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12 City Council (11/06/03)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL November 6, 2003 The City Council of the City of Paris met in regular session, Thursday, November 6, 2003, 5:30 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, and Willie Weekly, Sr. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission of November 3, 2003, and they are hereby attached to these minutes as Exhibit A. Mayor Fendley declared the public hearing open to consider the petition of Tyrone Roundtree for a change in zoning from a One-Family Dwelling District No. 3(SF-3) to a One-Family Dwelling District No. 3( SF-3) With Specific Use Permit (39) Manufactured Homes on Lot 18, Block A, East Park Addition, located in the 1700 Block of l Oth Street N.E. Mayor Fendley called for proponents to appear, and Willie Diggs, 1758 9tn N.E., came forward speaking on behalf of his wife, Dorothy, stating that they would like to have the zoning changed for their son to live in a double wide mobile home at this location. Mr. Diggs stated that he and his wife are getting older and they are in need of help from their son. Mayor Fendley called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2003-047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING Regular City Council Meeting November 6, 2003 Page 2 A ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOMES ON LOT 18, BLOCK A. EAST PARK ADDITION, ON PROPERTY BELONGING TO TYRONE ROUNDTREE, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOMES SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE WAS PRESENTED. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Mayor Fendley declared the public hearing open to consider the petition of Gary Nash for change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Commercial District (C) on Lot 28, Block l, Warren Addition being number 1855 Maple. Mayor Fendley called for proponents to appear, and Gary Nash, 645 Johnson Woods Drive, appeared before the City Council on behalf of his petition. Mr. Nash stated that the entire area was replatted about one and one-half years ago into a large "L" shape and a Dollar General Store and Cheyenne Trading Company Tobacco Outlet Store were built there. Mr. Nash owns the vacant lot at the corner of Maple and 19th N.W. Street. The gentleman who owns Lot 28 lives in Mississippi and is in bad health and he is interested in selling the property. Mr. Nash advised that he signed a contract of purchase for this property subject to rezoning. Mr. Nash said he did not need the property for residential use, but at this time he did not have plans for the property. He said if he does, he would replat the property. Mayor Fendley called for opponents to appear, none appeared, and the public Regular City Council Meeting November 6, 2003 Page 3 hearing was declared closed. ORDINANCE NO. 2003-048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES A COMMERCIAL DISTRICT (C) ON LOT 28 BLOCK l, WARREN ADDITION, ON PROPERTY CONTRACTED TO GARY NASH, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2(SF2); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED; PROVIDING FORA PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. Councilman Plata entered the council chambers at 6:36 P.M. and assumed his seat at the council table. A motion was made by Councilman Bell, seconded by Mayor Pro Tem McCarthy, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Mayor Fendley declared the public hearing open to consider the Site Plan approval requested by East Texas Broadcasting on Lot l, Red River Business Park, being located in the 2800 Block of Pine Mill Road. Mayor Fendley called for proponents to appear and Mr. Bob Gibson, Vice President and General Manager of East Texas Broadcasting,came forward, and advised that they are Radio Station KOYN, KBUS, KPLT AM, and KPLT FM. He said they were currently in two different locations in Paris and they are trying to bring everything under one roof and make it a very nice stately facility that the community will be proud of. Mr. Gibson said that Mr. Randy Reese Regular City Council Meeting November 6, 2003 Page 4 is present, who designed their layout of about 4,300 square feet. Mr. Gibson advised that this property is an acre that goes from Pine Mill Road to Cherry Street. There will be an entrance on Pine Mill and one on Cherry Street. The building will be more in the back of Cherry Street, which is the wider part of the lot. Mr. Gibson said they would save as many trees as they could and there will be a lot of landscaping. Mayor Fendley called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2003-049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT-OFFICE CENTER (PD-f), PREVIOUSLY ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE NO. 2000- 038 FOR LOT 1 OF THE RED RIVER BUSINESS PARK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATED, WAS PRESENTED. A motion was made by Councilman Weekly, seconded by Councilman Guest, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the Preliminary Plat of Parr-Hull Medical Plaza, located in the 3300 Block of N. Main Street. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Guest, seconded Mayor Pro Tem McCarthy, for approval of the Preliminary Plat of Lots 1-10, Yoder Addition, being located on FM Highway 79 subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. Regular City Council Meeting November 6, 2003 Page 5 A motion was made by Councilman Weekly, seconded by Councilman Guest, for approval of the Preliminary Plat of Springlake Estates, Phase 6(City Block 259) being located in the 700 Block of N. Collegiate Drive subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Guest, seconded by Councilman Bell, for approval of the Preliminary Plat of Lots 16, 16A, 16B, 16D, and 16E, Essary Addition, City Block 242, located in the 2300 Block of Plum Street subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. Mayor Fendley announced that the City Council had been furnished copies of minutes from previous meetings and asked if there were any corrections or additions. There being none, a motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, for approval of the minutes as presented. The motion carried 6 ayes, 0 nays. Mayor Fendley announced that the minutes from the Board of Commissioners, Housing Authority of the City of Paris, Building and Standards Commission, Library Advisory Board, Paris Economic Development Corporation, and Main Street Advisory Board had been furnished with no action being required. A motion was made by Councilman Bell to accept the minutes as presented. The motion was seconded Councilman Weekly and carried 6 ayes, 0 nays. Gary Vest, Director of Economic Development/Chamber of Commerce CEO, came forward reporting the PEDC did not get the big Campbell Soup Project that they had hoped to get. PEDC spent a lot of time and effort over the last three months working on that project. Mr. Vest said that one of the components of that proj ect was the completion of Highway No. 24 and they did get a commitment from the Texas Department of Transportation to complete that. It is going to be completed even though they did not get the proj ect. PEDC made a significant incentive proposal to Campbell Soup. They also tapped the Texas Enterprise Fund, which is a new fund that was created by the Regular City Council Meeting November 6, 2003 Page 6 Legislature in this last session. It had to be approved by the Governor, Lt. Governor and the Speaker of the House. Mr. Vest said the City Council, Paris Junior College, and Lamar County had proposed tax abatements. They looked at the Enterprise Zone Program such as Sales and Use Tax Refund, Franchise Tax Credit, Job Credit, and the Capital Investment Credit. Mr. Vest advised that they had tapped everything they could in the Enterprise Zone Fund and they also looked at the Skill Development Fund through Paris Junior College for training for the new workers. They put together a package that they felt was extremely competitive. He said that based on the report by Campbell's, they felt that they were at parity as far as the proposals went and Maxton was awarded the project because of the geographic location. Mr. Vest said that 40% of their product is distributed on the east coast which gave them an advantage that they could not overcome. Mr. Vest said all was not lost because they have had tremendous prospect activity in the last three months. They have a small distribution center needing 65,000 square feet building that they have entered into a verbal agreement with, which will be in the Industrial Park, and they are working out a site plan. They have four local builders that are communicating with the company and as soon as they can get something firm on that, they will have an announcement. Mr. Vest said they also had a prospect visit from a major retail distribution facility, which is going under the name of "Project Reserve." It is a 600,000 square foot distribution center. It is being handled by a site selection consultant out of Tennessee named Mike Mullus. Mr. Vest said he talked to Mr. Mullus today and the City of Paris is still in the running. He has visited 12 sites in Texas and has eliminated 2 sites. Mr. Vest said that he and Erik went to the Food Packaging and Food Processing Show October 13 through October 15, 2003. There were more than 20,000 delegates at that show. He said it was the best show they have ever attended. It was the Paris Texas Booth and they had products displayed from Campbell Soup, Sara Lee, Paris Packaging, Sesame Solutions, Silgan, and WePack, Regular City Council Meeting November 6, 2003 Page 7 which brought them a lot of attention because all of those companies had representatives there displaying their products. Mr. Vest said that they were ready to move forward with the Industrial Park. The bids have to be in by November 15, 2003. They put the bids out in two possible contracts. One is for the streets and the other one is for the water and sewer. Mayor Fendley said that the next item was personal appearance by Karen Boaz, 326 27th N.E. Street, Paris, Texas, appealing the denial of a permit to remove a protected tree pursuant to Chapter 32, Section 32-9(b) of the Code of Ordinances. City Manager Malone informed the City Council that this item was taken up by the Planning and Zoning Commission as an appeal of a decision by the City's Tree Arborist Terry Townsend, who is also the Director of Public Works. Ms. Boaz made a presentation before the Planning and Zoning Commission and they overturned the denial of the permit, so it was not necessary for Ms. Boaz to appear before the City CounciL It was only placed on the city's agenda in the event that the Planning and Zoning Commission denied her appeal. City Attorney Schenk advised that the only consideration would be is if she did not do the one condition on the permit and that was to plant another hardwood tree to replace the tree that is being removed. Mayor Fendley advised that the next item under personal appearances is a report from Millie McDonald, Lindsey Harper, and Lisa Wright, Festival of Pumpkins Coordinators, presenting a closeout report on the 2003 Festival of Pumpkins. Lisa Wright came forward advising that Millie McDonald was ill, and Lindsey Harper is attending a Main Street function that had been planned before the council meeting. Ms. Wright said that it was really a pleasure to work with Regular City Council Meeting November 6, 2003 Page 8 Millie and Lindsey. She advised that if not for Millie McDonald this Festival would not have happened this year. At the time they had to start work on the Festival there was not a Main Street Director. Later on, Millie asked her to help and it was such an honor and Millie was the heart and soul of the Festival. Ms. Wright reported on all of the activities for Friday night and Saturday. Ms. Wright