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02 City Council (02/09/04) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL February 9, 2004 The City Council of the City of Paris met in regular session, Monday, February 9, 2004, 6:30 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, Francine Neeley, Willie Weekly, Sr., and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk and Acting City Clerk Sherian Dixon. Since the Planning and Zoning Commission had met just prior to the Council meeting, Mayor Fendley asked Steve Methven, Chief Building Official of the City of Paris, to come forward and give the report. Mr. Methven stated, concerning the consideration of and action on the Replat of Lots 1 and 2, Simpson Place Subdivision(City Block 226), being located in st the 600 Block of 21 Street S.E., the Commission had voted 6 ayes to 0 nays for approval subject to the requirements of the City Engineer. Councilwoman Neeley made a motion to approve the Replat subject to the requirements of the City Engineer. Councilman McCarthy seconded the motion and it carried 7 ayes to 0 nays. Mr. Methven related the Commission had approved the Replat of Lots 4, 5, 6 and 7, City Block 248, being located in the 1800 block of Clarksville Street, subject to the requirements of the City Engineer by a vote of 6 ayes, 0 nays. Councilman Bell made a motion, seconded by Councilman Weekly, to approve the replat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Mr. Methven continued that the Commission had approved the Final Plat of the Hills Subdivision, Phase IV subject to the Engineer’s memo by a vote of 6 to 0. Councilman Guest made a motion to approve the Plat subject to the City Engineer’s recommendations which was seconded by Councilwoman Neeley. The motion carried 7 ayes, 0 nays. He also stated the Planning and Zoning Commission had approved the Regular City Council Meeting February 9, 2004 Page 2 Preliminary Plat of Saint Paul Baptist Church, Lots 1, 2, 3, 4, 26A, 27, 28, 20 nd and 30, City Block 59, being located in the 400 block of 2 N.E. subject to the City Engineer’s memo by a vote of 6 to 0. A motion was made by Mayor Pro Tem McCarthy to approve the Preliminary Plat subject to the City Engineer’s recommendations. The motion was seconded by Councilman Weekly and carried 7 ayes, 0 nays. The Planning and Zoning Commission approved the Final Plat of Hilltop Subdivision, being located in the 2400 block of E. Cherry Street, subject to the recommendations of the City Engineer. Mr. Methven said the action was approved by a vote of 5 to 0, with Chairman Reeves Hayter abstaining. Councilman Bell made a motion to approve the Plat subject to the recommendations of the City Engineer. It was seconded by Councilman Guest and passed 7 ayes, 0 nays. Mr. Methven related that the Commission had approved the Preliminary Plat of the Pathway Church of God, Lot 4, City Block 351, located in the 3800 block of Loop 286 S.E., by a vote of 6 to 0, subject to the City Engineer’s memo. Mayor Pro Tem McCarthy made a motion to approve the Preliminary Plat subject to the recommendations of the City Engineer. Councilwoman Neeley seconded the motion and it carried 7 ayes to 0 nays. Mr. Methven stated that the Commission also voted to approve the Preliminary Plat of Lots 1, 2, and 3, House Addition, City Block 219-A, located in the 1300 block of West Austin Street, subject to the City Engineers memo by a vote of 6 to 0. Councilman Guest made a motion to approve the Preliminary Plat subject to the recommendations of the City Engineer which was seconded by Councilman Weekly. The motion carried 7ayes, 0 nays. He stated the Commission also approved the preliminary Plat of Parr-Hull Medical Plaza and Medical Center, Lot 1, located in the 3600 block of North Main, subject to the City Engineer’s memo, 6 to 0. Mayor Pro Tem McCarthy made a motion to approve the Preliminary Plat subject to the recommendations of the City Engineer. Councilman Weekly seconded the motion and it passed 7 ayes to 0 nays. Regular City Council Meeting February 9, 2004 Page 3 ORDINANCE NO. 2004-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING A VARIANCE PURSUANT TO SECTION XVI (B) OF ORDINANCE NO. 1315, THE CITY SUBDIVISION ORDINANCE, FROM THE REQUIREMENTS OF SECTION VIII (A), CURB AND GUTTER, OF THE AFORESAID SUBDIVISION ORDINANCE, TO THE DEVELOPER OF LOT 2, CITY BLOCK 308, ALSO KNOWN AS THE PARIS RETIREMENT VILLAGE, BEING LOCATED IN THE 1400 BLOCK OF W. WASHINGTON STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. Mr. Methven indicated the Planning and Zoning Commission had passed the ordinance 6 ayes to 0 nays. Mr. Methven indicated the Commission had approved the waiver, but there was an issue that would come before Council because Mr. Chamy requested that he not have to put up the money for the curb and gutter. City Attorney Schenk reminded the Council that this ordinance not only granted the variance but also waived the fees, as written. Councilman Guest made a motion to approve the ordinance. Councilman Plata seconded the motion, which passed 7 ayes, 0 nays. Mayor Fendley said the following minutes had been provided to the Council: August 18, 2003, September 9, 2003, October 13, 2003, November 6, 2003, and December 8, 2003. He asked for approval of the minutes or any corrections. City Manager Malone stated there was an amendment to the September 8, 2003, minutes, adding Anhydrous Ammonia to the list of items to be let out for bids, which had been inadvertently omitted. Councilman Bell moved to accept the minutes with the appropriate amendment. Mayor Pro Tem McCarthy seconded the amendment, which carried 7 ayes, 0 nays. Mayor Fendley called for receipt of reports from the Airport Advisory Board, the Historic Preservation Commission, the Paris Economic Development Corporation, the Main Street Advisory Board, the Library Advisory Board, and the Civil Service Commission, with no action being required. Regular City Council Meeting February 9, 2004 Page 4 City Manager Malone indicated the next item from the Traffic Commission, asking a stop sign be placed on Silverleaf at Aspen Drive, stopping north and south bound traffic on Silverleaf, was an action item. ORDINANCE NO. 2004-006 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 THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AND EFFECTIVE DATE, WAS PRESENTED. Councilman Bell made a motion to approved the ordinance. Mayor Pro Tem McCarthy seconded the motion and it carried 7 ayes, 0 nays. Councilman Plata raised a question as to the scope of the Historic Preservation Commission’s authority. He wondered if the Commission could tell a citizen what color to paint their house. Also, he wanted to know if the Commission was the final authority. He indicated a lot of citizens had questions. City Attorney Schenk related that there was a process to appeal a