment is terminated.
On the request of Councilman McCarthy, Mr. Anderson explained that once the
city received Earl Smith's formal termination of employment he drew no pay.
He was paid an amount of accumulated vacation time after he made his move.
This was allowed because Mr. Smith was not replaced right away and the City
needed him for several things such as his expertise in a lawsuit. There were
several Engineering projects that required the services of a professional engineer
in order to continue. Mr. Smith made numerous trips back to the city for
meetings and he was not paid for the travel or for his time.
City Attorney Schenk pointed out that on Page 4 of the revised contracts the
words "sick leave", "compensatory time", and "all" before "accrued vacation"
have been omitted. That portion now reads "shall be entitled to receive
compensation for accrued vacation and all other compensation benefits afforded
other City employees of similar longevity pursuant to the City's Personnel
Policy" have been inserted.
Regular City Council Meeting
February 10, 2003
Page 8
Attorney Charles Waldrum came forward stating that he was representing
Tenaska, which is one of the city's major tax payers. Mr. Waldrum advised that
his client only received notice about 3:00 o'clock today that these items were
going to come before the City Council. He said they did what they could do in
a short period of time. He client has concern about entering into a situation that
dramatically changes the ways things are being done without a thorough
assessment of what is meant. The fact that the contract that Mayor Pfiester gave
him a few minutes ago is not the latest contract is evidence that some Council
Members have not had a chance to thoroughly read and understand the contract.
Mr. Waldrum said that selecting our city leaders is very important and is not to
be entered into lightly and certainly not entered into hurriedly. He said what his
client would like to have done is to have this matter tabled so they could read the
contracts that are going to be voted on and try to determine the impact they might
have. Mr. Waldrum said he realizes that the City Council Members worked
diligently on this and as a person who draws up contracts he knows how much
trouble it can be. Mr. Waldrum said in the time limit that he has had to review
this contract, there are six, eight, or ten serious problems with this contract, and
this contract should not be approved as it is written. Mayor Pfiester said he
would give Mr. Waldrum all the time he needed.
Mr. Waldrum pointed out the automatic rollover aspect of things is such that if
a city official, taking all personalities out of it, just looking at from an objective
standpoint that you are unhappy with him, receives the lowest possible score, you
are stuck with that person for at least two more years. The idea has come up that
if the city official gets a bad rating he is going to be looking for a job. What will
the official be doing during those two years? Mr. Waldrum stated that the
official will be neglecting his position and neglect is not a basis for termination.
He also pointed out that the only thing the official can be terminated for is
willful and serious misconduct in the performance of his duties. Mr. Waldrum
said he knew of no other job that is so safe that as long as the person is alive and
not disabled, he can keep his job unless he does a willful and serious
misconduct act.
Regular City Council Meeting
February 10, 2003
Page 9
Mr. Waldrum said that an evaluation at the level of 1.5 to 2.4, needs
improvement, could continue for ten years and the City Council could not do
anything about it. If the official did not seek to improve, City Council could not
do anything about it as long as the official maintained a rating above a 1.5. Mr.
Waldrum pointed out that the contract has a mistake where it says, ~the city
official fails to receive an average composite evaluation rating of 1.5." He said
he assumes the contract means in %xcess of 1.5" because if the official did not
receive a 1.5 that is no good. This error needs to be corrected.
Mr. Waldrum asked that these contracts be looked at to see if this is what the city
really needs. He said the fact that so few people knew about them until today is
another reason why the City Council should be slow in making a decision.
Councilman Bell said the committee was appointed in a city council meeting
approximately three months ago. The citizens did not pay attention to what was
happening. This is not the first time he has seen people come forward saying that
they did not know about something. He said nobody pays attention. This is not
the first time it has come up and it is not a real good argument.
