03/10/2014MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
March 10, 2014
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
March 10, 2014, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: A.J. Hashmi
Council Members: Aaron Jenkins; Billie Lancaster; John Wright;
Richard Grossnickle; Matt Frierson; and Cleonne
Drake
City Staff: John Godwin, City Manager; Kent Mellyar, City
Attorney; Katriana Wright, Deputy City Clerk;
Gene Anderson, Finance Director; Shawn Napier,
City Engineer; Larry Wright, Fire Chief; Bob
Hundley, Police Chief; Kent Klinkerman, EMS
Director; Alan Efrussy, Planning Director; and
Doug Harris, Utilities Director
Opening Agenda
1. Call meeting to order.
Mayor Hashmi called the meeting to order at 5:30 p.m.
2. Invocation.
Pastor Charlotte Coyle gave the invocation.
3. Pledge of Allegiance.
Council Member Grossnickle led the pledge.
4. Citizens' Forum.
Ray Banks, 3450 Robin Road — he read a letter from Don Taylor who requested that an
independent investigation be conducted by the Texas Rangers of the Paris Economic
Development Corporation.
Dr. Robert Zimmerman, 1110 E. Austin Street — he expressed concern about individual
rights and rights of business owners if an ordinance prohibiting smoking in restaurants and other
public places is adopted.
Rachel Kane, 10900 -B Stonelake Blvd., Austin, Texas — she spoke in support of the
smoking ordinance.
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March 10, 2014
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Jackie Alsobrook, Misty Lane — she said she wanted the city to retain ownership of Lake
Crook.
James Miller, student, 2350 Briarwood Street — he asked that the Council vote for no
smoking.
Dr. Robert Moseley, Shannon Drive — he said he had heard that PEDC had spent between
22 and 35 million dollars, but in speaking with four companies he learned all four selected other
cities to locate. He questioned if there was a record of companies who were visiting Paris and if
research was being conducted as why companies did not select Paris. With regard to the
smoking ordinance, Dr. Moseley said there was proof that bars would lose up to 30% of their
business if they went to non - smoking facilities. He also said although he was for freedom of
choice, that Lamar County should be included in any type of smoking band.
Jim Bell, 720 39th S.E. — he said the no smoking ordinance was a step in the right
direction. He also said he owned an apartment complex and he could not enforce the 100 feet
distance rule. He said the owner of apartment complexes should be allowed to designate areas
outside.
Taylor White, student, 30th N.E. Street — he said he was part of Operation Tobacco Now
and asked that the Council please pass the smoking ordinance.
Consent Agenda
Mayor Hashmi inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. There being none, a Motion to approve the Consent Agenda
was made by Council Member Frierson and seconded by Council Member Lancaster. Motion
carried, 7 ayes — 0 nays.
5. Approve the minutes from the City Council meeting on February 24, 2014.
6. Receive reports and /or minutes from the following boards, commissions, and committees:
a. Library Advisory Board (1 -22 -2014)
b. Paris Convention and Visitors Council (11 -12 -2013)
c. Paris Economic Development Corporation (2 -11 -2014 & 2 -17 -2014)
7. Approve a Joint Election Agreement between the Paris Independent School District, the
City of Paris and Paris Junior College.
Regular Agenda
8. Discuss and consider awarding bids for cutting and removing hanging limbs and trees,
and authorize the use of unbudgeted reserves for said purpose.
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Page 3
City Manager John Godwin cited public safety as the reason for necessity of removing
hanging limbs from easements and right -of -ways. He said the city received two bids and his
recommendation was to award the bid to Ray's Tree Service in the amount of $170,000, which
was the lowest bid.
A Motion to award the bid to Ray's Tree Service was made by Mayor Hashmi and
seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays.
9. Receive update on the hiring of a Public Works Director.
Council Member Drake inquired how many applications had been received by the city
and Mr. Godwin replied that eight applications had been received in four weeks. Mr. Godwin
said a deadline for receiving applications had not been set.
10. Discuss and possibly act on pursuing a historical marker for Cox Field Airport and
restoration of landscape.
Council Member Lancaster referenced the presentation she had given at the previous
council meeting. She recommended that a historical marker be placed at the airport. She also
mentioned that the shrubs which had spelled out "Paris" were gone and left a vacant space.
Council Member Lancaster said the costs involved would be between $100.00 and $2,000.00.
A Motion to place a historical marker and replace the shrubs at Cox Field was made by
Mayor Hashmi and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays.
11. Discuss and act on the anonymous letter received with documentation, by the Mayor and
passed to the Council Members alleging misconduct at the PEDC.
Mayor Hashmi said last September, Mrs. Rebecca Clifford and Mr. Bill Strathern gave to
City Council separate presentations accusing PEDC of suspected illegal activity, as well as
incomplete and poorly financial oversight. He also said recently the Council received an
anonymous letter with documentation accusing PEDC of working with a local company to
collateralize a loan of 5.8 million dollars with insufficient value of loan security in the amount of
$43,970. In summary, the Mayor said the letter alleges that a company in Paris received a loan
of 5.8 million dollars from a bank and that the PEDC guaranteed the loan against a property
valued at approximately $44,000 in the year 2010. Mayor Hashmi said there may be a problem
with loan security or the appraised tax value or both. He also said the letter states there may be a
conflict of interest between the City Council Member negotiating the incentive agreement with
the PEDC on behalf of the company. Mayor Hashmi said the City Council had received
accusations by three different sources, which he felt compelled the Council to take steps to
investigate these allegations for protection of the taxpayers, as well as those accused. Mayor
Hashmi stated he was going to make a motion and if he did not receive a second to the motion,
there would be nothing to discuss.
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A Motion to ask PEDC to conduct a forensic audit of the PEDC accounts by a source
outside of Lamar County was made by Mayor Hashmi. Council Member Wright seconded the
motion.
Mayor Hashmi opened the item for discussion. Council Member Frierson said this item
went through PEDC, an attorney and that Mr. Wright attended the meetings. He said Mr. Wright
did not raise a flag at that point. He also said PEDC had been auditing itself. Council Member
Frierson said this particular company was a job creator and he did not know if an audit would be
valid. Council Member Wright stated that he was a non -voter for the purpose of PEDC meetings
and that at that time he served as a liaison, along with Council Member Edwin Pickle. Council
Member Frierson inquired if Council Member Wright had the responsibility to report to the City
Council and Council Member Wright replied that the entire Council received minutes from the
PEDC. Council Member Drake said she was not fond of anonymous letters; however, there are
times that people worry about retaliation so they write these types of letters. Council Member
Drake said as public servants, they have a duty to look at these types of issues, because the
people put their trust in the City Council. She also said when a new PEDC director is hired, that
the person would want to know that business had been conducted above board. Council Member
Drake emphasized that she was not accusing anyone of anything, but that the Council had
received information from three different sources about some questionable activities at the
PEDC. She also said although this occurred four years ago, that information had been brought to
the attention of the current City Council. Council Member Drake said she wanted to get this
matter cleared up, so that the City and PEDC could move forward. Council Member Grossnickle
said the information was incomplete and that he had been told there was more to guarantee the
loan than just that one property. He suggested that PEDC asked questions of the participants to
find out if there was more security for collateral prior to hiring an auditor. He said that HWH
had done a lot for the community by way of creation of jobs. Council Member Lancaster said
she did not like anonymous letters, but they had received the information and she would like for
PEDC to obtain complete information. Council Member Jenkins said he was uncomfortable with
this issue and needed additional time to consider it. Council Member Frierson said he had taken
a quick glance at the Lamar County Appraisal District and that the total value of the company's
property was in excess of three million dollars. He also said this company had been good for
Paris, had created jobs and had expanded the business. Mayor Hashmi said he understood, but
that the City Council had received this letter and some attached documentation, which is why he
placed the item on the agenda and why he made the motion. Council Member Wright said he was
not accusing anyone of anything, but the Council was made aware that there was some
questionable activity that had occurred at PEDC and that no one could deny that. Based on all
the information received, Council Member Wright said it would not hurt for a review of PEDC.
Council Member Wright also said the people that were innocent certainly needed to have their
name cleared.
Being no further discussion, Mayor Hashmi asked for a vote. Motion carried, 4 ayes — 3
nays, with Council Members Jenkins, Grossnickle and Frierson casting the dissenting votes.
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12. Discuss and act on an Ordinance amending and replacing Article III, Smoking
Regulations of Chapter 17 of the code of Ordinances, prohibiting smoking in public
places.
Mayor Hashmi said the committee met prior to the City Council meeting and had made
revisions. Committee Co -Chair John Kruntorad said the new proposed changes included a
$50.00 fine for a first offender, as well as a universal distance of 30 feet a smoker would have to
stand from an entrance. He also said the committee recommended all hotel and motel rooms be
non - smoking. Council Member Grossnickle suggested that bars be added to the ban, while
Mayor Hashmi suggested the Council follow the recommendations of the committee.
Committee Member Jeff Martin told the Council that he did not believe either side of the
Committee would be completely satisfied with the resolution, however a lot was achieved and
both sides compromised for what they felt was best for the entire community. City Council
Members expressed appreciation to the Committee for their work on this important issue. It was
a consensus of the City Council that City Attorney Kent McIlyar make revisions to the ordinance
to reflect the recommendations of the committee and bring the ordinance back to the March 24
meeting.
13. Appoint a member to the Library Advisory Board to fill an unexpired term.
Mayor Hashmi opened the floor for nominations. A Motion to nominate Carol James to
serve on the board was made by Council Member Drake. With no other nominations being
made, Mayor Hashmi closed the floor.
A Motion to appoint Carol James to the Library Advisory Board was made by Mayor
Hashmi and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays.
14. Receive and discuss annual report and plans for the Utilities Department.
Utilities Department Director Doug Harris presented the annual report and plans to the
City Council for the utilities department and answered questions from City Council. Mr. Harris
explained there were 18 lift station facilities located throughout the City's collection system and
outlined the needed updates. He also reviewed water production and wastewater treatment
divisions, including needed updates and additional needed personnel. Mr. Harris also reviewed
goals for the department.
15. Consider and approve future events for City Council and /or City Staff pursuant to
Resolution No. 2004 -081.
Mr. Godwin said the meeting between the City Council and the Retail Committee was
scheduled for Monday, March 17 at 5:30 p.m. in the Council Chambers.
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16. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Frierson and was seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. The
meeting was adjourned at 7:07 p.m. n
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