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12 City Council (12/08/03)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL December 8, 2003 The City Council of the City of Paris met in regular session, Monday, December 8, 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, Fran Neeley, Benny Plata, and Willie Weekly, Sr. Also, present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. Invocation was given by Richard Hart of Christian Fellowship Church. Mayor Fendley announced that the City Council had been furnished minutes from the following previous meetings; August 19, 2003, August 25, 2003, August 26, 2003, September 4, 2003, September 23, 2003. Mayor Fendley asked if there were any corrections or additions, there being none, the minutes were approved as presented. City Manager Malone advised the City Council that they had been furnished minutes from the Airport Advisory Board, Board of Commissioners of the Housing Authority of the City of Paris, Building and Standards Commission, Historic Preservation Commission, Library Advisory Board, Main Street Advisory Board, and the Paris Economic Development Corporation, with no action being required. Councilman Bell asked what was being surveyed at the Airport. Terry Townsend advised that he was doing work on the taxiway's markings, and that is probably what Mr. Bell was seeing. A motion was made by Councilman Bell, seconded by Councilman Guest, to approve those minutes and reports as received. The motion carried 7 ayes, 0 nays. Mayor Fendley announced Agenda Item No. 4 A, Personal Appearance Regular City Council Meeting December 8, 2003 Page 2 pursuant to Section 7-163 of the Historic Preservation Ordinance and to conduct a public hearing and consider the appear of Billy Brown from a ruling of the Historic Preservation Commission denying an application for a certificate of appropriateness regarding the fence at 221 Bonham Street. Mayor Fendley declared the public hearing open and called for those who wished to speak regarding this matter to come forward. Billy Brown, 3215 Ridgeview, whose place of business is at 221 Bonham Street came forward. Mayor Fendley asked Mr. Brown if he had any comments as to why he requested the waiver. Mr. Brown said that Steve Methven, Chief Building Official, gave him permission to build the fence before they ever started building the fence. Mr. Brown said after they were about halfway through, Mr. Methven came by and told him that they had to stop. Mr. Brown informed the Council that he was told that he had to ask the Historical Preservation Commission for permission to build the fence. He took his request before the Historical Preservation Commission and they denied his request. The Commission said the fence was inappropriate. Mr. Brown said he was 55 years old and a chainlink fence looks just like it did when he was a kid. Mr. Brown advised the City Council that he put the fence up to protect his property. It was a junk yard. They were changing motors, draining oil on the lot and letting it run, throwing beer bottles through the back windows. Mr. Brown said he is only trying to protect his property. Mayor Fendley asked Mr. Brown if he was not aware that this was in the Historical District and there was a moratorium against building without going before the Historical Preservation Commission. Mr. Brown said there is no sign that says that it is in this historical area. Mayor Fendley said that all property owners were notified. Mr. Brown advised that he was not notified because he purchased the property in June or July of this year. City Attorney Schenk said that is part of the notice that would be given with regard to kinds of zoning that could be done on the property. Mr. Brown advised the City Council that the person that built the fence told him to get permission from the city. Mr. Brown said he did get permission from Steve Methven and he Regular City Council Meeting December 8, 2003 Page 3 advised that he could go ahead and build the fence. City Attorney Schenk said he discussed this in part with Mr. Methven and he thought there was a misunderstanding in the location. The City Attorney said the issue was that this was an external improvement and that ordinance must go before the Historical Preservation Commission before it is constructed and that is the purpose of the Certificate of Appropriateness. Steve Methven advised the City Council that Mr. Brown came in to see him a few weeks before he built the fence and he wanted to know if he needed a building permit to build a building, and Mr. Methven told him, yes. Mr. Brown also asked if he needed a permit to build a fence and Mr. Methven told him no. Mr. Methven said he asked him where it was and he did not remember the specific address, but he remembered Appliance Factory Outlet. Mr. Methven said for lack of communication on his part, he thought he was talking about the one in the 1000 block of Bonham Street. Mr. Methven said, in his defense, Mr. Brown had the post in when he went down there to stop him. Mr. Brown did not stop and did not pursue the requirements, but he did feel some responsibility because of the fence being there