told the City Council that the Festival was a great success. They raised $16,213.68 form a combination of sponsorships, donators, and proceeds from festival sales, events, and vendors fees. Ms. Wright said that is $7,745.93 more than was raised last year. Resolution No. 2003-163, directing the Director of Finance to transfer funds from unencumbered appropriation balances to over-expended accounts, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2003-164, authorizing and directing the City Manager to execute on behalf of the City of Paris, a purchase order through the Houston- Galveston Area Council of Governments for the purchase of three (3) Model Year 2004 Police Package Chevrolet Impalas for use in the Patrol Division of the Paris Police Department for a total purchase price of $ 51,147.00, including the cost of the vehicles in the amount of $50,547.00, plus the Houston- Galveston Area Council of Governments fee in the amount of $600.00, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2003-165, approving the Interlocal Agreement for E-911 services and PSAP equipment by and between the Ark-Tex Council of Governments and the City of Paris and authorizing the City Manager to execute and the City Clerk to attest, on behalf of the City of Paris, the Interlocal Agreement, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Guest, for approval of the resolution. The motion Regular City Council Meeting November 6, 2003 Page 9 carried 6 ayes, 0 nays. Resolution No. 2003-166, nominating Bobby Ray Walters to serve as a member of the Board of Directors of the Lamar County Appraisal District, and the City Clerk is hereby directed to timely deliver a copy of this resolution to the Lamar County Appraisal District, was presented. A motion was made by Councilman Guest, seconded by Councilman Weekly, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2003-167, approving the form of Change Order No. One and Final to the contract for the construction of the "Pro Rata Sanitary Sewer Extension for the Cope Addition along Meadowlark, Mockingbird, Cope, Pine Mill Road, Thomas Drive, Welch Circle, and 46th Street N.E. Project" for the quantity adjustment from as-bid to as-built, and providing for a net increase of $7,360.99 in the contract price for a total contract price of $505,231.05, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Guest, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2003-168, authorizing and directing the Mayor to execute on behalf of the City of Paris the tax resale deed and any and all documents necessary to convey the property described as 0.172 acres, more or less, being Lot 3, Block 14, Mayer Addition, being number 3225 W. Kaufman Street to Cecil L. Miller, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2003-169, approving the form of Change Order No. Two and Final to the contract for the "City of Paris Animal Shelter Project," and for the said project to reflect changes , and providing for a net increase of $5,425.00 in the contract price for a total contract price of $420,251.00, was presented. A motion was made by Councilman Weekly, seconded by Mayor Pro Tem McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Regular City Council Meeting November 6, 2003 Page 10 Mayor Fendley announced that the City Council would go into executive session at 6:10 P.M., pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney to receive advice of legal counsel pertaining to pending or possible litigation against Standard Life and Accident Insurance Company and Brokers Risk Incorporation. At 6:20 P.M. Mayor Fendley declared the executive session closed and the regular session open. Resolution No. 2003-170, authorizing litigation against Standard Life and Accident Insurance Company and Brokers Risk Incorporated for collection of monies owed the city; designating the Moore Law Firm to represent the City of Paris in said litigation, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. Mayor Fendley called for discussion of a proposed comprehensive policy regulating work by the day, and advised that each Council Member had a copy of the proposed policy. City Attorney Schenk gave the City Council a handout which was a replacement for page two. They made one correction to that page regarding the time under the definition of day should read, beginning at 3:00 P.M., and ending at 2:59 P.M. City Attorney Schenk said that basically what he was presented to the City Council is a nine section proposed policy for regulations regarding work by the day. He said the first section contains five definitions including City Engineer, day, emergency procurement, work, and work by the day. The City Attorney said the definition of day, as you will see later on, will work very well for and is consistent with the way that the city has to pay for this through the Finance Department to enable them to get their checks out on time, or before the end of their business day. The policy in the past had been that the contractors would Regular City Council Meeting November 6, 2003 Page 11 have to present the invoices by 3:00 P.M., as a result, they were having to estimate the amount of work they would be doing for the remainder of that day and then there would be a true-up on the following day. He advised that this continuous process of true-up by defining the day as shown in the proposed policy should mean that the city would be paying them on a daily basis as they do work for work that is done and identified exactly and there will not be a need for a true-up. City Attorney Schenk advised that Section 2 defines the work that may be conducted by the day. He said what he has attempted to follow the mainstream of the comments that were presented to him by members of the City Council. The City Attorney said he has placed in the proposed policy, Section 2 on work that may be conducted by the day. Emergency work is defined and a procedure is set up to be followed as well as how non-emergency