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12 City Council (09/08/03)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL September 8, 2003 The City Council of the City of Paris met in regular session, Monday, September 8, 2003, 6:00 P.M., at Paris Junior College, Bobby R. Walters Applied Technology Building, Room 1206, 2400 Clarksville Street, Paris, Texas. Mayor Curtis Fendley called the meeting to order with the following Council Members present: Jim Bell, Jay Guest, Joe E. McCarthy, Francine Neeley, Willie Weekly, Sr., and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. Mayor Fendley announced that the first item on the agenda was a public hearing on the City Manager' s Proposed Budget for fiscal year 2003-2004 for the City of Paris. Mayor Fendley declared the public hearing open and called for those wishing to speak to come forward. Betty Ellis Brown and Claire Haslam appeared before the City Council representing Family Haven Crisis and Resources Center, Inc. Ms. Brown said they work with family violence of both women and children, along with sexual assault and other violent crimes. She said her office is a small office behind the Lamar County Health Department. Ms. Brown advised that she saw more than 800 clients last month. Ms. Brown said they have been told by some engineers that they have mold in their air-conditioning ducts. She advised they had never been before the City Council asking for anything, but this is a specific amount of $3,000.00 that will be used to get the ducts cleaned out so that she can see those women and children there. She said they can get the labor free, but the material will cost about $3,000.00. Mrs. Haslam stated they would appreciate the city' s consideration in this matter. She pointed out that they have been a nonprofit organization in Paris since 1982 and they serve more than 1,300 victims a year. She expressed their appreciation for any consideration that the City Council could give Family Haven. Dennis Nelms came forward stating that he has had a problem with the city regarding a problem on a drainage ditch for the last three or four years. Mr. Regular City Council Meeting September 8, 2003 Page 2 Nelms stated that he has not been able to get the city to do any repairs to the drainage ditch. He said that the city has issued permits to build apartments on the corner of 25th and East Cherry, which will put a lot more run-off water in this ditch. Mr. Nelms said this ditch washed out once again along his barn and this is not the first time he has had problems with a wash out. He passed out photographs; one was where his bridge washed out several years ago. Then he wrote letters to each council member. The other pictures showed the washout area. He said that he received a letter from Ms. Neeley stating that he had received a response from the City Manager and the City Attorney, but he did not receive the letter and this has been more than two years ago. Mr. Nelms felt that the City Council should look at this issue and fix additional drainage. He said that last week, there was another washout and the city came out Monday and poured concrete and fixed that much. Mr. Nelms gave the Council a picture that was taken about an hour ago and pointed out the washout. He advised that this is the lowest area in the whole community and all the water comes to that creek. He did not know how far they were coming back from Wade Park to do their renovation, but the way he understands it, it does not come that far back. Mr. Nelms said he was referring to the creek that runs behind Wade Park. City Manager Malone advised that what he was talking about is not dedicated right-of-way or easement to the city. The City Manager advised that Mr. Townsend and Mr. Napier had been out there a number of times over the years and that has been explained to Mr. Nelms. City Manager Malone said that he could ask Mr. Townsend and Mr. Napier to come forward and give some information about this matter. Mr. Nelms said he spoke with Mr. Napier and he did say that to him last week and showed him something that had not been presented to him before. He said that there is a section in there, probably about 250 feet long, where the city did not get an easement and the city really needs that easement to move all the water. Mr. Townsend also has been out there. Shawn Napier, City Engineer, advised that what they are looking at is a lot and block, and when all this was done, they set these subdivisions up this way. They Regular City Council Meeting September 8, 2003 Page 3 took them as they were and this area has not been platted before. He said that typically, when a plat is filed, they get easements at that time. An easement has never been dedicated there and by ordinance, they have no right to get in there and do anything. Councilwoman Neeley advised that is what the letter basically stated. By ordinance, in order for the city to take this creek in, Mr. Nelms would have to put in a low flow concrete channel. Councilman Plata wanted to know when the 24th Street Project is going to be started. Mr. Napier said they were going to try to get all the easements together and possibly put that project out to bid in January or February, so they can start the project in the springtime. Phase I will be from Simpson Street north to Cleveland or Hubbard or in that neighborhood. Then there will be Phase II that will actually go from there all the way up to Lamar Avenue. Mr. Napier said the money was set aside several year ago and when time goes by the cost of the project goes up. They decided to break the project into phases. They will bid the