from lack of communication on his part. Bill Bone came forward stating that he has property located in the downtown area and there are other properties very close to the property in question that are getting ready to fall down. He said that he was trying to work up a sale to somebody, but they are not going to buy it if they cannot put a roof on it. So, it will eventually fall down. Mr. Bone said with regard to Mr. Brown's fence, that lot seemed to be the favorite baby diaper changing place in Paris, and he felt Mr. Brown did a great favor to the property owners. Mr. Bone said he was here tonight to find out what he could do with the old Rodgers and Wade building if he gets ready to do something. He said he needs to put a fence on a half block parking area across the street from where Pete Humphrey's used to be. Mr. Bone wanted to know if he had to go back with a brick building like Mr. Humphrey had back there. Mayor Fendley said he would have to go back to the Historical Preservation Commission and ask for permission to do Regular City Council Meeting December 8, 2003 Page 4 anything. Mr. Bone stated that the city is getting ready to go in the opposite direction. Mayor Fendley called for opponents to appear, and Becky Norment, a member of the Historic Preservation Commission came forward, stating that the fence is not within the ordinance. It is not within the recommendations of the Historic Preservation Commission. She said she was sorry for the events that took place prior to the erection of the fence; however, before the fence went up, as was reported to the Board, Mr. Brown was asked to stop. Ms. Norment asked the City Council to please support the Historic Preservation Commission in upholding the ordinance. She said if they made an allowance this time, it would just go on and on. Ms. Norment said the process for any changes to be made is a Certificate of Appropriateness. She said that Mr. Brown was asked to halt the work until a decision could be made. Councilman Plata asked Ms. Norment what type of fence would the Historical Preservation Commission allow Mr. Brown to erect. Ms. Norment said there was a fence or a gate that was put up at the Vault that is within the Historic Preservation's recommendations, so she said the possibility might be there for him to put one up similar to the gate. No one else appeared, and the public hearing was declared closed. City Attorney Schenk advised that if the City Council denies the Certificate of Appropriateness, he can go back to the Historic Preservation and file a new application, not on the same fence. It would have to be an application for a different arrangement for the Commission to review. The City Attorney said, in the mean time the present fence is in noncompliance. He said if the vote is to deny the permit, technically the fence is in noncompliance and it would be the property owner's responsibility to see that the fence is removed. City Attorney Schenk advised that he did not know how long that would take to get that done and it would be decided in Municipal Court. He said that, if Mr. Brown had another plan for the fence, there is nothing to keep him from filing another application for consideration by the Commission. Regular City Council Meeting December 8, 2003 Page 5 Councilman Bell felt that is what needed to be done and felt a different type fence needs to be there and it needs to be reasonable. Councilman Bell said that Mr. Brown needs a period of time to go through that process and get that accomplished. After discussion, a motion was made by Mayor Pro Tem McCarthy that the City Council deny the Certificate of Appropriateness and allow Mr. Brown to go back to the Historical Preservation Commission and have this matter resolved with them by February 15, 2004, and receive a Certificate of Appropriateness. The motion was seconded by Councilwoman Neeley and carried 7 ayes, 0 nays. ORDINANCE NO. 2003-050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING SECTION 12-1 OF SAID CODE TO AUTHORIZE THE STAFFING LEVELS OF THE FIRE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Guest, seconded by Councilman Weekly, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 2003-171, establishing a comprehensive policy for the performance for work by the day pursuant to the provisions of Section 252.022 (a) 5 of the Texas Local Government Code; establishing definitions; establishing procedures, guidelines, and requirements for qualifications of contractors; repealing all resolutions or portions of resolutions in conflict herewith, was presented. A motion was made by Councilman Weekly, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 1 nay, Councilman Plata voting no. Regular City Council Meeting December 8, 2003 Page 6 Resolution No. 2003-172, authorizing on behalf of the City of Paris a waiver of eligibility to apply for a grant from the Juvenile Accountability Incentive Block Grant Program; designating Lamar County as the recipient of the city's share of said grant, with the City of Paris participating in the Juvenile Crime Enforcement coalition created by Lamar County; approving the form of the aforesaid grant waiver of application; authorizing the execution of said waiver; authorizing participation in the Juvenile Crime Enforcement Coalition created by Lamar County; authorizing participation by the Chief of Police, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-173, approving and authorizing Addendum No. 1 and granting the exercise of option to renew the current Lease Agreement for an additional five (5) years with the Maxey Black Powder Rifle Club of Paris, for a portion of the property located at Lake Crook, 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. 