decision by the Historic Preservation Commission. People could appeal a denial to the City Council. The citizen, first, has to go before the Commission to get a Certificate of Appropriateness. When denied, they can appeal that decision to the Council. City Attorney Schenk said there was not a need for a Certificate of Appropriateness if they are repainting and not changing the color, but a color change or any exterior change requires the Certificate. Mayor Fendley said this is like any other new committee; it will take a while to get the information out to the public. Councilman Bell related that after the Planning and Zoning meeting Monday night, several members of the Historic Regular City Council Meeting February 9, 2004 Page 5 Preservation Commission discussed the possibility of having a public hearing with the Historic Preservation Commission, the Planning and Zoning Commission, and the City Council, for informational purposes, not only for these groups but also for the public. Mayor Fendley said it would be good to schedule a public meeting to get the information out to the people. Mayor Fendley suggested that a public meeting be scheduled sometime within the next 30-45 days. Resolution 2004-021, ordering the regular municipal election for the City of th Paris, Paris, Texas, to be held on the third Saturday in May, same being the 15 day of May, 2004, between the hours of 7:00 a.m and 7:00 p.m., by the qualified voters of Districts 1, 2, 3, and 6 of the City of Paris, with Early Voting for the th same being conducted in the City Hall Annex West from the 28 day of April, th 2004, through the 11 day of May 2004, Monday through Friday, between the hours of 8 a.m. and 5 p.m., for the purpose of electing the Council Members from each of said Districts to serve as members of the City Council for the ensuing two years, was presented. Councilman Bell made a motion to approve the resolution. The motion was seconded by Mayor Pro Tem McCarthy and carried 7 ayes, 0 nays. Resolution 2004-022, ordering a city-wide Special Election to be held in the th City of Paris on the third Saturday in May, 2004, the same being the 15 day of May, 2004, between the hours of 7 a.m. and 7 p.m. on the question of exempting the City of Paris and the Paris Fire Fighters Relief and Retirement Fund from the application of Article XVI, Section 66 of the Texas Constitution, entitled “Protected Benefits Under Certain Public Retirement Systems,” prescribing the form of the ballot; permitting only resident qualified voters to vote; providing for Early Voting; providing for an Early Voting Ballot Board; providing notice of election, making other findings and provisions related to the subject, was read. City Attorney Schenk indicated that, although it would be held at the same time as the City Council Election, it was a separate election, on a separate ballot and would be city-wide. Councilman Weekly made a motion to approve the Regular City Council Meeting February 9, 2004 Page 6 resolution. It was seconded by Councilman Guest and carried 7 ayes, 0 nays. Resolution 2004-023, expressing support for H.R. 2209, the Highway Funding Equity Act of 2003, pending before the United States Congress, to provide a more equitable share of Federal highway funds to the State of Texas, was read. A motion was made by Councilman Bell, seconded by Mayor Pro Tem McCarthy, for approval of the resolution. The motion carried 7 ayes to 0 nays. Resolution 2004-024, approving and authorizing a Letter of Agreement by and between the City of Paris and the Texas Historical Commission to qualify the City for eligibility to continue to participate in the Main Street Graduate City Program, was presented. Councilwoman Neeley made a motion to approve the resolution, which was seconded by Mayor Pro Tem McCarthy. The motion carried 7 ayes, 0 nays. Resolution 2004-025, approving and authorizing the execution of Contract Change Notice No. 3 (Attachment No. 1A) to the Contract for Public Health Services, TDH Document No. 7560022067-2004, was read. Councilman Bell asked if there was any budgetary impact that came with this Change Order. Finance Director Anderson indicated there was a zero budget impact. Councilman Bell made a motion to approve the resolution. Mayor Pro Tem McCarthy seconded the motion, which carried 7 ayes, 0 nays. th Mayor Fendley said the next item had been tabled at the January 12 meeting and a motion was in order to bring it from the table. Councilwoman Neeley so moved to bring it from the table. Councilman Bell seconded the motion, which passed 7 ayes to 0 nays. Mayor Fendley called Karl Louis, Chief of Police, forward to address the Council. Chief Louis commended Task Force Director Eddie Almond on his years of service, as he is retiring in May, and on the outstanding job he has done. Chief Louis presented Lieutenant Shawn Walsh, a supervisor with the Texas Department of Public Safety Narcotics Division, who will assume the Regular City Council Meeting February 9, 2004 Page 7 duties of director of the Red River Valley Drug Task Force. Chief Louis explained that there had been two separate Drug Task Forces. Titus County had opted out of one and Red River County and Clarksville had opted out of the other one, so they decided to join forces. Chief Louis explained that by uniting and becoming a bigger organization, it would increase their ability to get funding. Chief Louis explained members new to the Task Force included Hopkins County, Franklin County, Delta County, and Sulphur Springs. Chief Louis asked for the Council’s acceptance and support of the newly formed Task Force. Councilman Bell commended the Task Force and indicated it was an excellent system. Mayor Pro Tem McCarthy asked if it were possible to change the name from Red River Valley Drug Task Force to something else since Clarksville and Red River County had opted out. Chief Louis stated that it had been named Red River Valley because of the geographic location, not the County. Mayor Pro Tem McCarthy suggested possibly North East Texas Drug Task Force or Sulphur River Task Force. Chief Louis indicated that the application had already been submitted with Red River Valley, but it was something they might consider in the future. Resolution 2004-026, approving and authorizing a grant application to the Office of the Governor, Criminal Justice Division, for a Red River Valley Drug Task Force Grant in the amount of $739, 722.00, with the City of Paris providing $24, 414.00 in matching funds; authorizing the execution of an Interagency Agreement, was presented. A motion was made by Councilman Bell, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution 2004-027, approving and ratifying the execution of a grant application to the Office of the Governor, Criminal Justice Division, through the Ark-Tex Council of Governments for a Violence Against Women Act Grant in