work may be performed in accordance with this policy. City Attorney Schenk said that subparagraph C stipulates that no work by the day may be performed if the total expenditure exceeds $50,000.00. City Attorney Schenk advised that subparagraph D stipulates that there will be no sequential projects unless they total no more than the same limits of $50,000.00. City Attorney Schenk said Section 3 sets out a method for pre-qualifying contractors to perform work. It requires the company to complete forms generated by the city and specify its background experience, equipment available, and what type of work the company wants to perform. It also provides for a standardized cost sheet to be used in determining the amount owed to each contractor. Section 3 E specifies a very stringent procedure on how that can be paid. Paragraph 3 F requires insurance indemnification from each contractor. Mr. Schenk stated that City Council may want to think about Section 3 G which requires contractors performing work or work requiring specialized expertise to maintain their primary business location in Lamar Regular City Council Meeting November 6, 2003 Page 12 County, Texas. Section 3 H provides that the contractors must update their information annually. City Attorney Schenk advised that Section 4 specifies the procedural requirements that will apply to the new process. It would require the City Engineer to identify potential proj ects that he believes are appropriate for work by the day. The City Engineer would do a cost estimate on the project. He would identify the contractor best qualified to do the work based on the contractor's cost sheet. The City Engineer will bring the appropriate projects to City Council. The City Council will approve or disapprove those recommendations made by the City Engineer. City Attorney Schenk said that Section 5 deals with acquisition of materials for work by the day projects and separates the concept of labor and equipment from materials. The first obligation of the city is, wherever possible, for the city to competitively bid materials that are going to be used and to store those materials in anticipation of those kinds of projects. He pointed out that storage capacity can be limited. In the event that the city has not competitively bid and stored bulk material and does not have it available, then, and only then will the city purchase material for a work by the day proj ect, but the cost for those materials cannot exceed $25,000.00. The City Attorney said that a work by the day project cannot exceed $75,000.00 and that is including materials, labor, and equipment. The City Attorney said that Section 6 pertains to the payment process. City Attorney Schenk said Section 7 sets out the process and the reason for the qualifications of a contractor for performing work by the day, and subparagraph B provides an appeal process for the City Engineer's decision to qualify a contractor to the City Council. The City Attorney said Section 8 provides for quarterly reports to the City Council summarizing all of the work by the day proj ects performed during the Regular City Council Meeting November 6, 2003 Page 13 immediate preceding quarter. City Attorney Schenk advised that Section 9 makes it very clear that departure from the policy is permissible only upon specific approval for said departure by official action of the City Council. After discussion, it was the consensus of the City Council to allow them to study the proposed work by the day policy and bring it back to them at the regular December meeting. Mayor Fendley called for consideration of and action on the selection of a contractor to reconstruct a manhole located at the intersection of Loop 286 and the Kiamichi Railroad. City Manager Malone explained that the city has a manhole that has collapsed, which is located inside Loop 286 West of Kiamichi Railroad. The City Attorney has put together an informal bid process for this. The City Manager said they have most of the parts that are needed, as this was a project that was underway using the work by the day methodology. He said they received informal bids on November 3, 2003. Two bids were received and the low bid was from J&J Underground in the amount of $29,500.00 and the second bid was from William Heuberger Construction in the amount of $29,900.00. The City Manager said these bids had to be rejected because both bids were in excess of the $25,000.00. The project was put back out for informal quotes, which were accepted on Wednesday, November Sth at 3:00 P.M. Two bids were received. The low bid was from S&S Boring in the amount of $14,000.00 and the second bid was from William Heuberger Construction in the amount of $34,900.00. The City Engineer and staff are recommending that the informal bid be awarded to S&S Boring in the amount of $14,000.00 with the work to be tentatively scheduled to begin Monday, November 10, 2003. Regular City Council Meeting November 6, 2003 Page 14 Councilman Bell wanted to know if this was the project that the Council had previously authorized to be completed by work by the day with an estimated cost of $10,000.00. Shawn Napier, City Engineer, came forward stating that the project was underway at the time that the work by the day ended and there was not a recommendation as to how they were to do the project. Mr. Napier said they tried to follow the new policy that the City Attorney has created. City Manager Malone explained that they did not have any type of agreed methodology to choose a contractor. The City Manager pointed out that a lot of information was presented about work by the day that turned out to not be factual. The staff did not want to be hanging out regarding this matter. He said that in order to go out for bid, they had to have a design and they put it out, and this is what they received. Mr. Napier told the City Council that Chip Jenkins originally started this proj ect and he currently has two crews away from