2003-174, accepting transfer of ownership of the cited existing bridge structure, National Bridge Inventory Structure Number 01-139-AA0542- 001, from Lamar County, Texas, and approving the form of the Advance Funding Agreement Amendment for the Preservation and Adaptive Use of a Historic Bridge Offthe State Highway System between the City ofParis, Lamar County, and the State of Texas, acting by and through the Texas Department of Transportation, for the relocation of the said historic bridge structure from CR25500, over Rowdy Creek, to Heritage Park near the Chamber Depot in the City of Paris, was presented. A motion was made by Councilwoman Neeley, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-175, resolving that the regular Thursday meeting of the City Council scheduled for January 8, 2004, be, and the same is hereby, consolidated with the regular Monday meeting of the City Council scheduled Regular City Council Meeting December 8, 2003 Page 7 for January 12, 2004, at 6:00 P.M., was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-176, authorizing the filing of a grant application with the Ark-Tex Council of Governments for a Regional Solid Waste Grants Program Grant; authorizing the Director of Community Development to act on behalf of the City of Paris in all matters related to the application; pledging that if grant is received, the City of Paris will comply with the Grant requirements of the Ark-Tex Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas, was presented. A motion was made by Councilwoman Neeley, seconded by Councilman Guest, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No.2003-177, consenting to the transfer of Community Antenna Television Franchise rights granted under Ordinance No. 84-039 from TCA Cable Partners II to Cox Southwest Holdings, L.P., a wholly-owned subsidiary of Cox Communications, Inc., 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. ResolutionNo. 2003-178, approving the preparation and implementation ofthe plans and specifications for the Waterline Replacement for connection to Rodgers Wade Sprinkler Line Proj ect; that upon completion of such plans and specifications, and provided the cost of said project shall not exceed $25,000.00 for all labor, equipment, and materials, the City Engineer may solicit informal bids and award the project to the selected low bidder, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-179, accepting the Response to Request for Proposal for Homebuyer Assistance Program Management Services submitted by R.I.M. Enterprises, Inc., for administrative services, in the amount of $27,000.00, Regular City Council Meeting December 8, 2003 Page 8 under the Housing Investment Partnership Program, to be funded by the Homebuyer Assistance Program Grant, was presented. A motion was made by Councilman Guest, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-180, approving the form of the Municipal Maintenance Agreement Amendment # 1 with TxDOT, CSJ # 0045-09-079, Proj ect Number MC 45-9-79, for replacement of signal equipment with like equipment with the desired finish in the event the same are damaged by a motorist or other person, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-181, resolving that the City of Paris's 839 votes be, and the same are hereby cast for Bobby Ray Walters as a member of the Board of Directors of the Lamar County Appraisal District, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Neeley, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-182, reappointing Sims Norment as a member of the Fire Fighters' and Police Officers' Civil Service Commission of the City of Paris, for a term of three (3) years, beginning January l, 2004, and ending December 31, 2006, and appointing Alan Boyd as a member of the Fire Fighters' and Police Officers' Civil Service Commission of the City of Paris to serve the unexpired term of Melba Harris, which ends December 31, 2004, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-183, reappointing Victor Abeles, Donald R. Morrell, James Proctor, and Vic Ressler to serve as members of the Airport Advisory Board of the City of Paris for terms of three (3) years, beginning January l, 2004, and ending December 31, 2006, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, for approval Regular City Council Meeting December 8, 2003 Page 9 of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-184, reappointing Brad Archer, Reeves Hayter, Carl Lucas, and Bobby Myers to serve as members of the Planning and Zoning Commission of the City of Paris for terms of three (3) years, beginning January 1, 