the amount of $107,000.00, with the City of Paris providing $27,000.00 in the form of in-kind services, was presented. Mayor Pro Tem McCarthy made a motion to accept the resolution. Regular City Council Meeting February 9, 2004 Page 8 Councilwoman Neeley seconded the motion, which carried 7 ayes, 0 nays. Resolution 2004-028, authorizing the execution of a Consent of Assignment of Tax Abatement Agreement from Sesaco Corporation to Sesame Solutions, LLC, was read. Councilman Bell asked what this amendment was for. Mayor Fendley said, basically, it was a name change, with no other changes. A motion was made by Councilwoman Neeley, seconded by Councilman Weekly, to accept the resolution. The motion carried 7 ayes to 0 nays. Resolution 2004-029, approving and authorizing Amendment No. One to the Tax Abatement Agreement between the City of Paris, Paris, Texas, and Turner International Piping Systems, Inc., dated February 18, 1999, was presented. Councilman Bell and Councilwoman Neeley were wondering what this resolution was for. City Attorney Schenk said it was basically a name change, also. Councilman Plata made a motion for acceptance of the resolution, which was seconded by Councilman Guest. The resolution carried 7 ayes 0 nays. Resolution 2004-030, authorizing the Paris Economic Development Corporation, at its expense, to perform all work required for the construction of stth Hearne Street from 1 Street S.W. to 4 Street S.W. on right of way previously acquired by the City of Paris, conditioning the approval of said construction upon conformance by the PEDC with all applicable City ordinances, codes, regulations, and specifications as verified by City Inspectors, was presented. Councilman Guest made a motion for acceptance of the resolution, which was seconded by Councilwoman Neeley. The motion carried 7 ayes, 0 nays. Resolution 2004-031, approving and authorizing Change Order No. 1 and Change Order No. 2 to the Contract for the 24" RCCP Water Transmission Line, was presented. Regular City Council Meeting February 9, 2004 Page 9 Councilman Bell asked what the cost of these change orders were. City Engineer Shawn Napier brought the Council’s attention to a couple of handouts and explained that Change Order No. 1 amounted to $47,000 and Change Order No. 2 amounted to $10,000, but that there would be no addition to the amount of the contract because the contingency fund provided for in the contract to off-set any unforeseen items. He did indicate that 45 days was added by the change orders to allow for additional time for the manufacture and delivery of the RCCP pipe. Councilwoman Neeley reiterated that the City would not be spending any more money, which was confirmed by City Engineer Napier. Councilman Bell asked why the 45 day delay. Mr. Napier explained that a section of pipe they had installed failed and that had to be taken care of. He continued that it was just an individual breakdown in that section of the pipe and it was an emergency break. Mayor Pro Tem McCarthy asked for an estimated date for the completion of the project and City Engineer Napier indicated it should be mid-March. Mayor Pro Tem McCarthy asked if that included road work and everything. Mr. Napier said it did. Mayor Pro Tem McCarthy said there had been some published concerns about drainage. City Engineer Napier said that Change Order No. 2 addressed that. Mr. Napier indicated that some of these people had drainage problems for years and there was no simple solution, but the street would help with the drainage problems. City Engineer Napier cited shallow ditches as part of the problem. City Manager Malone interjected that this was a localized problem on private property. Councilman Bell asked if there was still $43,000.00 in the Contingency Fund. City Engineer Napier said that was approximately correct. A motion was made by Mayor Pro Tem McCarthy and seconded by Councilwoman Neeley, to approve the resolution. The motion carried 7 ayes to 0 nays. Regular City Council Meeting February 9, 2004 Page 10 Resolution 2004-032, accepting the proposal of Freese and Nichols, Inc., for professional services related to the performance of a Water System Vulnerability Assessment pursuant to the requirements of the Public Health Security and Bioterrorism Response Act, authorizing the execution of a Professional Service Contract with Freese and Nichols, Inc., for such study, subject to the negotiation of an acceptable fee, was presented. Mayor Fendley asked if this was an expansion of the study by Freese and Nichols, last month. Councilwoman Neeley remembered this was something the Council voted to do in December that they had to spend money on. City Engineer Napier agreed that it was another unfunded mandate. Councilwoman Neeley questioned if this had not already been voted on. Mr. Napier explained that the Council had voted to allow them to go out and get proposals. He and Herb Campbell, Director of Utilities, looked them over and selected Freese and Nichols as the best proposal because Freese and Nichols have done the majority of Vulnerability Assessments throughout the State of Texas. City Engineer Napier continued that there was a Vulnerability Self-Assessment Test and they were going to get with Freese and Nichols to help them do this, which is probably the most economical route. He indicated that Freese and Nichols fee is Around $1.00 per population, which would make it between $25,000.00 and $30,000.00, but they were going to try and negotiate and get it somewhere around $15,000.00. Councilman Bell questioned if the other proposals were something they needed to look at and if this was done by bid process. City Manager Malone explained there is no going out for bids for professional services. Councilman Bell asked if the Council authorizes this, then would the City negotiate the contract amount, depending on what the City could afford and what needed to be done. City Engineer Napier said that was correct. City Attorney Schenk explained this resolution will authorize Mr. Napier to negotiate the fee and if he is not satisfied or is not successful in negotiating a fee which is fair and reasonable, then he can go to the next qualified company. Regular City Council Meeting February 9, 2004 Page 11 A motion was made by Councilman Guest to approve the resolution. It was seconded by Councilwoman Neeley and carried 7 ayes, 0 nays. Mayor Fendley indicated that items M through V on the agenda were resolutions authorizing the awarding of bids and wanted to know if they could be voted on collectively. Resolution 2004-033, awarding the bid for the purchase of flexible base material (White Rock)for use in the Street Division of Public Works, was presented. The lowest bidder was Martin Marietta Materials, who bid $8.10 per ton. Resolution 2004-034, awarding the bid for the purchase of Portland Cement Concrete for use