first phase out, see how much money they have left, and then approach the second phase. Councilman Plata said there was approximately one million dollars in that fund for that project. Mr. Napier said he would get those figures together and have something for them tomorrow night. Nancy Gant, a Board Member of the Children' s Advocacy Center, came forward, stating that she has been on the board for several years now and she could not think of a better project as there are so many needy children. Ms. Gant stated the City Council did not have any idea of how many kids that have been abused in this area, including Cooper, that they have taken in. Ms. Gant said she did not know what they would do if they did not have the center. She asked the City Council to help fund the Children's Advocacy Center with a donation of $10,000.00. Carol and Jerry Hammack, 2015 Kyle Drive, came forward speaking in support of the Children's Advocacy Center as Board Members. Kenneth Webb, President of the Children's Advocacy Center, came forward reminding the City Council that they did need the donation from the City of Paris Regular City Council Meeting September 8, 2003 Page 4 and their support was greatly needed as there are going to be cuts coming from the United Way, but if they could see it in the hearts to give the $10,000.00 to worthwhile organization, it would be appreciated. Stephanie Hunt, Executive Director of the Children's Advocacy Center, also appeared, telling the City Council that she is one of the people that sees the children walk through the front door and this is something that people don't like to think about. She said no one wants to think about child abuse, but child abuse is a community problem and to be successful, they need the help of the community at large, as well as the agencies that respond to child abuse. She said there are currently 50 CAC's in the State of Texas and they are proud that the City of Paris is a part of this group. Ms. Hunt said that they were requesting the same amount of funding received last year because children in this town need this money. She stated that the city has supported them so much in the previous years and she knew they were having a tight budget crunch this year, but she hoped they would continue their support. Gary O'Connor, 4505 Choctaw Lane, President of the Lamar County Human Resource Council, came forward stating that he was representing the interests the elderly and handicapped people of Paris. He said the Lamar County Human Resources Council is the only agency that is primarily providing services to the elderly in Lamar County. Mr. O'Connor said they provide Meals on Wheels, which is delivered to people who are unable to come to the meal centers where they have an opportunity to meet and socialize and get one good warm meal a day. The program is one of the best kept secrets around because it helps keep people out of nursing homes and expensive care center. He said the second thing is the funds that Council has provided in the past which helped them bring in almost one-halfofa million dollars in funds from outside of Lamar County, most of which was spent in Lamar County. He said that without adequate local funding, they would be unable to do that. Finally, if his calculations are correct, the amount that they have requested would cost the average citizen about a nickle a month in taxes. He felt that most people would consider that a bargain. Angila McGee, 6615 Oak Wood Lane, appeared before the City Council stating Regular City Council Meeting September 8, 2003 Page 5 that she is a new Board Member of the Lamar County Human Resource Council, but she has come to understand and realize that the programs that are offered are some of the things that people do not think about every day, but it is important to touch the lives of the elderly. She asked that the City Council consider their request. Vickie Bonham, Director of the Lamar County Human Resource Council, was present and said as Mr. O'Connor pointed out, they did receive their entire packet and were requesting $10,000.00 of funding again this year. Ms. Bonham said it is not only important this year for their 10% match money that they have to provide for their contract services, but it is also important because this past year they received a grant to eliminate their waiting list for their Meals on Wheels program. They were able to do that, which feeds an additional 30 people per day with home delivered meals. Ms. Bonham advised that this funding runs out this September and it is extremely important that they do not have to stop providing services to those additional people that they could continue those services in the up coming year. Ms. Bonham advised that they were also providing services for children and their parents and that is with Paris Junior College in the Even Start Program, which is a family literacy program. She said this gives low income children and their parents an educational opportunity as well as parenting skills and family life skills. Ms. Bonham told the City Council that they also received funding for the Kids Cafe, so they will be able to provide evening meals to low income children who receive free and reduced lunches in the school systems. Brad ?erry, 120 Footed Hill, ?owderly, Texas, President of the Breakfast Optimist Club of Paris, was present telling the City Council that for the past 28 years the City of Paris has provided financial support with the electricity for Woodall Fields, but what is most important, for the thousands of children from this community. Mr. ?erry said their club serves between 800 and 850 kids