2004, and ending December 31, 2006, was presented. A motion was made by Councilman Weekly, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-185, appointing Melba Harris to the Housing Board for the Owner-Occupied Housing Assistance Program, was presented. A motion was made by Councilman Guest, seconded by Mayor Pro Tem McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-186, authorizing the City Manager and the City Engineer to request proposals for the performance of a water system vulnerability assessment pursuant to the requirements of the Public Health Security and Bioterrorism Response Act, was presented. A motion was made by Councilman Guest, seconded by Councilwoman Neeley, for approval of the resolution to go out for RFP and bring back information on the possibility of this being performed in house. The motion carried 7 ayes, 0 nays. Mayor Fendley, called for consideration of and action the following Aviation Permit Requests for 2004: J. R. Aviation Sale of Aviation Petroleum Products Pilot Training Tom Knox Crop Dusting Jimmy Smyers Repair or Maintenance- Aircraft Repair or Maintenance - Power Plant Aircraft Sales & Service Regular City Council Meeting December 8, 2003 Page 10 Air Direct L.L.C. Air Taxi Charter Operations A motion was made by Councilman Bell for approval of the above Aviation Permits as requested. The motion was seconded by Councilman Plata and carried 7 ayes, 0 nays. Mayor Fendley called for discussion and possible direction to city staff regarding privatization, and advised that the last time this was discussed was in October. They talked about getting information from other communities and asked the City Manager where they are on that information. City Manager Malone said they have had quite a few other activities that they have been doing, but he has put together a draft letter, which has been provided along with a copy of information from the Texas Center for Policy Studies regarding Privatization of Water and Wastewater Services. City Manager Malone said city staff is looking for direction from the City Council. His thought was that this letter is along the lines of some of the comments that were made by Council Members in previous meetings. He said they could send this letter to cities with a population between 20,000 and 30,000; which the City of Paris falls right in the middle of that, or any other size cities that the City Council wants to and see what kind of responses are received. City Manager Malone said this could be followed up by telephone calls and they could continue to look for articles that give information about privatization. Councilman Guest suggested that they extend it to towns with a population of 50,000. City Manager Malone told the Council Members if they had any comments to call him and he would be glad to include any additional questions in the letter. Mayor Fendley asked the City Manager to come back next month with a list of the cities that he is going to send the letter to and see if that is agreeable with everyone, then he could go ahead and send the letter out. After additional discussion, Mayor Fendley said they would visit that next month and to go Regular City Council Meeting December 8, 2003 Page 11 ahead and send the survey out. Mayor Fendley announced that the next item on the agenda was to provide direction to city staff regarding the potential need for an election on May 15, 2004, to opt in or out of a retirement system mandate under Article XVI, Section 66 of the Texas Constitution affecting the firefighters' pension plan. Mayor Fendley said he read that Article and he was not sure he understood what it means. City Attorney Schenk said he was not alone. He said he thinks he understands what they are telling the cities, but he is not sure the legislature did a good job in the drafting the amendment that was adopted, nor does he know that TML knows anymore. He said he had been trying to reach one of their general counsel offices. The City Attorney felt he needed to bring this to the City Council now because the timing of having to do what this says is very tight, in the sense, that if the City Council wants to take action to opt out of this arrangement, it has to be done by offering it on a ballot at the May election. City Attorney Schenk explained that the TML interpretation of this Article is that this Constitutional Amendment says that municipalities, cities, and political subdivisions that provide retirement systems that are not a statewide retirement system must maintain or keep the benefits to which retirees are entitled at its current level without reduction. In other words, removing local control from that issue in regards to that particular retirement program. Unless the city places this on a ballot for the citizens to vote up or down to allow the return of local control over the retirement from that standpoint. He said the way this is written, under this particular amendment, that amendment is in place and in effect now. The only way to not be affected by that amendment is to have a ballot and a vote in favor of removing it from the coverage of this particular constitutional amendment. City Attorney