in the various divisions of the Public Works Department, was presented. Lowest bidder was Coston and Son Ready Mix, who bid $70.00 cubic yard for “Class A” (5 sack) and $73.50 for “Class C” (6 sack). Resolution 2004-035, awarding the bid for the purchase of CRS-2 Emulsion Asphalt for use in the Street Division of the Public Works Department, was presented. Lowest bidder was Ergon Asphalt and Emulsions with a bid of $.7947 per gallon. Resolution 2004-036, awarding the bid for the purchase of Flexible Base Material (Red Rock) for use in the Street Division of Public Works, was presented. Lowest bid was from Jackie Wheeler Construction at $8.25 per ton. Resolution 2004-037, awarding the bid for the purchase of Hot Mix Cold Laid Asphalt, Type “B” (Fine Base), material for use in the Street Division of the Public Works Department, was presented. The lowest bid of $28.75 was from APAC-Texas, Inc. Resolution 2004-038, awarding the bid for the purchase of SS-1 Emulsion Asphalt (Tack Oil) for use in the Street Division of the Public Works Department, was presented. Lowest bidder was Ergon Asphalt and Emulsions, with a bid of $0.8147 per gallon. Regular City Council Meeting February 9, 2004 Page 12 Resolution 2004-039, awarding the bid for the purchase of Hot Mix Cold Laid Asphalt, type “A” (Coarse Base), materials for use in the Street Division of the Public Works Department, was presented. The lowest bid was from APAC- Texas, Inc. with a bid of $28.75 per ton. Resolution 2004-040, awarding the bid for the purchase of Aggregate Cover Stone (Type B, Grade 4, Uncoated) for use in the Street Division of the Public Works Department, was presented. The lowest bid was $14.50 per ton by Martin Marietta Materials. Resolution 2004-041, awarding the bid for the purchase of Aggregate Cover Stone (Type B, Grade 5, Uncoated) for use in the Street Division of Public Works, was presented. Martin Marietta Materials presented the lowest bid of $17.00 per ton. Resolution 2004-042, awarding the bid for the purchase of Hot Mix Cold Laid Asphalt, Type “F” (Fine Mixture), material for use in the Street Division of the Public Works Department, was presented. Richard Drake Construction Company presented the lowest mid of $29.20 per ton. Councilman Bell asked if any of the bids exceeded the City’s expectations. City Manager Malone said all of these bids were for the Public Works Department and Terry Townsend, Director of Public Works, was on vacation. City Manager Malone said the bid awards were all to the lowest bidder. Councilman Bell expressed his concern that if the bids exceeded the budgeted amounts, then there would be impacts later on. City Manager Malone explained that the items were bid per ton, and when the money in the budget ran out, they wouldn’t do any additional work or order more material. Councilman Bell made a motion to collectively approve the resolutions, awarding the bids to the lowest bidders. The motion was seconded by Councilman Guest and carried 7 ayes to 0 nays. Resolution 2004-043, reappointing a member to the Traffic Commission of the City of Paris, making other findings and provisions related to the subject, was Regular City Council Meeting February 9, 2004 Page 13 presented. City Manager Malone indicated that Edward D. Ellis was being reappointed for a term of three (3) years. A motion was made by Councilman Weekly and was seconded by Mayor Pro Tem McCarthy. The motion carried 7 ayes, 0 nays. Resolution 2004-044, appointing a member to the Library Advisory Board to serve the unexpired term of Vicki Terlap, which expires June 30, 2004, and Joyce Kennemer, which expires June 30, 2006, was presented. City Manager Malone stated that Carl Lucas was recommended to serve the unexpired term of Vicki Terlap and Deborah Hatley was recommended to served the unexpired term of Joyce Kennemer. Councilwoman Neeley made a motion to approve the resolution, which was seconded by Councilman Weekly. The motion carried 7 ayes, 0 nays. Resolution 2004-045, appointing an alternate member to the Building and Standards Commission of the City of Paris to serve the unexpired term of Billy Hill, which expires June 30, 2004, was presented. City Manager Malone said Greg Wilson was recommended to fill the vacancy. A motion to accept the resolution was made by Councilwoman Neeley. Councilman Bell seconded the motion and it passed 7 ayes to 0 nays. Resolution 2004-046, appointing members to the Paris-Lamar County Board of Health and making other findings and provisions related to the subject, was presented. City Manager Malone said these appointments were to fill the expired terms of Vicki Bonham, Dr. Robert Moseley, Dr. Caroline Wilson, Dr. Ed Clark, and Dr. Gordon B. Strom, Jr., as members. It was recommended that Vicki Bonham, Dr. Robert Moseley, Dr. Caroline Wilson, and Dr. Gordon B. Strom, Jr., be reappointed and that Dr. David Carpenter and Rae Jackson be appointed for terms ending December 31, 2004. A motion was made by Councilman Bell and was seconded by Mayor Pro Tem McCarthy. The motion carried 7 ayes, 0 nays. Regular City Council Meeting February 9, 2004 Page 14 Councilman Bell mentioned it would be helpful to have a list of all the Boards and Commissions, their existing members, and when their terms expired. Mayor Fendley called for a brief recess and 7:20 p.m. The City Council reconvened at 7:30 p.m. Mayor Fendley said they would move to Item No. 15 on the agenda, which was discussion of and possible direction to staff regarding revision of the evaluation forms. He reminded the Council they had been provided with the resolution, a copy of the blank evaluation forms and a copy of last year’s evaluations last month. Councilman Jay Guest directed the Council’s attention to the evaluation form of the Municipal Court Judge. He questioned if the evaluations could be cut down to five (5) major issues or whatever the Council agreed on. He discussed budget management, requests from Council, supervisory skills, planning skills, and interpersonal skills which he felt were necessary. On job knowledge, Councilman Guest thought that because the Judge went to law school, is a practicing attorney, and is a judge, that the category “Job Knowledge” should be changed to “Job Performance.” Mayor Fendley asked City Attorney Schenk if any of these job performance forms were changed, would they have to have a new resolution. City Attorney Schenk indicated they would have to have a new resolution, but explained it would be an amending resolution. Councilman Guest questioned the viability of Communication Skills for the Municipal Court Judge. City Attorney Schenk said, occasionally, citizens would call and complain, and those skills were necessary. Councilman Bell asked if the change of “Job Knowledge” to “Job Performance” Regular City Council Meeting February 9, 2004 Page 15 wouldn’t also apply to the City Attorney and the City Manager, also. The consensus was that it probably would. City Councilwoman Neeley said the whole evaluation was a job performance thing, which would lump everything together in one category, and she questioned the necessity of having a “Job Performance” category. She felt like, instead of changing the name of category No. 1, it should be taken out. Mayor Fendley said they would take out item No. 1, “Job Knowledge.” He indicated this would be on the Judge’s evaluation only, as they were taking each evaluation separately. On “Communication Skills,” Mayor Fendley thought that would correspond with the Judge’s duties. City Councilwoman Neeley thought people would be complaining if the Judge didn’t have communication skills and the Council would know. Mayor Fendley thought equity and fairness would be necessary and all agreed. He asked for the Council’s opinion on Interpersonal Skills. Councilman Bell mentioned he had brought copies for the Council members of some other Employee Performance Reviews, one in particular he liked the best, covered three (3) areas, with a total of thirty (30) different items. He related some of the items listed on their Job Knowledge included attitude, planning, organization, cooperation, communication, work quality and quantity, problem solving, learning ability, and follow through. On Personal Attributes, it included personality, stability, judgment, initiative, motivation, personal insight, emotional maturity, leadership, dependability, professionalism, timeliness, attendance; and Interpersonal Skills included relationship skills, informal leadership, flexibility, empathy, personal courtesy, telephone courtesy, appearance, congeniality, genuineness and participation. He passed a copy out to the Council members and said he thought communication skills consolidated a lot of these. Councilman Bell indicated this form was being used by the Red River Authority. He thought that to totally Regular City Council Meeting February 9, 2004 Page 16 change the applications would be too complicated, but that some of these could be used as sub-categories for the categories already there. Councilman Bell indicated that he wanted to discuss scoring on all evaluations when they got to that subject. It was the consensus to leave item four in the evaluation. Mayor Fendley directed the Council’s attention to No. 5, Work Habits. He thought it would be indicated by the fines the Municipal Judge collects. Mayor Fendley asked Municipal Court Judge Hunt how many hours he worked. The Judge replied between 80 and 100 hours. All agreed to omit this item. Mayor Fendley said that item No. 6, Planning Skills could be a time management issue. Mayor Pro Tem McCarthy asked how the Council would now if the Municipal Court Judge managed his time wisely. Councilman Plata agreed. All agreed to delete item No. 6. Supervisory Skills and Leadership was item No. 7. Mayor Fendley thought this would be appropriate for any of the evaluations, although the Council would not know how the employees responded to his supervisory skills. Mayor Pro Tem McCarthy said if the employees were dissatisfied, someone would know about it. Mayor Fendley thought this went back to Equity and Fairness, not only with the citizens but also with the staff. He thought some of this could be combined. Councilman Guest suggested this be made a sub-heading under item No. 3. Councilwoman Neeley related that it already said, under the explanation for item No. 3, concern for fair treatment of citizens, employees and others. Mayor Pro Tem McCarthy suggested that item No. 3, Equity and Fairness, be left in and item No. 7, Supervisory and Leadership skills be taken out. All agreed. On item No. 8, Council Requests, Councilwoman Neeley thought, although there wasn’t a problem with this one at present, it should be left in for the future. The consensus was to leave this item in. Mayor Fendley brought the Council’s attention to the next item on the Regular City Council Meeting February 9, 2004 Page 17 Evaluation, Budget Management. Councilwoman Neeley, stated again, although there are no present problems in that area, in the future if someone decided they could spend all they want, wouldn’t that need to be in the Evaluation. It was agreed that item would stay in the Evaluation. Mayor Fendley reiterated that items No. One (1), No. Five (5), No. Six (6) and No. Seven (7) under the City Judge would be deleted. Mayor Fendley directed the Council’s attention to the City Attorney’s Evaluation, which listed ten (10) items. Councilman Guest said to delete job knowledge. It is a prerequisite for the job, not a skill to be evaluated. All agreed. Mayor Fendley mentioned that Communication Skills, the next item, was important with legal council. Mayor Fendley also thought Equity and Fairness needed to be left in the Evaluation. He questioned if anyone thought it should be combined with another item. Councilwoman Neeley felt it should be left in. Councilman Guest said he didn’t necessarily disagree, but that the law was the law. Councilwoman Neeley countered that this isn’t about legal issues, but that everyone is treated the same. Mayor Fendley said, for example, are all ordinances enforced the same for everyone. Mayor Fendley said they would leave this in the Evaluation. Mayor Fendley thought item No. Four (4) reverted back to item No. Three (3). Councilman Guest agreed that it was redundant. Councilman Bell asked if they were combining item No. Three (3) and item No. Four (4). It was agreed that item No. Four (4) would be deleted. Mayor Fendley moved on to No. Five (5), Conflict Resolution and there was silence. He concluded silence says it stays in, as this would be necessary for legal counsel. Regular City Council Meeting February 9, 2004 Page 18 On Work Habits, No. Six (6), Mayor Pro Tem McCarthy said it should stay. All agreed it should stay. Concerning No. Seven (7), Planning Skills, Mayor Fendley said he felt this was in line with Leadership and Planning the work flow in the Attorney’s Office, but he wasn’t sure which heading to combine them under, (7) or (8) Supervisory Skills and Leadership. Councilwoman Neeley suggested combining them under the heading of Planning, Supervisory Skills and Leadership. Everyone agreed to combine the two. On No. Nine (9), Council Requests, it was the consensus to leave it in. On Budget Management, No. Ten (10), Councilman Guest asked if that was keeping his office within its budget. Mayor Fendley said it means how much he can get done without hiring outside legal counsel. All agreed with that. Mayor Fendley summarized action on the City Attorney Evaluation as deleting items One (1) and Four (4), and combining items Seven (7) and Eight (8). Mayor Fendley directed the Council’s attention to the City Manager Evaluation Sheet. He assumed that item No. One (1), Job Knowledge, would