annually, not only through a baseball program, but through other youth- oriented programs. They also provide scholarships to graduating seniors in Lamar County each year. He said their program provides these services through volunteer hours, which were approximately 12,700 volunteer hours last year. He said this program has grown from utilizing one field, which was at Culbertson Park, to Regular City Council Meeting September 8, 2003 Page 6 their current location where they have seven fields. Mr. Perry said they pride themselves on always allowing any kid that desires to play the opportunity to play baseball. Mr. Perry said the City of Paris can buy electricity at a much cheaper rate than can the Breakfast Optimist Club. Mr. Perry asked for the same consideration as they have had for the past 28 years. Karl Louis, Police Chief, 811 Bonham Street, was present, stating that he wanted to speak regarding an important part of this city and that is the baseball youth complex. He explained the benefit to the city from a crime prevention standpoint. He said that the Police Athletic League sponsors teams at Woodall Field and that the kids stay involved in the sports, keeping them off the streets and out of trouble. He felt that it is a great asset to the community. Chief Louis said his child played out there and he was a coach for 8 or 9 years and it is a valuable asset to the community. He urged the city to continue supporting the Breakfast Optimists. Kenneth Webb appeared in support of the Breakfast Optimist Baseball Club. Mr. Webb said that Paris Junior College does a lot to help this community out and so does the City of Paris. He said they all have to pay for services that other people use. The city helps to pay for services of the Breakfast Optimist Baseball Club and Paris Junior College does the same thing at the college. That is what makes Paris great and that is what makes Paris a wonderful place to live. Mr. Webb asked the City Council to try to see the need for this program and the need for the future of the city through these kids. Councilman Weekly asked if the Boy's Club played baseball at Woodall Field. Mr. Perry advised that this year, the Boy's Club did not have a baseball league and they were the only one in town. Prior to that, they did have an all-star team that did participate during the Dixie League All Star Play-off. Mr. Webb advised that the kids from the Boy's Club are playing at Woodall Field now. The Boys and Girls Club has a basketball program that is really strong and several other programs. Mr. Webb said there is no conflict of interest as to what they are doing. The baseball fields are being used by the City of Paris program for four year olds; therefore, Sally Wright has been utilizing those fields and it has been Regular City Council Meeting September 8, 2003 Page 7 a successful program. Those fields are also being also used as practice fields. Bill Clark, Powderly, Texas, was present, stating that he has been with the Optimist Club for about 25 years, and that it has been said that the kids from the Boy's Club cannot come to Woodall field. Mr. Clark stated that when the kids come to sign up, they are not asked if they are from the Boy's Club. He said he wanted to make sure that everyone understands that it does not matter where they are from, they just sign them up. Mr. Clark said they take sign up sheets to the Boy's Club Executive Group and ask them to have the kids sign up and they make all the arrangements so they can accommodate these kids. He said that it takes participation by the parents and the community leaders in order to help the kids get out to Woodall Field and into their program. They have room for them and they want them to play baseball. Jim Arneson, 925 31 st Street, Executive Director of NETCADA, came forward telling the Council that they have been providing counseling and treatment here in Paris for quite a few years. He said that 60% of their budget is spent on youth prevention and intervention programs. He said with the support of the city, they have been able to provide many important services to Paris citizens to combat what has become the number one social problem in this nation. The abuse of alcohol and drugs costs Texas $19.3 billion annually. He said that is over $1,000.00 for every man, woman and child in the state. Mr. Arneson said they are providing screening, assessment, and referrals servicing to all ages, and they provide a variety of substance abuse related educational classes to adults and youth. Mr. Arneson said the Texas Commission on Alcohol and Drug Abuse requires a 5% match on the funding they provide. Through a very competitive process, they have been successful in bringing needed services to this area where a dollar of local match covers $20.00 of state funding. He said that is why it is so important to have the financial support of the City, and again, they were requesting $10,000.00 to help fund NETCADA. Cindy Bowlin, Executive Director for Models of the Maker, appeared before the Regular City Council Meeting September 8, 2003 Page 8 City Council, requesting $10,000.00 in support of their organization. She said these funds will be operational funds and will enable them to continue to provide service to the homeless women and children of this community. Ms. Bowlin said their mission is to feed, clothe, and educate these women and children. They offer parenting classes, life skill classes, and bible study. She advised that their current shelter can house up to 20 individuals comfortably, and the shelter serves about 100 women on a one-to-one basis per year. They have assisted 87 non- resident individuals through food baskets, diapers, bus tickets, crisis calls and referrals for a total 207 clients. She said they have seen many success stories that go on to wonderful jobs with benefits as well as obtain a GED and even attend college. Ms. Bowlin said they believe they are providing an essential service for the community. She said the rural homeless are invisible to the untrained eye. They are hidden in condemned houses, tents or just floating nightly from one place to another. Ms. Bowlin again requested funding for their program. Don Stuckey, 2350 Ballard Street, was present representing the kids of Paris, Texas. He said he looked over the budget and he saw two things, The Think Child Safety, which is a great program, and PAL. He said he had not found a budget on PAL. Mr. Stuckey said he did not think that they, as Council Members, realize that the Breakfast Optimist services baseball in the summer, the Noon Optimist helps the Boy's Club and also the ?ee Wee football, Girl's Fast Pitch by Carl Wade, the Boy's Club, and the Kiwanis Soccer. He said that the City of Paris built the Paris Swimming Pool. They now have swim team meets there and had as many as 800 people come to the city to a swim meet. Mr. Stuckey said he felt that the people in Paris, Texas, have the biggest hearts. Mr. Stuckey urged the city to help support these programs. Randy Bunch, 3080 Houston Street, representing the Paris Band, came forward telling the Council that the Paris Band has been around for 60 years and it provides wholesome family entertainment for the City of Paris citizens. Mr. Bunch said he hoped that the City Council has it in their hearts and minds to continue the support for the band. Regular City Council Meeting September 8, 2003 Page 9 Mayor Fendley asked Gene Anderson, Director of Finance, to bring the Council a summary of the requests that they have so far. Mayor Fendley asked if there were any further requests from those in the audience, and there were none. Mayor Fendley advised that the Council would take a 10 minute break at 7:00 P.M. Mayor Fendley reconvened the meeting at 7:14 P.M. Mayor Fendley asked if there was anyone in the audience who would like to speak regarding the proposed budget. Mike Alexander, Code Enforcement Officer, came forward addressing the retirement for the employees of the city. He said that when he left the last meeting of the City Council, he left with the feeling there was a possibility that the employees' pension could be cut. Mr. Alexander stated that he understood that the employees of the city have a good deal in their benefits, and he certainly appreciated that. He said he was hoping that the Council would let them know what they were going to vote on before they spoke. Mr. Alexander asked the Council to look at other ways to cut instead of cutting the employee's benefits. He said that is one of the things that keeps the employees with the city sure wasn't the pay. Mr. Alexander asked the Council to look at ways of cutting the budget other than the retirement, because some of the cuts being mentioned would place Paris employees on par with smaller cities like Blossom and Reno, or towns of that size. He felt the city employees deserve more than that, and again asked them to look at other ways of cutting the budget. Brad Allen appeared before the City Council, stating that he has been with the city for eight and one-half years, starting out in the Street Department and the Sanitation Division of Public Works and has been in the Engineering Department for the past eight years. Mr. Allen said last year, the employees came before the Council as a Board for City Employees for Fairness and felt they sacrificed a lot Regular City Council Meeting September 8, 2003 Page 10 last year, but times are tough and they are tough for everyone involved. Mr. Allen said that they are asking the Council to do what is fair for all the employees. He said he is one of the ones that does not make $25,000.00 a year. He advised that he has four kids, one that has asthma and he also has epilepsy. If they cut his benefits, they would end up hurting his family and he is asking the Council to please not do that. Mr. Allen advised there are a lot of employees in the same situation that he is in that make less money than he does. He said being a single dad, he has to work this j ob and a part-time j ob and schedule that around his children. Mr. Allen explained that it is not the money, it is the benefits that is needed for the employees. Danny Huff, a Sargent with the Paris Police Department, appeared before the Council, stating that he is a 24 year veteran with the City of Paris. He stated that he would like to clarify whether or not there will be public comments at the end of tonight's meeting. Mayor Fendley advised that it is not on the agenda, but he would be more than happy to open it back up. Mr. Huff said that one of the things that was spoken of at the last meeting was concern for rumors and speculations and, perhaps they could put the city employees at ease on some of the issues. Mr. Huff said that some of the Council Members that he has had the opportunity to speak with has indicated that the reduction in the employee benefits through insurance and pension is a result of the Council's intent to increase the salary to 3.4 or to a higher rate for this year. Some of the other Council Members had indicated, and some of the rumors are, that the reduction in the employees benefits through insurance cost and the reduction of the pay increase of 3.4 down and any other changes would be the City Council's plans to revert that money over to the Fire Department group for three additional firefighters and salary restructure. He did not think that the employees were clear on what the City Council is going to do. Councilman Guest advised that the firemen issue, as far as overtime, is a separate issue. He said what they were looking at is how to eliminate two or three hundred thousand dollars in overtime, and the question was, if they added three firemen, would that eliminate a portion of the overtime. Regular City Council Meeting September 8, 2003 Page 11 Mr. Huff said that many of the city employees were concerned and he did not want to say anything against the Fire Department, but would like for this to be considered at another time. Councilman Bell said that has never been a consideration on his part and he did not think it has for the other members of the council. He did not know where they are going with it, but he finds it interesting that they can start those rumors and have this type of turnout based on false information. Councilman Bell said the Fire Department is a separate issue on their overtime. He said he would like to look at the Police Department, as he finds a lot of problems in that particular allocation of funding and he has talked to Chief Louis about it. Councilman Bell felt they needed to start on this type thing right after they get this budget started. Councilwoman Neeley stated that she may have caused this when she talked about bringing the firemen up to what they gave the other employees last year. She stated that it was her thought that it would put all city employees on an equal basis regarding their retirement, but it was not her intention to cut anything from the retirement. Mr. Huff said it was his understanding that the firemen contributed 10% of their salary and the city matches that with an additional 10%. He said that if the city would let him contribute 10% of his salary to his retirement fund and the city matched it, it would be great. Mr. Huff said they wanted to see if the Council was talking about changing the Manager's proposed balanced budget with a 4.3% raise for every employee, but if they are talking about making modifications to that, is it true those modifications will result in a higher salary increase than 3.4% per employee. Gene Anderson came forward advising the Council that the maximum that an employee can contribute to TMRS is 7% and it has to be approved by the City Council. Councilman Bell said they could go to a 7% contribution, allowing the employee Regular City Council Meeting September 8, 2003 Page 12 to put more in retirement, but take a lesser contribution from that standpoint. Mr. Anderson states that from an employee standpoint it would not be a good thing. Donna Bolt, 2620 Ridgeview, came forward, stating that she was a Paramedic for the Paris EMS for 15 years, and she was able to speak with several Council Members. Her concern was that she is older than most of the employees that are here tonight and she is going to be looking at retirement and she wanted to keep her retirement. Ms. Bolt said one of the considerations last year when they were talking about raising salaries or adding people was the cutting personnel in other departments, and the city employees said at that time, they would rather take no raise than have any one person lose their j ob because of that raise that the others could get. She stated that they still feel that way today as long as things are kept fair and equal, they can all live with it. Ms. Bolt said they would rather keep the benefits as they are and receive the minimum raise that the Council could give the employees in order to keep the budget balanced and make those changes they need to make, but please leave the retirement and benefits the way they are and keep the personnel in place. They just wanted everything equal and fair across the board for every employee of this city. No one else appeared and the public hearing was closed. Mayor Fendley advised that the next item on the agenda was to consider, discuss, and take possible action on amendments on the 2003-2004 budget. Mayor Fendley said he thought that all of the Council had received a copy of Mr. Anderson's summary on where they were on cuts or changes that have been proposed at the prior meetings. Mayor Fendley pointed out that the utility issue was left out or in limbo. Mr. Campbell was going to look at that and Mr. Campbell is out of town. Mayor Fendley said that what the bottom line is that is only a $150,000.00 savings. Mr. Anderson came forward, telling the Council that it is not on his list because they did not actually vote on this issue. He advised that the Council was going to wait until they received information about it before they made a decision on how much to reduce that. Regular City Council Meeting September 8, 2003 Page 13 City Manager Malone said if the Council has had time to look at the handout that Mr. Campbell had prepared, the areas highlighted in red indicate where bills for electricity had not been received. He said that Mr. Campbell has been keeping track of the utility account for many years and he indicates that, based on the average usages and the way it is apportioned throughout various budgets, those accounts do not seem to come through that bottom line figure of $150,000.00 over those three departments. He has indicated what those accounts should be budgeted. Mr. Anderson advised that they had already dropped to $605,000.00 because there were some distribution costs related to ground storage that were budgeted in this account and it would have been budgeted in Department 83, which is in the Public Works. So, that number is $605,000.00. Councilman Bell said that Mr. Campbell is saying to cut $150,000.00 from this account. City Manager Malone said they will be able to make reductions of $125,000.00 in Department 82 and $25,000.00 in Department 86 for a total of $150,000.00. After further discussion, it was the consensus of the City Council to adjust the electrical account in Department 82 and Department 86 in the amount of $150,000.00. After discussion, a motion was made by Mayor Pro Tem McCarthy to leave the Fire Department as it is regarding cutting overtime and adding three firemen. The motion carried 6 ayes, 1 nay, Councilman Bell voting no. City Manager Malone said on the basis of the utility franchise transfer of $400,000.00, there are several ways it is calculated. On this first sheet that he was passing out to the City Council, they were talking about transfer of funds from the Water and Sewer Fund, which is an enterprise fund that is supposed to pay its on way. That fund does not have the services of the Attorney, Finance Department, City Clerk for all the record keeping, or the City Engineering Department, all of which provide services. He pointed out the total budgets of all of those departments in the General Fund are supplying services to the Water and Sewer Fund for a total of $1,923,216.00. If they just took 50% of that, that Regular City Council Meeting September 8, 2003 Page 14 would be about $971,608.00, which is more than the $750,000.00 transfer. The franchise fee that he is talking about is rental of the streets, alleys, and rights-of- ways that are owned by the General Fund. He said these are legitimate expenses and he felt they have been mischaracterized in some of the discussions. He gave the City Council information regarding this matter that the consultants furnished to the city. They are talking about the General Fund transfers, which include franchise and administrative fees for the city for a total of 10.16% as a percentage requirement. The City of Paris transfers are less than the City of Copperas Cove, City of Bryan, City of Palestine, City of Lewisville, City of Richmond, Virginia, City of Gainsville, City of Haltom City, and the City of College Station. The point he was trying to make is that this is a usual, customary and not out of the ordinary business practice for an enterprise fund to pay its own way and as much as 35% of the money that comes out of that is possibly attributable to industry and Lamar County Water Supply paying their share. When that is shifted that way, he felt it placed a greater burden on the average citizen than it does where it should be charged to the other citizens, industry and Lamar County that are getting the benefit of these services and not paying for them. Councilman Plata said there are four police cars that Chief Louis is getting rid of and we are looking at more cuts. He suggested taking those four police cars and giving them to the EMS guys for emergency people and getting rid of the car allowances. Councilman Plata said the EMS and Fire Departments did not have car allowances last year and the City Manager started paying them without Council knowledge. Karl Louis, Police Chief, came forward, advising that just so they will have an understanding of the way they conduct their policy on vehicles used in the Police Department, they purchased the 4 new vehicles and the 4 that they currently have will be placed back into service, but not in front line tactical pursuit. Chief Louis said that most of the vehicles with the most milage will be sold at an auction. He advised that all of the vehicles will be in excess of 100,000 miles, but they will be driveable, and normally, they give those vehicles to the school Resource Officers to drive back and pass them down to other departments or sell them at an auction. Regular City Council Meeting September 8, 2003 Page 15 Councilman Plata requested that Chief Louis bring back information on what those four older vehicles were and what their milage is. Mayor Fendley said that they had asked the Human Resource Committee to look at car allowances at a later date along with the benefits. Mayor Fendley said that Tommy Haynes had furnished the City Council with a benefit survey and it is there for review. Councilman Guest has the survey and his Human Resources Committee will go over it in detail. The survey compares other cities with the City of Paris. Mr. Haynes came forward and went over the survey with the Council. Mayor Fendley said everyone knows that the employees are at 6% with a two to one match with the exception of the firemen and the firemen put in 10% and the city matches that one for one and it is not up to the 12%. He said they have discussed going to 5% with a two for one match. The discussion on that is that it is a good plan and it is well above industry average, but in doing that, they were looking at parity because the city is putting 10% for the firemen and 11.8% for the city employees. Mr. Anderson said that would cost approximately $40,000.00 to bring the firemen up to the same level as the other employees. Councilman Bell stated that he was in favor of leaving the retirement plan as it is at this time, based on information provided by other cities. With as many employees as are here tonight, it is important that they understand that something is going to end up giving and the retirement plan does not have to be it. He said about the talk of the insurance going up, there is a point where this cannot be funded. It has nothing to do with the city; it is something that is being faced and there