Don Wilson, 3110 Stacy Lane, came forward telling the City Council that the
major reasons for his attendance tonight have been addressed. He said that there
has been major talk around town that there are employees in the city with a
substantial amount of comp time. Based on previous things that have been said,
the people might not have had all the information on this issue, but it is still there
and there are so many different comments about it that there is a question
whether ~is there smoke here, or is there fire?" Mr. Wilson advised that it has
been said that the City Manager has thousands and hundreds of thousands of
dollars of comp time built up. Mr. Wilson said you cannot take that lightly. He
said there was the Earl Smith situation and what was done in that situation was
done by the City Manager. Mr. Wilson directed his comments to Mr. Malone,
stating that he left himself wide open by giving Mr. Smith more than what was
said in the handbook, more than the 30 days, even knowing that he had all of this
vacation time accrued. It would have been much better to simply say you were
going to pay him for 30 days and then contract out with Mr. Smith. He said
Regular City Council Meeting
February 10, 2003
Page 10
another question that has come up is Beverly Lewis, the former Librarian, and
you did not address her situation. Mr. Anderson advised that Ms. Lewis drew
vacation time, not comp time after she left. She had over 3,000 comp hours that
she was not paid for. He advised that the city used Ms. Lewis the same way they
did Mr. Smith. The city did not have a Librarian for about nine months and Ms.
Lewis was consulted by telephone, she prepared the following year' s budget and
there was a lot of correspondence by mail and e-mail.
Mr. Wilson said the point here is, are we entering into a contract that they will
simply go up here and say you are telling us tonight that there is no comp time
and only 30 days of vacation and no sick leave time, but when it actually
happens, it is a different situation. Mr. Wilson asked that this be delineated out.
He stated that, if Council is going to write this iron-clad contract in his favor,
then Council should at least put it in writing that the Manager will be paid for 30
days vacation, no comp time, and no sick leave time. If that is what it is, spell
it out in the contract instead of tying it to something else that could be
misinterpreted later. Mr. Wilson said instead of rolling the contract forward two
years, roll it to the next year. Mr. Wilson stated that the contracts should be tied
down in both directions.
Jim Bell, 4255 FM 195, came forward stating that he agrees with Charles
Waldrum that this item needs to be tabled to a future specific date. It needs to
have public hearings. The contracts should be published, and the city should get
input for the citizens because this City Council is tying the hands of future City
Councils. He said if you are going to have a multi-year contract, go ahead and
put in a buy-out figure so that the contract can be terminated, so that the person
can be terminated immediately with a 10% payment, 20% payment or something
reasonable for the remaining time on the contract. Mr. Bell gave as his reason
for saying this as the circumstances that occurred when former City Manager
David Doty was terminated and was paid approximately $100,000.00 to get him
to exit. Mr. Bell said he did not think that as a city and a Council they should go
back and revisit those issues. Mr. Bell said Mike Malone agreed to go to work
for the City of Paris without a contract because he did not at any point want the
City Council not to feel that he was earning his job. He wanted to know what the
Regular City Council Meeting
February 10, 2003
Page 11
purpose of the contract was and to what the City Council is looking for in a
contract, to establish ground rules for somebody that might replace Mr. Malone.
He did not see the need for a contract. The city has done exceedingly well with
what they have, but if the City Council has got to have a contract, go back to the
issues that Mr. Waldrum and Mr. Wilson have brought up.
Gary O'Connor, 4505 Choctaw Lane, was present complimenting all of the City
Council members for the amount of time that they invest in their jobs. Mr.
O'Connor stated that he basically agreed with what the previous two speakers
have said. He said that he had lived in Paris for twenty years and during those
years there have been multiple situations where employees, city managers and
city attorneys, did not follow the wishes of the City Council and it was expensive
to get the employees to step down. Mr. O'Connor felt it was important that there
be a balance between providing the kind of continuity and at least some degree
of job security for a professional to assume one of these management positions,
but at the same time, to make it clear that they serve at the will of the City
Council. Mr. O'Connor felt a three year contract is overly generous and the fact
about all you have to do under this contract is to show up for work and not break
any major laws. He thought a higher standard of accountability is in order.
Ed Seidle, 1363 Pine Bluff, was present suggesting that the City Council table
this matter in order to get a real study done. Mr. Seidle said this was no way to
do business, and he was not sure why this has to be rushed through tonight. Mr.