be omitted as it had been in the previous two evaluations. Councilman Plata disagreed because he felt the City Manager had to know more issues facing local government. Councilwoman Neeley explained that it was different from a City Attorney and a City Judge, because they have to be legally qualified to do their jobs. She felt a City Manager was like a CEO and has to have different skills than the Attorney or Judge. Councilman Guest said he felt the same with the City Manager applies, if he didn’t have job knowledge, he wouldn’t be hired. Councilman Plata said he felt that having technical knowledge of issues facing local government should be added to No. Seven (7), Planning Skills, because he felt it was important. It was agreed to add that to No. Seven (7). On Communication Skills, No. Two (2), everyone agreed it should stay in. Concerning Equity and Fairness, No. Three (3), Mayor Pro Tem McCarthy Regular City Council Meeting February 9, 2004 Page 19 thought that should stay. Councilman Guest indicated that not only in this evaluation, but also the previous ones, no one has considered Attitude, and wondered where this should be put. Councilwoman Neeley thought this should be put under No. Four (4), Interpersonal Skills, along with the things already listed, tact, consideration, etc. It was suggested putting Attitude under No. Four (4). Mayor Fendley said No. Three (3) is left as is and on No. Four (4), make the heading Interpersonal Skills-Attitude, and do that on all three evaluations. City Councilwoman Neeley reminded the Council that item No. Four (4) was deleted from the other two evaluations. Mayor Fendley said it would be added back. All agreed item No. Five (5), Conflict Resolution would stay in. Councilman Plata felt item Six (6) Work Habits should be left in and all agreed. Mayor Fendley said Seven (7) and Eight (8) were combined on the City Attorney’s Evaluation and ask if the Council would like to do this again. Councilwoman Neeley said she did not, because she thought there was a difference in the jobs. Mayor Fendley indicated Seven (7) and Eight (8) would stay as they were, with the description from One (1) added on to Seven (7). On item Nine (9), Council Requests, and item Ten (10), Budget Management, Mayor Fendley indicated they would be left. Councilman Plata asked if this was just a tool for evaluation, but not for hiring or firing. He gave the example, although City Manager Malone exceeded in the evaluation, if the Council decided they needed a change, could they let him go if he had a good evaluation? Mayor Fendley stated that the evaluation was set out in the City Charter and the Council can take appropriate action based on those evaluations. The three positions report to the Council and serve to the pleasure of the Council. Councilman Plata felt this was just a guide for improvement. Regular City Council Meeting February 9, 2004 Page 20 Councilman Bell asked if the evaluations were done years ago. The answer was no. Councilwoman Neeley said most cities are going to this evaluation and she thought it was a good idea. This is a way of saying how they are meeting Council’s expectations. Mayor Fendley moved on to the subject of scoring. Councilman Bell said during the last evaluation, some people used a point scoring like 2.5 and 1.5. Some used whole numbers and some used decimals. Also, he indicated that the scoring was on a scale of 1 to 5 and asked if a total failure would need to be 0. He thought there needed to be more uniformity. Councilwoman Neeley said most rating systems use a scale of 1 to 10. She thought using decimal points was a good idea. Mayor Fendley asked if they wanted to stay with the 1-4 rating or use the 1-10 rating. Councilman Guest said he liked 1-10. City Attorney Schenk indicated the problem with that was they would need to revise the levels of performance to a different scale. Councilwoman Neeley felt they could just revise what points constituted each rating. Councilman Guest said, for instance, 90-100 could be exceeds requirements, 80-89 and so on, and any thing below 65 would be failing. Mayor Fendley suggested doing it on a scale of 1-10 and breaking it down, 8-10 exceeds, etc. Councilman Weekly suggested leaving it like it was. Councilwoman Neeley asked what would happen if they left the scoring like it was and went to decimals. Councilman Bell felt the decimals makes the scoring more flexible. Councilman Bell said he didn’t care what was done, just so everyone ends up doing the same thing. Councilman Guest suggested using the decimal point on the 1-10 scale, setting failing at 6.5. Mayor Fendley felt like averaging would be unnecessary if the 1-10 scale was used. Councilman Plata didn’t see why it was averaged, anyway. If someone Regular City Council Meeting February 9, 2004 Page 21 made great in one category, they would really have to do bad in another to bring the overall average down. City Attorney Schenk explained the averaging meant different things to different people. He continued, averaging does not overshadow the individual score in each category. Mayor Fendley asked if the Council wanted to go to a 1-10 scoring, breaking it down into 6.5 and below, unsatisfactory, 6.6 to 7.4 requires improvement, 7.5 to 8.4 satisfactory, but needs improvement, 8.5 to 10, more than satisfactory or exceeds requirements. Finance Director Anderson said on the 10 point scale, with the 6.5 and above required for being good, a score of 2 would throw a wrench into it and a 6.5 floor would cause a lot of distortion. He felt they either needed to make something below 6.5 acceptable or go back to the 1-5 scale. He said having one as a floor cuts out a lot of distortion. Mr. Anderson felt that job knowledge should be application of job knowledge. Mayor Fendley asked which the Council wanted to do, go to a 1-5 scoring or a 1-10. Councilman Bell suggested using the 1-5 system with decimal points and 1 being the lowest score and 5 the maximum. Mayor Fendley said they would need to adjust the categories. He liked what was on the sheet Councilman Bell handed out, unsatisfactory, below average, good, very good, or outstanding. Councilwoman Neeley said that a category needs to be inserted between satisfactory and exceeds and she felt like category four, very good, should have the wording “usually above standards.” Mayor Fendley asked if the Attorney’s Office could get a draft of the resolution for the Council, to make sure it states everything they decided. Councilman Bell asked when the evaluations would be done. Mayor Fendley indicated the resolution stated between January and April. He said employee Regular City Council Meeting February 9, 2004 Page 22 benefits were going to be discussed in March, but that could be set up for April. Councilwoman Neeley asked if this doesn’t have to be a public meeting and the forms will have to be