Schenk said this is the reason for bringing this before the City CounciL It is a matter that, in part, in some ways, could affect the work of your committee. The City Attorney said he could read into this by the lateness of TML sending this to the city. He was not sure they fully appreciated it or understood the impact. City Attorney Schenk said it does not apply to statewide retirement systems; hence, in their Regular City Council Meeting December 8, 2003 Page 12 memo they specifically say it does not apply to TMRS, but in reading the amendment, it would apply to the Firemen's Pension Fund because it is not a statewide pension plan. City Attorney Schenk said what this means is that the city cannot reduce the entitlement to the benefits. The city must maintain the level of benefits under the system. The City Attorney said, for example, this last budgetary session, the city increased the parity, increased the city's contribution into that system to have it comparable to that of TMRS. He advised that the best reading your can give to the language would be, unless this local option is replaced through the election process, the city can no longer diminish that amount of contribution on the part of the city, because the city would be reducing the benefits that the participants in the program receive. City Attorney Schenk said his office is going to pursue additional research on this to see what the best legal minds say and see what the best interpretation is. After discussion, a motion was made by Councilman Guest authorizing the City Attorney to prepare an ordinance calling for a citywide election on Article XVI, Section 66 of the Texas Constitution. The motion was seconded by Councilwoman Neeley and carried 7 ayes, 0 nays. Mayor Fendley called for the presentation of and providing direction to city staff regarding the proposed Police Department Pay Plan. Gene Anderson, Director of Finance, said at the last budget workshop the Chief of Police had proposed a change in his pay plan and the City Council instructed him to do an analysis of that and report back to Council on that. Mr. Anderson said as part of the process, they updated the data and made sure it was correct. They made sure the proposal addressed the group the Police Chief was most concerned about, which was the group of people he thought he might lose to other law enforcement agencies. They also analyzed it to make sure it would fit within the Police Chief's estimated savings and they also analyzed those estimated savings to see if they were realistic estimates of what the savings could be. They looked to see if they maintained a reasonable spread among Regular City Council Meeting December 8, 2003 Page 13 ranks so there would be incentives for people to desire promotion and to test for promotions. Mr. Anderson said they looked at total compensation, and not just the base pay because they felt it was relevant. They also considered the issue of whether or not, if there was going to be an increase, what type increase it would be, and they think from that analysis any increase should be treated as an add on and not a step. Because they think there are legal problems with steps within civil service. This would be an add-on like certificate pay is an add-on. Mr. Anderson said they reviewed the cities that the Police Chief had proposed, Bonham, Denison, Greenville, Sherman, and Mt. Pleasant and what was on the spread sheet that he had given the Council is a list of the patrolmen grouped by seniority, whether they have been with the city for at least a year, but less than five years, five years to ten years, and ten years to fifteen years on the first page. He said the higher ranks are on the second page. He advised that the first column is their base rate as it exists currently. The next column is maximum average wage of those cities that were surveyed. The third column is the difference in the city's base and that maximum average wage base. The fourth column is the Police Chief's request and the fifth column is the cost of his request. Mr. Anderson said in the first group of patrolmen, what is being proposed is an annual increase of $600.00 in the one to five year group. In the five to nine year group they are proposing an annual increase of $1,284.00 and from the ten to fifteen group, they are proposing $2,284.00, and fifteen years or more, it is $3,784.00. The request for a Corporal is $3,002.00, for a Sergeant is $4,460.00, for a Lieutenant $3,628.00 and the increase for the Assistant Police Chief is $3,778.00. Mr. Anderson advised that after the modifications were made the estimated cost of implementation would be $168,250.36 and he felt that falls into a reasonable estimate of the savings that could be obtained by the things that were proposed by the Police Chief. Those changes were reduction of overtime, elimination of two positions, and he discounted the reduction of one vehicle because that is a one time reduction and they needed to keep the cost within reductions that reoccur. Mr. Anderson said it is his recommendation that this plan be implemented by Regular City Council Meeting December 8, 2003 Page 14 resolution in