are going to have to be cuts, based on what they have in the plan right now. He is in favor of leaving the city employees alone, but he thought they should increase the firemen as they are putting in 10% and the city should put in 11.8%. Mr. Anderson said that is fine if you do that, but he wanted to make a Regular City Council Meeting September 8, 2003 Page 16 clarification that you always want those figures to match. He asked if he wanted those contributions to always be the same. Mr. Anderson explained that the TMRS rate will decrease on it's own over a period of time if they do not make any other changes to it. Mr. Anderson explained that if someone leaves and does not draw the city portion that was paid in for them, it rolls back into the city's credit and that is why it is not at 12%. The city gets the benefit of that credit. He said that if the firemen don't leave it, then it does not roll back into their plan and they would not get the benefit and the balance stays in their retirement system and it never changes. The city has no control over what the firemen contribute. Mayor Fendley said it all should be equal and fair. Councilwoman Neeley asked if the retirement is looked at each year because they looked at it last year. Mr. Anderson said the City Council has to vote a resolution every year that sets the rate. Councilwoman Neeley asked if it is equal this year and we get to 2004 and it is not equal, does the Council revisit the issue. Mr. Anderson again told the Council that they have to pass a resolution every year on TMRS. Councilman Plata said that is a big ~no" that this was the first time he had looked at this. Mr. Anderson said that there is a resolution every October or November with an effective date of January first of each year. Councilman Guest asked Mr. Anderson if under the retirement plan, there is not a cap on how much you can contribute, in other words, you cannot cap that. Mr. Anderson advised that it is the same percentage for all employees. You can't cap it. A motion was made by Councilman Bell to leave the retirement alone for the city employees, and increase the city's match for what the city is doing for the rest of the city employees at a cost not to exceed $40,000.00. The motion was seconded by Councilwoman Neeley and carried 7 ayes, 0 nays. Mayor Fendley said they would consider the V&CC and PEDC's budgets tomorrow night. Councilman Guest asked if Gary Vest was a city employee and City Manager Regular City Council Meeting September 8, 2003 Page 17 Malone advised that Mr. Vest is not a city employee. Mr. Vest is paid by a combination of funding through the ?EDC and the Lamar County Chamber of Commerce. He serves a dual roll and he serves those two different boards and they set his salary. He said that more than 50% of the revenue comes from the taxes through the Hotel-Motel tax and the sales tax that goes to the ?EDC. Mr. Anderson said the Hotel-Motel tax is collected by contract and 95% is sent over to the Chamber of Commerce. Mr. Vest is funded in part by that money. The sales tax that goes to the ?EDC is collected by the city and it is transferred over to the ?EDC. Mr. Vest is also paid in part by the ?EDC and they pay all of Eric Roddy's salary. Mayor Fendley asked if anyone had heard from K?B and City Attorney Schenk advised that he had been at a meeting and they indicated that they were looking for a $5,000.00 contribution from the city. 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 Mayor Pro Tem McCarthy, seconded by Councilman Bell for approval of the minutes. The motion carried 7 ayes, 0 nays. City Manager Malone advised the Council that they had been furnished with the minutes for the Paris Public Library Advisory Board, Main Street Advisory Board, and the Airport Advisory Board, with no action being required. ORDINANCE NO. 2003-037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT, INC. FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR Regular City Council Meeting September 8, 2003 Page 18 ISSUANCE OF SAID PERMIT; MAKING OTHER FiNDiNGS PROVISIONS RELATED TO THE SUBJECT, WAS PRESENTED. AND A motion was made by Councilman Plata, seconded by Councilwoman Neeley, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2003-038 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD, DBA TRASHY BUSINESS FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Weekly, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2003-039 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SOUTHERN DISPOSAL, INC., FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilwoman Neeley, for adoption of the ordinance. ORDINANCE NO. 2003-040 Regular City Council Meeting September 8, 2003 Page 19 The motion carried 7 ayes, 0 nays. AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SECTION 189-23(a)(3) OF SAID CODE; PROVIDING THAT FINES AND SPECIAL EXPENSES ARE IN COMPLIANCE WITH STATE LAW; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Guest, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2003-041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING TO DENNIS NELMS, DBA CITY CAB COMPANY, A FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING AUGUST 10, 2003, AND ENDING AUGUST 9, 2004, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A TAX FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE MOTOR VEHICLES AND EQUIPMENT OF SAID GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING FOR AN EFFECTIVE DATE, WAS PRESENTED. Regular City Council Meeting September 8, 2003 Page 20 A motion was made by Councilman Guest, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2003-042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING TO STEVE B. RAINEY AND WENDY L. RAINEY, DBA YELLOW CAB COMPANY, A FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING AUGUST 10, 2003, AND ENDING AUGUST 9, 2004, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A TAX FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE MOTOR VEHICLES AND EQUIPMENT OF SAID GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING FOR AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Plata, seconded by Councilman Guest, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, to award the bid to Atlantic Cost Polymers, Inc., for furnishing and delivery of polymer at a cost of $0.97 per pound. The motion carried 7 ayes, 0 nays. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, to award the bid to Brenntag Southwest, for furnishing and delivery of Sulfur Dioxide (SO2)a cost of $ 410.00 per ton. The motion carried 7 ayes, 0 Regular City Council Meeting September 8, 2003 Page 21 nays. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, to award the bid to Harcros Chemicals, for furnishing and delivery of Chlorine at a cost of $ 344.00 per ton. The motion carried 7 ayes, 0 nays. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, to award the bid to Pennco for furnishing and delivery of Fluosilicic Acid (Fluoride) at a cost of $1.8207 per gallon. The motion carried 7 ayes, 0 nays. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, to award the bid to Univa for furnishing and delivery of Sodium Hydroxide (NaOH) at a cost of $239.00 per ton. The motion carried 7 ayes, 0 nays. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, to award the bid to Univa for furnishing and delivery of Pot. Permanganate (PPM) at a cost of $1.59 per pound. The motion carried 7 ayes, 0 nays. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, to award the bid to General Chemical for furnishing and delivery of Alum at a cost of $125.00 per ton. The motion carried 7 ayes, 0 nays. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, to award the bid to BBB Fertilizer for furnishing and delivery of Ammonia at a cost of $492.18 per ton. The motion carried 7 ayes, 0 nays. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, to award the bid to Norit Americas, Inc., for furnishing and delivery of Activated Carbon (PAC) at a cost of $0.3670 per pound. The motion carried 7 ayes, 0 nays. Resolution No. 2003-145, approving and authorizing the execution of an Interlocal Cooperation Contract between the City of Paris and the County of Lamar for county-wide Emergency Medical Services, was presented. A motion Regular City Council Meeting September 8, 2003 Page 22 was made by Councilman Guest, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-146, approving plans and specifications for the construction of Downtown Streetscape Project, Federal Project STP 2000 (615) TE, CSJ- 0901-29-017; authorizing the advertisement and bids for said construction, was presented. A motion was made by Councilwoman Neeley, seconded by Mayor Pro Tem McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-147, resolving that the Commissioners Court, Lamar County, Texas, and the Paris-Lamar County Health Department, acting by and through the Paris-Lamar County Board of Health, authorizing the execution of a medical service contract with Jon K. Plummer, M.D., was presented. A motion was made by Councilman Weekly, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-148, approving and authorizing the execution of a contract for Public Health Services, TDH Document No. 7560022067-2004 (Attachment No. 01); approving and authorizing the execution of contract change notices NOS. 01 (Attachment No. 02) and 02 (Attachment No. 03), was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Guest, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-149, supporting the Texas Department of Transportation- Funded Project to Widen Lamar Avenue between 20th Street N.E. And North Collegiate Drive, was presented, A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Guest, for approval of the resolution, The motion carried 7 ayes, 0 nays. Resolution No. 2003-150, approving the sale of Tax Delinquent Property described as Lot 6, City Block 89, being located in the 700 Block of 4th Street N.W. And 5th Street N.W., was presented. A motion was made by Councilman Bell, seconded by Councilwoman Neeley, for approval of the resolution. The Regular City Council Meeting September 8, 2003 Page 23 motion carried 7 ayes, 0 nays. Resolution No. 2003-151, appointing a Municipal Judge; making other findings and provision related to the subject, 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. 2003-152, appointing a member of the Library Advisory Board to serve the unexpired term of Kevin Gray, which expires June 30, 2004, was presented. A motion was made by Councilman Guest, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-153, authorizing the City Manager or his designee to execute an electric supply agreement pursuant to the contract to be signed by Cities Aggregation Power Project, Inc., for deliveries of electricity effective January 1, 2004; authorizing eligible designees to include the Chairman of CAPP, was presented. A motion was made by Councilwoman Neeley, seconded by Mayor Pro Tem, McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. There being no further business, a motion was made by Councilman Guest, seconded by Councilwoman Neeley, to adjourn the meeting. The motion carried 7 ayes, 0 nays. CURTIS FENDLEY, MAYOR ATTEST: Regular City Council Meeting September 8, 2003 Page 24 MATTIE CUNNINGHAM, CITY CLERK