completed before the meeting. Councilman Bell asked if this could be done in Executive Session. City Attorney Schenk said the only thing that can be discussed in Executive Session are things having to do with legal counsel because of a court decision. He reminded the Council of the instructions which stated that each individual Council person should complete the evaluation form before the formal evaluation meeting without collaboration with other Council persons. Mayor Fendley said he thought they could have an executive session to discuss employees. City Attorney Schenk explained that in the situation with the City of Paris, there was a challenge in court of a City of Paris Charter provision, regarding the City’s ability to observe the Open Meetings Act, as written and applied to all other cities. He further explained that the decision was what the Council could and could not consider in Open Session under the language in the City of Paris Charter. Councilman Plata asked if Charter overrides the State. City Attorney Schenk said sometimes there are provisions that states it does, but the court ruled, in this case, that it did not. Councilwoman Neeley remembered that the Council had specifically asked, after the Court decision, if they could discuss employee evaluations in closed session and were told they could not. Mayor Fendley indicated there was no appeal. City Attorney Schenk said that was because it wouldn’t have held up in court. Councilman Plata related that he spoke with the Attorney General, who told him they could go into Executive Session any time a person’s job was on the line. City Attorney Schenk explained if Paris was a city with an ordinary Charter provision, that would be the case, but the City of Paris Charter provision is different. He indicated that the only employee matter that could be discussed in Executive Session was one involving litigation, and then, they could discuss the Regular City Council Meeting February 9, 2004 Page 23 legal implications of that issue. Mayor Fendley asked if an appeal could be made to the Attorney General. City Attorney Schenk thought the answer would be that we already have an outstanding court opinion. He thought the best way to address the issue would be to effect a Charter change, so it will state that the City would abide by the Open Meetings Act. City Manager Malone reminded everyone there was an election on that issue and it failed. Councilman Bell asked if it was too late to put Charter issues on the ballot for the May election. City Attorney Schenk indicated it was too late. Councilwoman Neeley said the City did have an election on the issue and it was voted down. Councilman Bell remembered there were several issues on the Charter that failed during that election. He asked if the Charter was written in 1948. City Manager Malone said it was written in 1948 by a committee with Hardy Moore as the attorney. City Attorney Schenk observed that makes the City Charter pre- date the Open Meetings Act by twenty (20) years. Mayor Fendley reminded the Council the drafts of the new Evaluation forms would be gotten out so everyone can look at them. He continued, once they have been examined, if there is something which needs to be changed, they will have another meeting. He asked if a resolution would have to be passed to adopt the Evaluation Forms. City Attorney Schenk answered in the affirmative and mentioned that it could done at the same meeting as the evaluations were presented, prior to the presentation. Councilwoman Neeley wanted the time line clarified for verifying the drafts and presenting the evaluations. Mayor Fendley said the forms would be drafted and gotten out, make any corrections, pass the resolution at the next meeting and bring the completed evaluations in March. Councilwoman Neeley reminded the Council members if they wanted their form included in the Evaluation, they must be present at the meeting. Regular City Council Meeting February 9, 2004 Page 24 Councilman Plata asked if they were going to average the scores. Mayor Fendley didn’t care either way. City Attorney Schenk said some people looked at that and some did not. Councilman Bell asked for the date for the March meeting which was Monday, th March 8. Mayor Pro Tem McCarthy asked if the City could request the Attorney General’s opinion. City Attorney Schenk indicated that only a member of the legislature or a county attorney could request a formal opinion and it would probably take a very long time to get an opinion. Councilwoman Neeley suggested asking Mark Homer to get an opinion. Mayor Fendley thought that would be worthwhile. City Attorney Schenk reiterated that the best solution would be to change the Charter. Mayor Fendley stated if the Council wished, he would approach Mark Homer. Councilman Bell said because the charter was written 20 years be for the law, therefore the law should override the Charter. He felt this could be a legal approach for getting an opinion. Mayor Fendley said he and City Attorney Schenk would get with Mark Homer. On the matter of the Paperless Agenda, several members of the Council said either their laptops had crashed or they were having problems with them. Councilman Bell suggested leaving them plugged in all the time, because he hasn’t had any problems and that’s what he did. City Attorney Schenk presented a memo prepared by his staff about the pros and cons of the paperless agenda versus the paper agenda packet. He thought that it was not cost effective to do both and it was also labor intensive. Lisa Wright came forward and explained that the $40,000 investment in the paperless agenda included not only the laptops, but the software, the CD Burner, and other necessary equipment. She said the laptops had been in use about four years and the cost was about $1,500 per laptop, with nine laptops in use. She Regular City Council Meeting February 9, 2004 Page 25 indicated they had backup battery replacements for those who needed them. It was suggested that the laptops be replaced only if they go down. Councilwoman Neeley asked if they did revert back to the paper agenda, would the agenda still be on the Website. Ms. Wright said that would be up to the Council, whether they had just the agenda on the Website or the whole agenda packet. City Attorney Schenk mentioned that the State required them to put just the agenda on the Website. Mayor Fendley said he was content to leave it as is. City Attorney Schenk asked everyone to review the memo and discuss it later. Councilman Bell said he felt like the entire packet agenda needed to stay on the website, because that is providing information to the public, which is important. He said Laserfiche, the company that developed this system, has a new way of doing this without CD’s through e-mails. Councilman Bell indicated whether it was paperless or not, the information