Paris, who knew all about this project, and the City Council can see by his bid that he really did not want the project because it would cost him money to pull a crew back and finish this proj ect. A motion was made by Councilman Bell that the bid be awarded to S&S Boring in the amount of $14,000.00 for the completion of the manhole replacement at Kiamichi Railroad and Loop 286. The motion was seconded by Councilman Plata and carried 6 ayes, 0 nays. City Manager Malone reported that the Director of Finance is out of town and he is in the process of drafting several variations of an RFP. He advised that one of these variations will be for a fully funded plan such as the city currently has. Another version will be a self-funded plan such as the city has, and the third version would allow for those proposing to present a plan of their own design. City Manager Malone said Mr. Anderson's idea is that the city is going to have several options to choose from and he is hopeful that this can be Regular City Council Meeting November 6, 2003 Page 15 combined into one single RFP. Mr. Anderson is also compiling a list of vendors to whom a proposal package might be sent. As suggested by the Mayor, the basic plan that will be provided from the vendors will be structured around the reduction of the plan as discussed with TML. He said they will get figures as to what percentage each of those changes would contribute to the savings and discussion among most of the city's department heads and get a recommendation and come back with recommendations to the City Council. This will give the Council some idea what the plan might include. The changes that Mr. Anderson had speculated about would reduce expected claims by approximately $140,000.00 a year. Once he has completed his basic RFP, he is going to ask the new Personnel Officer, Melba Harris, to review it. Regarding the restructuring of Police Department salaries, Mr. Malone said the Police Chief has given Ms. Harris the raw data his personnel acquired. She is updating that information with additional information and is putting it in a matrix where they can see how Paris compares with other cities with regard to pay and the additional compensation. The City Manager advised that when that is completed, they are going to reconstruct the plan and determine the exact cost of the proposal, and if there needs to be any modifications suggested, then that will be brought back to the City Council for discussion. The City Manager said that staff hopefully would be prepared to send out the RFP on the insurance in December or January, including any input from Council. He also felt that a recommendation concerning police department pay would be acted upon in December or January. Councilman Plata wanted to know if the Manager thought that the overtime could be cut out as much as they have recommended. City Manager Malone said that was a budgeted amount of overtime and it is similar to last year's budget. He said that, since that time they have changed to 12 hour shifts and this has resulted in some savings. They need to go through several months to have enough data to review to see how much savings will be realized. The Police Chief has had some experience with it and Mr. Anderson has conferred with him about that. He felt that they can pin that down and certainly they will have more information about that in Regular City Council Meeting November 6, 2003 Page 16 December. Because of the work load of the Finance Director, he did not know if all of the information would be available by the December meeting but it could be available by the January meeting. Karl Louis, Police Chief, came forward telling the Council that their first month of operation with the overtime and everything is fitting into the plan and if they continue without any major disasters occurring, they should be able to fit their overtime as projected. Chief Louis said that one thing that he would ask the Council to consider is, upon completion of analysis of the data that they gave Director of Finance, if their information is validated, he would ask Council to make the pay adjustments retroactive back to October l, 2003, because that is when their budget started and they held the positions open. City Manager Malone said that this is his personal opinion and this is a decision for the Council to make, and they have had this discussion before, but first of all, he wanted to interject that during the budgeting process, everyone that was a department head got to send forward their recommendations if they needed staff, raises, etc. They did have requests from the Police, Fire, and EMS departments for additional pay. They were wanting a 5% increase each year for three years and all three presented that recommendation. One of the differences was the Police Chief realized that the supplement that he had, or was going to have, or thought he would have some savings in his overtime by the shift change in his department. He earmarked money, but he did not give it up in the budget. Terry Townsend also changed some of his staffing in Public Works, but he gave it back and that was distributed among the other employees. City Manager Malone said the Fire Chief did not have the opportunity to do that because there is quite a bit of excessive sick leave in the Fire Department that is driving the cost up. The Fire Chief does not have any savings and he has not had the opportunity to change any shifts. City Manager Malone also pointed out that the Police Chief has other items he is willing to give up. The Fire Department's budget is lean and there are no items to be given up. He said they are not having a problem of losing personnel in the Fire Department. Regular City Council Meeting November 6, 2003 Page 17 A motion was made by Councilman Bell, seconded by Councilman Weekly, to adjourn the meeting. The motion carried 6 ayes, 0 nays. CURTIS FENDLEY, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK