07 City Council (6/09/03)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
June 9, 2003
The City Council of the City of Paris met in regular session, Monday, June 9,
2003, 6:00 P.M. at Paris Junior College, Applied Technology Building, Room
1208, 2400 Clarksville Street, Paris, Texas. Mayor Curtis Fendley called the
meeting to order with the following Council Members present: Jim Bell, Jay
Guest, Francine Neeley, Willie Weekly, Jr., 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 Richard Hart with the Christian Fellowship Church.
Mayor Fendley announced that the City Council had been furnished minutes of
previous meetings and asked if there were any corrections or additions. There
being none, a motion was made by Councilman Guest, seconded by
Councilwoman Neeley, for approval of the minutes. The motion carried 6 ayes,
0 nays.
Mayor Fendley stated that the next agenda item was receipt of reports from
committees, boards, and commissions. The minutes from the Airport Advisory
Board, Board of Commissioners of the Housing Authority of the City of Paris,
Historic Preservation Commission, Main Street Advisory Board, Paris Economic
Development Corporation, and the City Council Water and Sewer Subcommittee
had been presented with no action being required.
A motion was made by Councilman Bell, seconded by Councilman Plata, for
acceptance of the minutes and reports. The motion carried 6 ayes, 0 nays.
Resolution No. 2003-101, a resolution denying the request of TXU (Lone Star
Gas Company) for a change of rates within the City of Paris, Texas, and joining
a consortium of cities in opposing the proposed rate increase in an administrative
proceeding before the Texas Railroad Commission, was presented. A motion
was made by Councilman Bell, seconded by Councilman Weekly, for approval
of the resolution. The motion carried 6 ayes, 0 nays.
Resolution No. 2003-102, a resolution of the City Council of the City of Paris,
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June 9,2003
Page 2
Paris, Texas, approving an incentive agreement between the Paris Economic
Development Corporation and C-Tech, Inc.; approving financing obtained by the
Paris Economic Development Corporation to fund the Incentive Agreement, was
presented. A motion was made by Councilman Guest, seconded by Councilman
Plata, for approval of the resolution. The motion carried 6 ayes, 0 nays.
Resolution No. 2003-103, a resolution of the City Council of the City of Paris,
Paris, Texas, assigning the authority to issue Single Family Mortgage Revenue
Bonds to Lamar County as a Sponsoring Political Subdivision of the Northeast
Texas Housing Finance Corporation, was presented. A motion was made by
Councilwoman Neeley, seconded by Councilman Guest, for approval of the
resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2003-104, authorizing the submission of a grant application to
the Certified Local Government Division of the Texas Historical Commission to
receive grant funds to partially fund the completion of an updated Historic
Resource Survey of the City of Paris; authorizing and conditioning the
expenditure of funds; accepting said grant award upon notice thereof; authorizing
the execution of any and all documents necessary for acceptance and
implementation of said grant upon notice thereof, 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.
City Manager Malone presented a resolution awarding the bid and authorizing
the execution of a contract for the furnishing and delivery of labor, materials, and
equipment and for performing all work required for grounds maintenance
(mowing) on City of Paris parks and facilities.
Councilman Bell asked if the Director of Public Works had interviewed these
people.
Terry Townsend, Director of Public Works, came forward telling the City
Council that if Councilman Bell was talking about the winning bidder, yes, they
know him very well. Councilman Bell questioned if Mr. Townsend knew their
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June 9,2003
Page 3
equipment and knew that they can perform the job. Councilman Bell said the
reason for asking is because the city awarded a bid to someone who could not
perform last time. Mr. Townsend said that was correct. They had checked
references and did due process to hire them; they were surprised when the
contractor dropped out. Councilwoman Neeley asked if this contractor had done
lawn service before since their name is Good Tree Service. Mr. Townsend stated
that when Jackie Good submitted the bid, that was a question they asked. They
also asked for references for commercial lawn maintenance and these references
were checked. Mayor Fendley pointed out that the city would still have a way
out, just like there is in the previous contract, if the work is not performed.
Greg Glover, second to low bidder, presented a copy of his company's resume
which consisted of their commercial experience and a list of equipment.
Councilman Bell asked if Mr. Good was in the audience and he was not present.
Mayor Fendley called for additional questions, comments, or a motion on the
resolution.
A motion was made by Councilman Bell to table action on the resolution until
next Monday night and to ask Mr. Good to appear and bring his references and
things that were received by the other bidder. The motion was seconded by
Councilwoman Neeley and carried 6 ayes, 0 nays.
Resolution No. 2003-105, approving and authorizing the execution of contract
change notice No. 03 (Attachment No. 05A) to the contract for Public Health
Services, TDH Document No. 7560022067-2003; making other findings and
provisions related to the subject, was presented. A motion was made by
Councilwoman Neeley, seconded by Councilman Weekly, for approval of the
resolution. The motion carried 6 ayes, 0 nays.
Resolution No. 2003-106, approving the sale of tax delinquent property described
as Lot 15, City Block 175-A, being number 1136 Van Zandt Street, was
presented. A motion was made by Councilman Guest, seconded by Councilman
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June 9,2003
Page 4
Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays.
City Manager Malone presented a resolution approving the sale of tax delinquent
property described as Lot 6, City Block 355, being number 2015 Loop 286 N.W.
Councilman Bell stated that it was his understanding that Lamar County had
turned this down again. City Manager Malone advised that he was told that they
did turn it down and that Lamar County also indicated that they would donate it
to the Girl Scouts Council.
Councilwoman Neeley requested that she be excused from the meeting due to a
conflict of interest. A motion was made by Councilman Bell, seconded by
Councilman Guest, to excuse Councilwoman Neeley from the council meeting.
The motion carried 6 ayes, 0 nays.
H. B. Roberts, 2121 Bonham Street, appeared before the City Council, stating
that he had been represented by someone else in the past regarding this property.
He said that they had already talked to this Council before trying to get this
passed and that the Council found the first bid was low and disapproved because
of the bid. He said that they were not told why they did not get the bid or why
it was not approved. His representative had gone through all of the research and
procedures in order to bid on this property and he did it properly. Mr. Roberts
said this property has been vacant for 20 years and he respectfully requested the
City Council approve the resolution.
Councilman Bell asked the City Attorney to explain what good has been done
if the city approves the resolution and Lamar County has turned it down. City
Attorney Schenk advised that the city had faced that circumstance before and the
commissioners can always change their minds as the city councilpersons can
change their minds. Until all four taxing entities approve the sale at a stated
price, it will not be sold. He said the county can reconsider their position or not.
Councilman McCarthy entered the council chambers and assumed his seat at the
council table.
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June 9,2003
Page 5
Dr. Melissa Stansell, 635 Medalist Drive, came forward and explained that the
Girl Scout Executive Director, Connie Stauter, could not be present. Dr. Stansell
advised that they did not know until recently that this property was up for tax
sale. She said that they have asked for the property and they have placed a bid
of $1.00, but it is to be donated for use by the Girl Scout Council for activities for
girls. Dr. Stansell said they feel the property is being sold or has been asked to
be sold for $15,000.00. The current tax rate for all entities is about $4.00 per one
hundred value, and that means $600.00 a year in taxes to be divided between the
City of Paris, the two school districts, Paris Junior College, and the Lamar
County. Dr. Stansell stated that is not much money to give up to support the girls
of Lamar County. She said if these entities are going to do something with the
property, they would like to have that opportunity. They have already, with their
own money, asked an engineer to go in and look at what is going to have to be
done. They will clean this property up to where it is safe for use. Dr. Stansell
said the Girl Scouts had no specific plans for this land. In two years their
building will be paid for. Then they can expand and provide more activities such
as computer programing for the girls and their parents along with more summer
activities. She stated that the Girl Scouts in the only organization nationally that
really supports girls.
Councilman Bell wanted to know if the city had received both bids. City
Attorney Schenk asked Dr. Stansell if they had made a formal bid to the attorneys
who are handling this matter. Dr. Stansell said according to Connie Stauter they
have made a bid. The City Attorney advised that the city has not received the bid.
After further discussion, a motion was made by Councilman Weekly to table this
item and bring it back at the meeting for Monday, June 16, 2003. The motion
was seconded by Councilman Bell and carried 6 ayes, with one member being
absent.
Councilman Bell requested that city staff research and see if there is another bid
and bring that information back to the City Council for further action.
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June 9,2003
Page 6
A motion was made by Councilman Guest, seconded by Councilman Weekly, to
allow Councilwoman Neeley to return to the council meeting. The motion
carried 6 ayes, 0 nays, and Councilwoman Neeley entered the council chambers
and assumed her seat at the council table.
Mayor Fendley asked that the Council keep tabled Agenda Item No.4-I, a
resolution appointing members to the Board of Adjustment, and Agenda Item
4-J, a resolution appointing members to the Paris-Lamar County Board of
Health, as the city does not have appointments yet for those boards.
A motion was made by Mayor Pro Tem McCarthy to bring from the table a
resolution appointing a member to the Traffic Commission. The motion was
seconded by Councilman Bell and carried 7 ayes, 0 nays.
Resolution No. 2003-007, appointing Jon McFadden as a member of the Traffic
Commission of the City of Paris for a term of three (3) years, beginning July 1,
2003, and ending June 30, 2006, was presented. A motion was made by
Councilwoman Neeley, seconded by Councilman Bell, for approval of the
resolution. The motion carried 7 ayes, 0 nays.
Mayor Fendley called for discussion of water and sewer related matters, and at
that this time, asked that Councilman Plata give a presentation for the Water &
Sewer Subcommittee, which has been meeting for the past few months.
Councilman Plata passed out his Proposal I. It was a work schedule for the
Water Treatment Plant, Sewer Treatment Plant, and the Lift Stations. It showed
the existing number of employees and Mr. Plata's recommendation as to the
number of employees for each department. Councilman Plata said they have one
supervisor I, one level IV operator, two level III operators, and 5 level II
operators for a total 8 employees in the Water Production Division. His
recommendation was to go to one supervisor, four shift operators, and one
straight day operator for a total of 5 operators. He said that it works without
going through all of the proposal. Councilman Plata said he was talking about
shift maintenance or shift operator giving a total of four rotating shifts working
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June 9,2003
Page 7
12 hours a day.
Councilman Plata summarized this proposal as follows:
"MONDAY THRU FRIDAY THERE WILL BE THREE
MAINTENANCE PERSONNEL AT EACH PLANT. A
SUGGESTION WAS MADE THAT BOTH GROUPS COULD
HELP EACH OTHER WHEN THE NEED ARISES THERE WILL
BE A TOTAL OF 6 PEOPLE AT THE WATER PRODUCTION
PLANT MONDAY THRU FRIDAY. THESE CONSIST OF 1
SUPERVISOR, 2 OPERATORS, & 3 MAINTENANCE
WORKERS. THERE WILL BE A TOTAL OF 5 PEOPLE AT THE
SEWER TREATMENT PLANT MONDAY THRU FRIDAY.
THESE CONSIST OF: 1 SUPERVISOR, 1 OPERATOR & 3
MAINTENANCE. THE SHIFT PERSONNEL WOULD HAVE
TO WORK 12 HOURS SHIFTS SO AS NOT TO OVERLAP"
Councilman Plata said he left the Lift Stations out and they actually have three
employees working there and one vacancy that the city keeps all the time. He
said he would be cutting two people and move the personnel at the Lift Station
Division over to Sewer Maintenance and let the lift stations be maintained by
sewer maintenance employees and there will be a total of six maintenance
workers.
Councilman Plata gave the City Council handouts of the breakdown of the
rotating shifts for the Water and Wastewater Division and how it would affect the
employees.
Councilman Plata told the City Council that the total cut that he is recommending
is a total of 13 employees and they are listed as follows:
EMPLOYEES
DEPARTMENT & TITLE
2 Production Operators - Wastewater Treat.
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June 9,2003
Page 8
2
3
1
1
2
1
1
Maintenance Workers- Wastewater Treat.
Production Operators - Water Treatment
Lift Station Maintenance Worker
Maintenance Vacancy -
Maintenance Vacancies -
Prod. Operator Vacancy-
Maintenance Vacancy -
Water Treatment
Wastewater Treat.
Wastewater Treat.
Lift Station
Councilman Plata advised that these positions would be eliminated from the
budget, and going by the current budget and the savings represented that Mr.
Malone talked about in the May 15th meeting, the savings are as follows'
13 positions cut from the budget ~ $25,000.00 each
20% benefits cut from budget
Money saved from maintenance budget per Malone
New vehicle eliminated from budget
Money saved from sludge equipment per Malone
$325,000.
$ 65,000.
$ 20,000.
$ 13,000.
$ 20,000.
Total $ 443,000.
Councilman Plata said these are recommendations to consider since the city is
in a deficit. Mr. Campbell is saying that because of a new rule about back flush
water which came down in January that the $40,000.00 for sludge equipment is
needed in the budget. Councilman Plata said he did not hear Mr. Campbell say
the city was out of compliance. That is why he questioned spending even
$20,000.00 on equipment at this time when money is tight.
Councilman Plata said the manpower reductions he was recommending are being
brought about by comparing other cities' operations to Paris's and also by
looking at the weekly work schedule for the employees. On a bi-weekly basis,
there are 2 operators at the plant on three days, three operators are there for three
days, and one day there are four operators at the plant. There should be a better
employee schedule so as not to have personnel overlapping. Councilman Plata
asked if two operators are what it takes for three days, why is there a variation
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June 9,2003
Page 9
in the other 4 days.
Councilman Plata said the breakdowns that he had been provided do not justify
as many maintenance personnel as are employed. The maintenance personnel are
used to do a lot of mowing and grounds upkeep at both plants. It seems as if the
city has two departments doing the same job. This is why the idea of moving
four or so people along with the mowing equipment, except for 1 lawnmower
and 1 weed eater should suffice for grounds upkeep around the buildings. He
said this should enable the city to mow the water treatment fields, wastewater
treatment fields, all lift station areas, and a few areas the city has trouble getting
to right now. This will also enable the city to have personnel for providing
upkeep for the new sports complex and the new police station when completed.
This personnel addition could be accomplished by cutting some of the big line
items of the budget to accommodate these few people.
Councilman Plata said the manpower schedule which he recommended will give
a maintenance person, along with an operator or shift, 24 hours a day. The
people will have to go to a 12-hour shift, which he knows is not very appealing
to some. Once people try this and get 3 or 4 days off per week, it becomes more
appealing. Councilman Plata said that Councilwoman Neeley has brought up the
suggestion that maintenance personnel from one plant can help out the other
when the need arises.
Councilman Plata said he suggested that lift station operations move over under
sewer maintenance. No one had given him a good enough reason why this will
not operate as efficiently as it is now, if not better. He said there are six people
in sewer maintenance that can help lift station personnel when needed and lift
station personnel can help out in sewer maintenance when there is a need. The
lift stations have been attended to very well and the automation that has been
installed at all lift stations enables personnel to be reached automatically when
a problem arises.
Councilman Plata stated that he knew these are not enough cuts to avoid a rate
increase, but they do not have to raise it as much as the study indicated. Some
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June 9,2003
Page 10
of the citizens of Paris, along with employees of the city, seem to think that he
was recommending j ob cuts and other cuts without any type of consideration for
anyone. Councilman Plata said he would like for everyone to know that the
utmost thoughts in his mind were the taxpayers in this community, industries,
businesses, as well as homeowners who have inflated costs every year. Now is
the time for municipalities as well as other services providers, to at least attempt
to implement cost cutting features to benefit the consumer now and in the future.
This will probably seem as if the workload is increasing on a few people, but we
have asked this of the firemen and of other departments. When money is tight,
the city and businesses alike should look for ways to provide services more
efficiently.
Councilman Plata gave the City Council a summary of his recommendation as
follows:
2.
3.
4.
5.
o
o
o
°
Cut 2 production operators at the Wastewater Treatment Plant.
Cut 2 maintenance employees at the Wastewater Treatment Plant.
Cut 3 production operators at the Water Production Plant.
Cut 1 Lift Station maintenance employee.
Eliminate 5 vacancies out of Water Productions, Wastewater Treatment,
and Lift Station areas in the budget.
Move lift station operations out of the Water Production Plant and move
it over to Sewer Maintenance.
Transfer or hire at least 4 employees in the Parks Department to take
care of mowing outlying fields at the Water Production, Wastewater
Treatment Plant, all Lift Station areas, Sports Complex and Police
Station when everything comes online.
Install a 12 hour schedule for workers at both the Wastewater Treatment
Plant and the Water Production Plant or at least a comparable schedule
where employees do not overlap shifts.
Work out specs enabling the city to put operation of the Wastewater
Plant and Water Production plant out for bids from private
organizations (as chair of the Water Study Committee, I would like to
be involved in the spec process and also have council review specs
Regular City Council Meeting
June 9,2003
Page 11
before bid is let).
Mayor Fendley asked if any of the other members of the Committee would like
to make any comments. Councilman Weekly advised the City Council that he
went out to the Water and Wastewater Plants and he was amazed at some of the
things that were going on because he had not been to the plants. He stated that
Councilman Plata has worked very hard on this and he has looked at all of the
information and as a committee, tried to work together to do the best service for
the community.
Councilwoman Neeley advised that she would like feedback about privatization
from regulatory agencies and other communities that had privatized before the
city tries to come up with bid specs and she felt that Councilman Plata was
working on gathering that information.
Councilman Plata handed out a report that summarized the cities that he had
contacted who had privatized their water and waste water systems.
Councilman Bell made a motion to proceed with the reports and incorporate the
information in the city records so they can be accessed at any future date by the
City Council. The motion was seconded by Councilman Weekly and carried 7
ayes, 0 nays.
Councilman Plata's reports that he distributed to the City Council are hereby
attached to these minutes as Exhibit A.
Councilman Bell commended the Water Rate Study Subcommittee for the
exhaustive hours that they did on this work and stated that they deserved
Council' s thanks.
Mayor Fendley announced that the next item on the agenda is a staff report on the
water and sewer issues discussed at prior meetings of the Water and Sewer
Subcommittee.
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June 9,2003
Page 12
City Manager Malone said that today staff had forwarded Item 3F, minutes of the
May 15, 2003, Subcommittee Meeting, to council. Since it consists of 40 pages
of single space type he knew that Council Members had not had time to review
them. He said that many of the recommendations were those of Councilman
Plata. The subcommittee had not taken any formal action on any
recommendations. These are items that Councilman Plata has brought forward
on his own. City Manager Malone advised that staff would defer until the next
council meeting so Council Members would have an opportunity to read these
minutes. Staff would also furnish council with answers to the Mr. Plata's
recommendations. The staff is unanimous in feeling that these recommendations
would not be to the benefit of the citizens of Paris and they would be detrimental
to the system. The City Manager said he had planned to present a preliminary
budget for the water and wastewater departments tonight, but there was a
problem with the computer and he asked that the City Council table this item
tonight and as soon as finance can get this straightened out, they would bring it
back. He said that in the preliminary budget he had recommended cutting three
positions: one in the water, one in wastewater and one in lift stations. Those
positions are not currently filled. It is not that he thinks the positions are not
needed because in the long term he thought they would be needed. But staff is
trying to make judicious cuts in the budget. They have been told by the rate
consultant that whatever they do with these positions is not going to have any
significant impact on the rate. City Manager Malone advised that the rate
consultant will be here next week in connection with the Campbell Soup contract
and he thinks these issues can be addressed item by item during that visit.
He said if City Council chooses to direct these types of changes to be made they
will be implemented. He would recommend that council members tour all of the
facilities that are being discussed so they can have a better understanding of the
responsibility that is placed on the employees. If a member would like a tour he
asked them to contact his office for arrangements to be made.
City Manager Malone stated that it would be a gross mistake to implement these
recommendations that Councilman Plata has brought forward and he did not
think Councilman Plata is qualified to make those recommendations either by
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June 9,2003
Page 13
education or by experience. He felt that Councilman Plata has had enough
opportunity to visit the facilities and understand the workings of these
departments and he could not support those recommendations. The City
Manager said he can support the fact that Mr. Plata has put in a lot of work and
he commends Mr. Plata for his effort and his purpose. City Manager Malone
said he did not think that Councilman Plata has a negative point of view. Mr.
Plata believes in what he is telling the Council. There are qualified people over
the years that have built these departments and qualified people that are operating
these departments. There have been many additional duties and much additional
equipment that has been installed in these facilities to meet federal and state
mandates. One of the most important things they have to be concerned with is
the health and safety of our community as well as the health and safety of the
employees that work in these environments. These types of cut backs would not
enhance the city's position at all in those two areas; therefore he cannot support
these cut backs. City Manager Malone advised that they will take what
Councilman Plata has presented tonight and prepare a presentation for the City
Council for next week.
A motion was made by Mayor Pro Tem McCarthy to table Agenda Item 5B, staff
reports on water and sewer issues discussed at prior meetings of the Water and
Sewer Subcommittee, and Agenda Item No. 5C, receipt of a preliminary 2003-
2004 budget for the water and wastewater departments. The motion was
seconded by Councilman Weekly and carried 6 ayes, 0 nays, with Councilwoman
Neeley being out of the room.
Councilman Plata stated that if the city goes out for proposals for privatization,
there is nothing that says the City Council has to accept the proposal.
Councilman Plata wanted to know when the City Council could act on going out
for proposals. Mayor Fendley felt that there could be discussion during the
meeting on Monday, June 16, 2003, since the agenda was being set up to have
the water rate come forward.
Councilman Guest said this is a separate corporation or entity from the city as far
as the budgetary process, and he wanted to know if there was any profit or loss
Regular City Council Meeting
June 9,2003
Page 14
statement available for this fund such as a balance sheet.
Gene Anderson, Director of Finance, said this has all the traditional financial
statements that a full business would have and they are all included in the annual
audit. He will bring a copy of last year's audited financial statement.
Councilman Bell asked if during the presentation of the water rate analysis by
Reed and Stowe they showed the fund being short $600,000.00. Mr. Anderson
said water rates in Texas are set on a cash basis and there was an indication of
a deficit of about that number. The city has been falling behind since the last
study because the consumption that was forecasted has never been reached.
Consumption has been dropping the entire time and therefore cash has been
dropping.
Councilman Bell questioned that if we had a shortfall of $600,000.00 and if
Councilman Plata's changes were adopted and, in effect, did what he thinks the
changes might do, whether we would then be at a shortfall of approximately
$200,000.00. Mr. Anderson said that is talking about on any given year, and as
he has reported to the City Council in the past, the operating fund of the water
and sewer area has a deficit balance of about 1.2 million dollars, currently,
because the city has been losing money ever since the city adopted the last rates.
That was because consumption has been less than what was anticipated. Mr.
Anderson said that unless the rates are increased the deficit will be more like 1.8
million dollars by the end of this fiscal year. He said it is not just a matter of
cutting it to the point where it breaks even or also most breaks even, the city has
to make up the deficit that they worked themselves into. Mr. Anderson said it
was a two-fold problem. Councilman Bell asked that Mr. Anderson bring the
Council the balance sheet that shows where this deficit is coming out of the
reserve funds. Mr. Anderson advised that the city has a consolidated cash bank
account where all money they can legally put in a single bank account, they do.
He said that is what has allowed us to keep going because the water and sewer
fund can legally be placed in the consolidated cash bank account. This may be
a surprise to the new council people, but it is not a surprise to the old council
members because they have discussed this problem during the last two budget
Regular City Council Meeting
June 9,2003
Page 15
workshops. It is a growing problem, but it is two-fold. He said that on any given
year the city has to at least break even and the city has to catch up what was lost
in the last three years. Mr. Anderson advised that even if you make a significant
cut, how the city could avoid a reasonable increase in order to start catching back
up to where the city needs to be, because the city's bond covenants on the debt
issues they have done, require a certain amount of reserve? One of those
requirements is that the operating fund of the water and sewer fund has to have
an amount equal to one-sixth of the operating budget of that particular year. That
is, if you took the total budget and backed out the capital and debt payment, one-
sixth of what is left should be the cash balance in the water and sewer operating
account as a minimum. Mr. Anderson said the city has to make up the deficit
by getting up to that point or the city will be in violation of the bond covenant,
which the city is.
Mayor Fendley asked Mr. Anderson how much longer they have on the bond
issues and if the issues are staggered. Mr. Anderson said they were staggered.
He said for some months they have been monitoring the possibility of refunding
two of the current outstanding issues. One is water and sewer related and the
other is tax supported. They think they are at a point where they can have
significant enough refunding savings to bring that recommendation to the City
Council. Mr. Anderson introduced Dan Almond from Southwest Securities to
give the City Council a brief presentation that will summarize the savings. In
answer to Mr. Fendley's question, Mr. Anderson stated that most of the city's
debt is level funding 20 year debt and the city has had issues as recent as the year
2000.
Councilman Guest asked Councilwoman Neeley whether she and the other
committee member agreed with what Councilman Bell referred to as Councilman
Plata recommendations. Councilman Weekly said he agreed in a way and
Councilwoman Neeley stated that she had mixed feelings. Councilwoman
Neeley advised that Councilman Plata did 99% of the work. She felt there are
cuts that can be made to save money, but she did not know if she would be
comfortable going that far and that deep. The doubt comes from a lot of the
water background that she had and she is afraid of something that the city could
Regular City Council Meeting
June 9,2003
Page 16
get into, such as being out of compliance. Councilwoman Neeley said she told
Councilman Plata that she could never be comfortable with there being only one
person at the plants because they are isolated. They talked about that when he
made out his schedules and she thought he made sure that there were at least two
people at any one time.
Councilman Guest asked if there is as model for best practice anywhere
concerning this department. Mayor Fendley said he thought there were outside
professional people to do this type of study. Mr. Anderson advised that it is hard
to compare one city to another. City Manager Malone told the Council that the
firm, Freese and Nichols, that does the production study is qualified to do that
work and they are the most prestigious firm in the State of Texas. Councilman
Guest stated that he highly recommended that they look toward doing this. Herb
Campbell, Director of Utilities, advised the City Council that item number nine
on the scope of work for Freeze and Nichols requires them to determine the best
practices. City Manager Malone pointed out that when the TCEQ people in Tyler
were going to train their new inspectors, they did not take them to Tyler. They
brought them to Paris to show what a good operation looks like.
Councilman Plata said that is why he was asking why the city couldn't go out and
let a private company bid this and there is nothing that says the city has to accept
the proposal. This would give the city a good indication, if the city was in
compliance, and if it comes back and the city is only a $100,000.00 more than
what they say they can run the plants for, or $500,000.00 that is alright. He said
he would like to go out and make a bid.
City Manager Malone said it would take a tremendous amount of staff time to
put together the type of information that all these firms would require to make
a proposal. Prospective bidders would have questions as to how the city operates
and what type equipment the city operates. The City Attorney, Engineering, Mr.
Campbell's staff and the City Manager would spend all of their time putting
together the information.
Councilman Plata said OMI had sent the City Attorney a copy of their standard
Regular City Council Meeting
June 9,2003
Page 17
contract. Why could the city not go with that contract?
Mayor Fendley advised that the City Council has the detailed minutes of the
committee when they met, and they will bring Agenda Item 5B and 5C from the
table and they will hear the staff' s comments about the Subcommittee's report.
We will get the budget and the additional financial information from Mr.
Anderson, and then the City Council can talk about all of those issues.
Councilwoman Neeley stated that the three new council members need the
notebook that has the study done by Reed and Stowe.
Councilman Bell said he recalled that several years ago toward the end of the
budget year they would rob the water and sewer fund to pay the general fund. At
that time the amount was in the area of $300,000.00. Councilman Bell waned
to know what amount is projected for this year for the Council to transfer to the
City. Councilman Bell said at that time Mr. Malone explained that the amount
was to reimburse his time, the attorney's time, the engineer's time. He wanted
to know if a project of that amount of money had been made for this year.
City Manager Malone advised that this money is for more than just these
individual's time. It covers a franchise fee that is charged and paid by the Water
and Sewer Fund. There is also an administrative transfer which in many cases
is under the percentage that other cities transfer in to their General Fund for the
same purpose. City Manager Malone said he did not have that figure handy.
Mr. Anderson advised that the projected administrative transfer is $750,000.00.
The franchise fee brings that up to about 1.1 million dollars.
Mr. Bell stated that the city is going to take a million dollars out of the Water and
Sewer Fund and put it into the General Fund for administration and franchise
fees.
Councilman Bell asked if it was true that if we privatize the water and sewer
departments the city would collect the franchise fee but not the administrative
Regular City Council Meeting
June 9,2003
Page 18
Mr. Anderson said it would depend on what the work the city expected of the
contractor. If the company only operates the plants then the city would still be
doing the record keeping, taking bid proposals, and other administrative work.
Mr. Anderson said City Council would still be responsible for setting the water
and sewer rates. Even if a company operates the plants, that is a responsibility
that city council does not delegate.
City Attorney Schenk advised that was the point he was going to make when Mr.
Plata mentioned the model contract that OMI sent to the city. He said there are
two issues to consider. First, it is the vendor's contract and he has a problem
with adopting whatever they might provide. Second, the city needs to know what
level of services the City Council was to bid out. Do you want to bid everything
from billing to representing us in front of administrative agencies? Do you want
to consider seeking proposals to operate the waste water plant, operate the water
plant, maintain the lines, or maintain the lift stations? The City Attorney said
that city staff would need to know what City Council wants proposals on and like
any other proposal they is going to be some gains and some losses. He said that
even if they are going to be operating the two plants, the city is still going to have
to have staff to maintain the lines, handle permits, prepare the billing and many
other things.
Dan Almon with Southwest Securities appeared before the City Council
explaining that he is here to give them information on a couple of outstanding
bond issues. Currently the Series 1993 and 1994 bond issues could be refunded
because interest rates are much lower today. Mr. Almon said he was here to
make Council aware of the mechanics and the potential refunding and at the
conclusion of his remarks determine if the Council would like for them to go
forward and affect that savings. Mr. Almon advised that when they talk about
refunding bond issues, it is understood that they are a product of interest rates
and the savings are volatile. Bonds are going to change subject to the rates as
they change from day to day. He said it will take approximately six to eight
weeks to get to market. If the city authorized them to proceed, they will try to
Regular City Council Meeting
June 9,2003
Page 19
meet with the Council at the regular meeting in August and bring a formal
proposal, which the Council will look at in detail and decide to accept or reject
the proposal. Mr. Almon advised that for the Council to feel good about
Southwest Securities going forward with this endeavor, he had run out the
savings report that Mr. Anderson just passed out. This will give City Council
ideas to quantify where the savings are today in today' s market. Mr. Almon said
this report represents the principal and interest in total of a proposed new bond
issue. The proceeds of which would be adequate to pay all the cost of issuance
and also pay off the principal and interest of those old bond issues, the 1993 and
1994 series up to the point that you could take them away from holders and
cancel those bonds. Mr. Almon said that the 1993 bond can be taken away from
holders on December 15, 2003, and the 1994 series can be taken away from
holders on December 15, 2004. Mr. Almon advised that once the new refunding
bonds are sold and delivered, that money is placed in escrow and invested until
those bonds can be taken away from the holders and cancelled.
City Attorney Schenk advised that as Agenda Item No. 5C has been tabled
because of not having the full amount of information in regard to the budget.
This particular presentation was structured to be part of that over all presentation
of the budget and that is why they are doing this tonight. He said that since Mr.
Almon is here tonight, the balance of the presentation will be done on June 16,
2003, and the council will need to include and incorporate this impact on the
budget at that time. City Attorney Schenk suggested bringing that item from the
table.
A motion was made by Councilman Bell, seconded by Mayor Pro Tem
McCarthy, to bring Agenda Item No. 5C, receipt of a preliminary 2003-2004
budget from the water and wastewater departments, from the table. The motion
carried 7 ayes, 0 nays.
Mr. Almon pointed out from his report that the right hand column represents a
period through the year 2015, during which the City of Paris could save
approximately $700,000.00 plus dollars. He said that was based on the interest
rates, which is shown in the third column from the left under proposed coupon
Regular City Council Meeting
June 9,2003
Page 20
and that is the net of the cost to issue the bonds. Mr. Almon said they would be
selling enough bonds to pay off the outstanding bonds on those two series, the
1993 and 1994, to the early call date plus pay the interest on those bonds until
the early call date along with the cost of issuance relating doing the new
refunding bond issue. He advised that the debt service on that amount of bonds,
which this page is telling us, is still about seven hundred thousand less than the
debt service on the bonds that would be refunded. Mr. Almon said when they
decided to actually present it to the Council, they thought that they had better
back off and put 5 or 10 basis points in the rates as they have two months
between now and the time they get to market. They did not want to be unfair
representing the city's expectations, but they think that this is a very reasonable
representation where the market is today. Mr. Almon told the Council that the
rates that he is showing in the third column, within 5 to 10 basis points are
today's rates for this type obligation. They would sell their as triple A rated and
it would be bank qualified and those rates are where they would be.
After further discussion, a motion was made by Councilman Bell to table Agenda
Item 5C. The motion was seconded by Councilman Plata and carried 7 ayes, 0
nays.
Mayor Fendley announced that the next item on the agenda was a presentation
of projected impact on system water rates of proposed new methodology for
assessing water rates for inclusion in a new water purchase contract with
Campbell Soup Corporation.
City Attorney Schenk advised that the purpose of presenting this to the Council
is that he wanted to give them a general description of the discussion they have
had with Campbell Soup officials at the local level plus one corporate individual.
They were very frank; they were positive; they felt they were above board with
everyone trying to accomplish the desired goal. He said that his purpose in
presenting this to the Council was to tell them about the rate methodology that
is being considered. It is a two- part rate structure that would be incorporated
in the contract and is different from the current rate structure. The nature of that
rate structure would encourage the company to increase their volumetric use with
Regular City Council Meeting
June 9,2003
Page 21
regard to water for the mutual benefit of the City and Campbell Soup. City
Attorney Schenk said he interpreted this council's desire that the city do
something with Campbell Soup that would help them maintain a competitive
position within the company to seek new product lines and also encourage the
company, in the sense of their production, to use more water in the production
process. He said that those were the two goals that they included in their
discussion with the company. These goals were discussed with Mr. Stowe and
he has used these goals to generate this new proposal. The City Attorney advised
that what they are looking at is a projected impact of that methodology in a new
contract, assuming that the volumetric use of the company has not increased.
The company has been responsive to the city in saying that they believe that the
proposal that the city has placed on the table will enable them to compete
favorably within the company for new product lines. However, the impact to the
city is that if the volumetric rate of taking water does not increase there will be
a shortfall of $144,000.00 over what the city would currently receive under the
current contract. That shortfall would have to be made up in some way in the
over all rate structure, either by passing that rate increase along to other rate
payers, or in other ways. This proposal would include an annual adjustment. It
will be looked at every year and both parties are in favor of that arrangement.
The City Attorney said his purpose of presenting this to Council was to see if this
is the correct direction that Council wanted the city staff to take.
A motion was made by Councilwoman Neeley, seconded by Councilman
Weekly, for city staff to continue with the negotiation with Campbell Soup. The
motion carried 7 ayes, 0 nays.
There being no further business, the meeting was adjourned.
CURTIS FENDLEY, MAYOR
ATTEST:
Regular City Council Meeting
June 9,2003
Page 22
MATTIE CUNNINGHAM, CITY CLERK