needs to get out; although, they were not really paperless as of yet. Mayor Fendley said if anyone has a computer problem, they need to get it serviced and if that doesn’t help, then the issue will be addressed again. Gene Anderson came forward to give a staff report on the Finance Office. Some accomplishments he mentioned for 2003 were updating investment policy, receiving the GFOA Award for Annual Financial Award, and converting City records to meet GASB 34 reporting requirements. He said they also implemented the new water rates this past summer to help start reducing the deficit in that fund. He said two bond issues were refunded at a savings of $505,340.00. The City’s overtime practices were successfully defended before the Department of Labor. A new Janitorial Contract was bid out, covering more square footage for the same price. His office evaluated and revised proposed changes to the Police Pay Plan and prepared and mailed RFP’s for medical, life, dental, vision and disability insurance, which should be ready for the March agenda. A part time Personnel Officer, Melba Harris, was hired. She has begun revising policies and procedures and is also working on a new employee manual and updates to job descriptions. He also related that not only did they manage the financial operations of the City, but advised other departments, as well, Regular City Council Meeting February 9, 2004 Page 26 regarding financial matters. His office performed very labor intensive Open Records request and represented the City’s interest with the CAPP Board. Mr. Anderson indicated the Finance Department goals for 2004 included a new employee insurance plan, a meaningful salary and benefit study, updating the employee policy manual and job descriptions, improving hiring procedures and employee retention and offering a new 457 Deferred Compensation Plan. He said they also plan to prepare a new depository bid, update the Water and Sewer Rate Study, which is a condition of the New Campbell Soup Contract, again achieve the GFOA Financial Reporting Award under their new accounting standards and improve relations with citizens, the Council and the Press. Councilman Weekly asked how long the contract with Campbell Soup had been completed. Mr. Schenk said it was finished in October, and they were hoping to hear from Campbell Soup in the near future. Mayor Fendley asked if the winter averaging on the Water Rate Study was the fairest way to do things. Mr. Anderson said that would be looked at during the study. Councilman Bell asked if the Winter Average was taken from November through February. Mr. Anderson said it was. He said a lot of the winter averaging problems involved known leaks and problems have been taken care of. Karl Louis, Chief of Police, came forward to give a staff report on the Police Department. He introduced Sergeant Jeff Jones, Corporal Dale Wood, and Patrolman Tommy Brandenburg, latest recipients of the Paris Police Department Medal of Valor. He indicated although the incident happened in 2002, they couldn’t give the award until pending litigation was over. He continued these three aided fellow officer Joe Gordon who was fighting with a suspect over a loaded gun on the east side of the Police Station, while under fire . He presented them with the awards. Chief Louis related that the most important resource of the Police Department is the personnel. He stated there was a 9.5 % reduction in violent crime in the past year. He also said there were 404 less violent and property crimes, along Regular City Council Meeting February 9, 2004 Page 27 with 139 less assaults, 107 less burglaries and 189 less thefts. He thought that part of this reduction is due to the implementation of 12 hour shifts. He also thought different agencies working together, such as the Narcotics Division, Drug Task Force and DPS has also helped. He felt the hard work of the officers out on the street every day was a major contributing factor. He related that work has begun on the new Law Enforcement Facility, which should be completed within the next year. He commended Mike Alexander, City of Paris Code Enforcement Officer, for the outstanding job he has done with the help of the prisoners. He said implementing the 12 hours shifts and the new pay plan to increase officer pay has helped in officer retention. He said coordination with drug enforcement has been very successful. Out of seventeen defendants in the last Federal Drug Task Force roundup, sixteen have already pled guilty. He felt this will continue the trend in the decrease in violent crimes. Chief Louis said the new Animal Control Facility was finished and opened up. For the next year, he said the Department planned to update standard operating procedures and security measures and will review crime statistics for analysis to better prevent crime. Chief Louis had mentioned that Violent Crimes Against Women was up and Councilwoman Neeley asked for his opinion as to why this was up. Chief Louis stated he felt that reporting the crimes has become easier, as well as the fact that there are now full time people set aside to investigate those crimes. Councilman Weekly asked what age were most perpetrators of drug crimes. Chief Louis indicated that drug crimes ran the gamut from young to old, but that most of them were 15 to 28 years of age. Mayor Fendley asked for referrals which would include the two items carried Regular City Council Meeting February 9, 2004 Page 28 over from the Planning and Zoning meeting for rezoning. Councilman Bell said he realized they couldn’t reschedule the zoning issues because of the requirement to notify everyone. He wondered if it was possible in the initial notification to set a date for a public hearing and an alternate date, so that wouldn’t happen again. City Attorney Schenk said he would look into it, but would be hesitant to do that because the nature of the statute with the regard of the notice that has to be provided. Councilman Bell felt like this delay is economically hurting some people. Mayor Fendley said the problem with that would be that they wouldn’t know what date to set up because there might not be a quorum again. Councilman Bell suggested that the alternate date be an hour before the Thursday Council meeting. Mayor Fendley said they probably wouldn’t have had a quorum on Thursday either, because they tried to set the meeting for Friday and could not get a quorum. He indicated this is the second time this has happened, so it was not a general rule. Mayor Fendley indicated if it got to be a problem, then they would need to get someone on the Commission that could show up. There being no further business, the meeting adjourned. _________________________________ CURTIS FENDLEY, MAYOR ATTEST: ____________________________________ SHERIAN DIXON, ACTING CITY CLERK Regular City Council Meeting February 9, 2004 Page 29