Seidle said that when they were doing the survey for the new police building, and
those folks came from Dallas to do a study of the City of Paris, the town was
found to be growing less than one hundred people in the last ten years. He said
the county is growing at a much larger rate and he suggested finding out why.
Mr. Seidle again requested the City Council to table this matter.
A. W. Clem, Attorney, appeared before the City Council stating that he was
asked to take a look at this contract. Mr. Clem said he felt that the public would
like time to read these contracts and see what they say, and he would also like a
chance to look at the contract.
Regular City Council Meeting
February 10, 2003
Page 12
After discussion, a motion was made by Councilman Plata to table action on
agenda Item No. G-3.a, a resolution approving and authorizing the Mayor to
execute and the City Clerk to attest to a Professional Services Agreement and
accompanying evaluation instrument with the City Manager of the City of Paris;
Agenda Item No. G-3.b, a resolution approving and authorizing the Mayor to
execute and the City Clerk to attest to a Professional Services Agreement and
accompanying evaluation instrument with the City Attorney; Agenda Item G-3. c,
a resolution approving and authorizing the Mayor to execute and the City Clerk
to attest to a Professional Services Agreement and accompanying -evaluation
instrument with the Municipal Court Judge of the City of?aris. The motion was
seconded by Councilman Bell, and the motion carried 6 ayes, 1 nay, Mayor Pro
Tem Manning voting no.
After discussion of possible dates that the matter could be deferred to, Mayor
Pfiester announced that he was setting a special meeting of the City Council for
Monday, February 17, 2003.
At 7:46 P.M. Mayor Pfiester announced that the City Council would take a short
break.
Mayor Pfiester reconvened the meeting at 8:03 P.M.
City Manager Malone announced that the City Council had received minutes
from the City Council Water & Sewer Subcommittee with no action being
required.
Mayor Pfiester announced that the next item on the agenda was receipt of a
petition for annexation of approximately 11.316 acres, more or less, known as
The Hills No. 3.
A motion was made by Councilman Bell, seconded by Councilman McCarthy,
to receive the petition for annexation of approximately 11.316 acres, more or
less, known as The Hills No. 3. The motion carried 7 ayes, 0 nays.
Regular City Council Meeting
February 10, 2003
Page 13
Resolution No. 2002-026, granting a petition for annexation of certain territory
consisting of 11.316 acres, more or less; making other findings and provisions
related to the subject, and providing for an effective date, was presented. A
motion was made by Councilman Plata, seconded by Mayor Pro Tem Manning,
for approval of the resolution. The motion carried 7 ayes, 0 nays.
ORDINANCE NO. 2002-005
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 26-1 OF SAID
CODE TO AUTHORIZE THE STAFFING LEVELS
DEPARTMENT; REPEALING ALL ORDINANCES
ORDINANCES IN CONFLICT HEREWITH; AND
EFFECTIVE DATE, WAS PRESENTED.
OF THE POLICE
OR PARTS OF
DECLARING AN
Karl Louis, Police Chief, came forward explaining that they had looked into a
shift staffing different from what they have had in the past in order to help in
officer retention, to increase morale in the department, and hopefully to give the
officers an opportunity to work off-duty j obs. Chief Louis said this would entail
changing their shifts. They now work five eight-hour days. With the shift
change, they will work three twelve-hour shifts one week, three twelve-hour
shifts the next week, and one eight-hour day. Chief Louis said they were working
eighty hours in the two-week pay period and it will not cost the city anything.
This will give the officers three days off one week and four the next week. He
said this would allow every officer in the department to be off at least one
weekend day with their families. Mr. Louis explained that their call intake has
gone up over the last few years; the arrest rate has gone up; and due to the
economics, the city has lost some positions. The officers are working harder and
doing more; they are under more stress; and he is starting to have officer
retention problems. He advised that he has five officers in the process of leaving.
He said he sent several officers to Sherman and other departments to ascertain
how the shift schedule worked. Chief Louis said more and more police
departments are going to this and every department they went to say the officers
Regular City Council Meeting
February 10, 2003
Page 14
love it and would not want to go back. He advised they found that in some of
the cities, it saved money in overtime and sick leave. Chief Louis stated that the
only expense the city will incur in implementing the program is an added payroll
of three to five thousand dollars for the remainder of this year. This is because
in changing to four shifts, instead of three, a corporal will be moved up to
sergeant and a patrolman will be moved up to corporal. An additional six to
eight thousand dollars would have to be budgeted for next year. Chief Louis said
that the departmental vote on the twelve-hour shifts was 53 to 11, which indicates
a majority in favor of the 12-hour shifts.
After discussion, a motion was made by Councilman McCarthy, seconded by
Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 7
ayes, 0 nays.
Resolution No. 2003-027, ordering the regular municipal election for the City of
Paris, Paris, Texas, to be held on the first Saturday in May 2003, same being the
3rd day of May 2003, between the hours of 7:00 A.M. and 7:00 P. M., by the
qualified voters of Districts 4, 5, and 7 of the City of Paris, Paris, Texas, with
early voting for the same being conducted in the City Hall Annex West from the
16th day of April 2003, through the 29th day of April 2003, Monday through
Friday, between the hours of 8:00 A.M. and 5:00 P.M. for the purpose of electing
the Council Members from each of said districts to serve as members of the City
Council for the ensuing two years, was presented. A motion was made by
Councilman McCarthy, seconded by Councilman Weekly, for approval of the
resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-028, approving and authorizing the execution of a Real
Estate Purchase Agreement with the Lamar County Chamber of Commerce for
the purchase of the City ofParis's three-tenths(3/10) interest in and to Lot 1, City
Block 102 and Lots 2 and 2A, City Block No. 102-B, located at 1651 Clarksville
Street, Paris, Texas, 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.
Regular City Council Meeting
February 10, 2003
Page 15
Resolution No. 2003-029, approving the Sublease Agreement between the
Chamber of Commerce of Lamar County, Inc., and the Genealogical Society for
a portion of the Santa Fe-Frisco Depot Building, was presented. A motion was
made by Mayor Pro Tem Manning, seconded by Councilman Weekly, for
approval of the resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-030, accepting the Routine Airport Maintenance Program
(RAMP) Grant, authorizing the execution of a grant agreement for TXDOT
Project No. AM2003Paris, was presented. A motion was made by Councilman
Bell, seconded by Councilman Plata, for approval of the resolution. The motion
carried 7 ayes, 0 nays.
Resolution No. 2003-031, approving and authorizing the execution of
Amendment No. 1 to the Texas Community Development Program Contract No.
719068, was presented. A motion was made by Councilman Bell, seconded by
Councilman Weekly, for approval of the resolution. The motion carried 7 ayes,
0 nays.
Resolution No. 2003-032, approving changing the regular Monday meeting of
the City Council scheduled for March 10, 2003, and the same is hereby
consolidated with the regular Thursday meeting of the City Council scheduled for
March 6, 2003, at 6:00 P.M., was presented. A motion was made by
Councilwoman Neeley, seconded by Councilman McCarthy, for approval of the
resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-033, endorsing certain legislative changes to S.B. 7
supported by Cities Aggregation Power Project, Inc., was presented. A motion
was made by Councilwoman Neeley, seconded by Councilman Plata, for
approval of the resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-034, approving a new Sub-Lease Agreement for the Paris
Rodeo and Horse Club Concession Stand, which is a part of the grounds sublease
between the Red River Valley Fair Association and the Paris Rodeo and Horse
Club, was presented. A motion was made by Councilman Weekly, seconded by
Regular City Council Meeting
February 10, 2003
Page 16
Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0
nays.
Resolution No. 2003-035, approving the purchase of a One ( 1 ) Model Year 2003
McNellus 20 yard Metropak Rear Loader with Cab and Chassis for use in the
Sanitation Division of the Public Works Department through the Houston-
Galveston Area Council of Governments, subject to the city obtaining acceptable
financing terms from outside sources; authorizing the City Manager and the
Director of Public Works to obtain such financing; authorizing the execution of
a Lease Purchase Agreement and any and all other necessary documents related
to the transaction of a Lease Purchase Agreement and any and all other necessary
documents related to the transaction approved herein, was presented. A motion
was made by Mayor Pro Tem Manning, seconded by Councilman Bell, for
approval of the resolution. The motion carried 7 ayes, 0 nays.
City Manager advised that bids were opened on Tuesday, February 4, 2003, at
3:00 P.M., for Flexible Base Material (White Rock) and two bids were received,
Martin Marietta Materials' bid was $8.15 per ton, and Jackie Wheeler
Construction's bid was also $8.15 per ton. He said according to Texas statutes
the municipality must select one of the bidders by the casting of lots, which was
cast by City Attorney Schenk, resulting in Martin Marietta Materials winning the
coin toss.
Resolution No. 2003-036, awarding the bid for the purchase of Flexible Base
Material (White Rock) for use in the Street Division of the Public Works
Department to Martin Marietta Materials in the amount of $8.15 per ton, 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. 2003-038, accepting the bid of Coston & Son Concrete for the
furnishing and delivery of Portland Cement Concrete for use in the various
divisions of the Public Works Department, in the amount of $70.00 per cubic
yard for Class ~A" and $73.50 per cubic year for Class ~C", was presented. A
Regular City Council Meeting
February 10, 2003
Page 17
motion was made by Councilman McCarthy, seconded by Councilman Weekly,
for approval of the resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-039, accepting the bids of Ergon Asphalt & Emulsion for
the furnishing and delivery of CRS-2 Emulsion Asphalt for use in the Street
Division of the Public Works Department, in the amount of $0.7639 per gallon,
was presented. A motion was made by Councilman McCarthy, seconded by
Councilman Weekly, for approval of the resolution. The motion carried 7 ayes,
0 nays.
Resolution No. 2003-040, accepting the bids of Martin Marietta Materials for the
furnishing and delivery of Flexible Base Material (Red Rock) for use in the
Street Division of the Public Works Department, in the amount of $7.95 per ton,
was presented. A motion was made by Councilman McCarthy, seconded by
Councilman Weekly, for approval of the resolution. The motion carried 7 ayes,
0 nays.
Resolution No. 2003-041, accepting the bids of Richard Drake Construction
Company, L.P. for the furnishing and delivery of Hot Mix Cold Laid Asphalt,
Type ~B" (Fine Base) material for use in the Street Division of the Public Works
Department, in the amount of $25.50 per ton, was presented. A motion was
made by Councilman McCarthy, seconded by Councilman Weekly, for approval
of the resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-042, accepting the bids of Ergon Asphalt & Emulsions for
the furnishing and delivery of SS-1 Emulsion Asphalt (Tack Oil) for use in the
Street Division of the Public Works Department, in the amount of $0.7639 per
gallon, was presented. A motion was made by Councilman McCarthy, seconded
by Councilman Weekly, for approval of the resolution. The motion carried 7
ayes, 0 nays.
Resolution No. 2003-043, accepting the bids of Richard Drake Construction
Company, L.P. for the furnishing and delivery of Hot Mix Cold Laid Asphalt,
Type ~A" (Coarse Base) material for use in the Street Division of the Public
Regular City Council Meeting
February 10, 2003
Page 18
Works Department, in the amount of $25.50 per ton, was presented. A motion
was made by Councilman McCarthy, seconded by Councilman Weekly, for
approval of the resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-044, accepting the bids of Martin Marietta Materials for
the furnishing and delivery of Aggregate Cover Stone (Type B, Grade 4,
Uncoated) for use in the Street Division of the Public Works Department, in the
amount of $14.25 per ton, was presented. A motion was made by Councilman
McCarthy, seconded by Councilman Weekly, for approval of the resolution. The
motion carried 7 ayes, 0 nays.
Resolution No. 2003-045, accepting the bids of Richard Drake Construction
Company, L.?., for the furnishing and delivery of Hot Mix Cold Laid Asphalt,
Type ~F" (Fine Mixture), material for use in the Street Division of the Public
Works Department, in the amount of $25.50 per ton, was presented. A motion
was made by Councilman McCarthy, seconded by Councilman Weekly, for
approval of the resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-046, authorizing and directing the City Manager to execute
on behalf of the City of?aris a Lease Purchase Agreement, upon such terms and
conditions and in such form as approved by the City Attorney, at the price of
$59,980.00 financing the purchase of one (1) model year 2003 4-wheel drive
Extended-a-hoe for use in the Street Division of Public Works Department,
subject to the City obtaining acceptable financing terms from outside sources;
that the City Manager and the Director of?ublic Works be, and they are hereby,
authorized and directed to seek and obtain acceptable financing terms for such
purchase; that the City Manager, City Attorney, Finance Director, or other
appropriate City Officials shall be, and they are hereby authorized and directed
to execute any and all other necessary documents related to the transaction
approved herein, was presented. A motion was made by Mayor Pro Tem
Manning, seconded by Councilman Bell, for approval of the resolution. The
motion carried 7 ayes, 0 nays.
Resolution No. 2003-047, approving and authorizing the execution of an
Regular City Council Meeting
February 10, 2003
Page 19
Interlocal Participation Agreement for the Texas Local Government Purchasing
Cooperative, was presented. A motion was made by Councilman McCarthy for
approval of the resolution. The motion was seconded by Mayor Pro Tem
Manning and carried 7 ayes, 0 nays.
Resolution No. 2003-048, authorizing and directing the City Manager to execute
on behalf of the City of Paris, a purchase order for one (1) Ford F350 Type 1
Ambulance for a total purchase price of $84,895.00, which represents the cost
of the ambulance, which is $90,522.00, plus the cost of the Texas Local
Government Purchasing Cooperative fee, which is $800.00, less the value of the
City's trade-in, which is $6,427.00, was presented. A motion was made by
Councilman McCarthy, seconded by Councilman Plata, for approval of the
resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-049, accepting the proposal of James McFatridge for a
lease on property located on part of Lots 6 and 7, City Block 25 lA, located on
N. Main Street, in the initial amount of $3,600.00 annual rental, payable in
twelve (12) equal monthly payments of $300.00 each, was presented. A motion
was made by Councilman Bell, seconded by Councilman Plata, for approval of
the resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-050, authorizing and directing the City Manager to accept
a deed from Paris Junior College to the property necessary for construction of the
City of Paris Sports Complex with the provision that such property will revert
back to Paris Junior College should the City of Paris cease to use the same for
said Sports Complex, and under those other terms and conditions and in such
form as approved by the City Attorney, was presented. A motion was made by
Councilwoman Neeley, seconded by Councilman Weekly, for approval of the
resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-051, urging the Texas Congressional Delegation to support
providing funding for President Bush's $3.5 Billion First Responder Initiative
during the 108th Session of Congress, was presented. A motion was made by
Mayor Pro Tem Manning for approval of the resolution. The motion was
Regular City Council Meeting
February 10, 2003
Page 20
seconded by Councilwoman Neeley, and carried 7 ayes, 0 nays.
Resolution No. 2003-037, authorizing the City Manager and City Engineer to
solicit proposals and negotiate a contract in accordance with State Law for
Asbestos Removal at the UARCO Building, which will be converted to a Law
Enforcement Center for Police, Court, and Jail Facilities; and similar Asbestos
Removal at the City Hall Old Central Fire Station, was presented. A motion was
made by Councilman McCarthy, seconded by Councilman Weekly, for approval
of the resolution. The motion carried 7 ayes, 0 nays.
City Attorney Schenk presented the following petition for rezoning: Leanne
Sartor, Lot 4, City Block 255-A, from a One Family Dwelling District No. 2 to
a Multiple Family Dwelling District No. 1.
Mayor ?fiester referred the petition to the Planning and Zoning Commission for
their study and recommendation at their meeting schedule for the first Monday
in March.
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.
ATTEST:
MICHAEL J. PFIESTER,
MAYOR
MATTIE CUNNINGHAM, CITY CLERK