January to be voted on the 12th and make the effective date January 3, 2004, because that pay period would not have been paid yet. After discussion, a motion was made by Councilman Bell to move forward with the proposed plan to be implemented on January 12, 2004, to be effective January 3, 2004. The motion was seconded by Councilman Guest and carried 7 ayes, 0 nays. Mayor Fendley announced that the City Council would take a short break at 7:16 P.M. Mayor Fendley reconvened the meeting at 7:20 P.M. Mayor Fendley called for a staff report on the status of the Streetscape Proj ect. City Manager Malone advised the City Council that this is a TxDOT Enhancement Grant in the amount of approximately one million dollars. He said that there are several members of city staff who have been involved to put this program together out of the Engineering Department along with Terry Townsend, Director of Public Works. Mr. Townsend said he has received input from the Main Street Advisory Board and the Downtown Merchants in preparing the plans and specifications, which were done by Hayter Engineering. City Manager Malone asked Terry Townsend to come forward and present a visual report on the Streetscape Project. Resolution No. 2003-187, approving the form of the contract with Encino Landscape, Inc., and authorizing the Mayor to execute on behalf of the City of Paris, the contract with Encino Landscape, Inc., in the amount of $601,340.11 and the same is hereby accepted and conditioned upon said contractor meeting all of the terms and specifications included in the bid documents and concurrent with the approval of the Texas Department of Transportation, 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. Regular City Council Meeting December 8, 2003 Page 15 City Manager Malone reported on the Code Enforcement activities, which are having a positive impact. He advised that since the first meeting of the Building and Standards Commission on September 15, 2003, 22 structures had been taken to them. The City Manager said as of December 8, 2003, property owners have demolished six more of those structures, repaired one of those structures and the city will be demolishing six of those structures. He advised that six properties should be demolished and three structures should be repaired by December 18, 2003. The City Manager said the city has been using the relationship with the Bonham State Jail and the prisoners have put in 424 inmate hours of demolition in the Uarco Building in preparation for the renovation of that building. The prisoners also have 520 inmate hours put in at the Casa Bonita property on 7th N.W. They contributed 40 hours to the Pumpkin Festival along with repainting the office in City Hall where Melba Harris is located. They contributed hours to moving from the old Central Fire Station to the building at Wise Field where they are currently based. He said there are several hundred inmate hours that have been contributed to cleaning vacant lots and structures throughout the city on a monthly basis. City Manager Malone advised that at the last Keep Paris Beautiful meeting they reported that 400 bags were handed out containing literature about city ordinances, illegal dumping, composting, coffee cups, cans and other novelties were given out at the Festival of Pumpkins. City Manager Malone advised that the city is going forward with a grant for hazardous waste collection and disposal in cooperation with Keep Paris Beautiful who gave the city $5,000.00 match in order to make that grant competitive. He said that the hazardous waste disposal is not one of the top rated items in that grant application as they are interested in other activities. So in order to improve the city's chances of get the grant award the $5,000.00 match is going to give the city more points. City Manager Malone advised that Millie McDonald is presently working three new illegal dumping cases. He said the first illegal dump case was tried in County Court. The person was found guilty. He received a$750.00 fine, plus Regular City Council Meeting December 8, 2003 Page 16 court cost was accessed along with two years probation, and as a result,1650 tires have been removed and deposed of. City Manager Malone said the City Council had been furnished a copy of the Local Control of Illegal Dumping by John H. Ockels, Ph.D, and it has an article on the mountain of glass on Church Street that Ms. McDonald has been pursuing. City Attorney Schenk presented the following petitions for rezoning: Shirley and Donna Swindle, Lots 11 ad 12. Block B, East Park Addition, from One Family Dwelling District No. 3 to a Neighborhood Service District; Wanda Whitaker, Lot 14, Block C, Lamesa Heights Addition, from a One-Family Dwelling District No. 2 to a Neighborhood Service District. Mayor Fendley referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for January 5, 2004, and before the City Council scheduled for January 12, 2004. There being no further business, a motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, to adjourn the meeting. The motion carried 7 ayes, 0 nays. CURTIS FENDLEY, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK