06/09/2014MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
June 9, 2014
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
June 9, 2014, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor Pro -Tem Richard Grossnickle
Council Members: Aaron Jenkins; Billie Lancaster; Benny Plata;
Edwin Pickle; and A.J. Hashmi
City Staff. John Godwin, City Manager; Kent McIlyar, City
Attorney; Janice Ellis, City Clerk; Gene Anderson,
Finance Director; Shawn Napier, City Engineer;
and Doug Harris, Utilities Director
Absent: Mayor: Matt Frierson
Opening Agenda
1. Call meeting to order.
Mayor Pro -Tem Grossnickle called the meeting to order at 5:30 p.m.
2. Invocation.
Reverend Slaughter gave the invocation.
3. Pledge of Allegiance.
Council Member Jenkins led the pledge.
4. a. Citizens' Forum.
Michael Glatfelter, 1345 S.E. 6th — he said he read the newspaper article about the PEDC
Investigation and a report was supposed to be submitted on May 1 and it was not. He said this is
the people's money and the people want to know what is going on.
David Nabors, 1822 E. Polk — he said he was board member for Region D Water
Planning and on behalf of Texas Farm Bureau, he asked the City Council to pass a proclamation
opposing the proposed new rule of defining waters of the United States. He said under the new
rules, run -off water would have to be trapped and cleaned. He asked City Council to take action
on this.
Bill Strathern, 4905 Trails End — he said the current PEDC business mode was obsolete
and that the current investigation would tell them what was broken, so they would know what to
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June 9, 2014
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fix. He informed the City Council that he had made a request to the Attorney General's office to
not allow the PEDC forensic investigation reports be revealed in executive session either by the
PEDC Board or the City Council. He said the reports should be in public.
Joan Moore, 3035 Oak Creek — she said her speaking at the Council meeting had nothing
to do with her employment, that she was speaking as a citizen. She said that she had spoken with
Mayor Frierson and Council Member Pickle in an effort to be allowed to speak at the last
meeting. She also said she was appalled at the manner in which Mrs. Clifford was treated and
that Council was more concerned about a written report than a possible FBI Investigation.
James Price, 1230 Shiloh - he said he knew workers were doing the best they could, but
there were still a lot of tree limbs down from the ice storm and he was concerned about West
Nile Virus.
Louise Moseley, 3915 Shannon Drive — she said she was appalled at how Rebecca
Clifford was treated at the last Council meeting by several Council Members. Mrs. Moseley also
said Council Member Pickle was disrespectful to the Hillcrest Addition ladies when they spoke
to him about their homes flooding. She said she wanted to know the truth of where all the PEDC
money was spent.
Jane Helberg, 4237 S.E. Loop — she asked everyone to support the Cancer Survivor Relay
for Life scheduled June 27 -28 and asked everyone to cover the town in purple on June 21.
Ray Banks, 3450 Robin Road — he congratulated Mrs. Clifford for the work she did. He
expressed concern that the City would be raising water rates for residences and citizens were told
last May their rates were not going to be increased. He said the Lamar County contract reflected
that the City would furnish to the County water at the rate of $.22 per 1,000 gallons if they drew
from the plant and if they drew from a distribution point the rate would be $.84 per 1,000
gallons. Mr. Banks said on May 9 he filed a public information request asking for the direct cost
of pumping, treating and distributing 1,000 gallons of water to a residence. He said he received a
response on May 13 that no such document existed. Mr. Banks said he calculated his water bill
per 1,000 gallons, and that his yard meter did not include sewer and did not include sanitation.
He said according to his calculation he was paying $3.39 per 1,000 gallons of water and asked
how that could happen?
Dr. Robert Moseley, 3915 Shannon Drive — he requested that the results of the PEDC
Investigation be in total public.
Janice Price, 1235 Shiloh — she said last year work was done at the Westgate apartments,
but it had grown up again between 7th and 9t11 N.W. and there were snakes in the area. She
requested that the City have the owners clean it up or that the City clean it up.
b. Proclamation proclaiming June 27 -28, 2014 as Relay for Life Days.
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After reading the proclamation, Mayor Pro -Tem Grossnickle presented the proclamation
to Eva Dickey in support of the American Cancer Society.
Consent Agenda
Mayor Pro -Tem Grossnickle reported there were not minutes for May 21 because the
meeting was cancelled, and inquired of Council Members if they wished to pull any items from
the Consent Agenda for discussion. Council Member Hashmi referenced the airport minutes and
asked Council Member Lancaster if there were any updates. Council Member Lancaster
responded that they were looking at marketing avenues. With the exception of the minutes of
May 21, a Motion to approve the consent agenda was made by Council Member Hashmi and
seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays.
5. Approve the minutes from the City Council meetings on May 19, 2014 and May 21, 2014
(special).
6. Receive reports and /or minutes from the following boards, commissions, and committees:
a. Historic Preservation Commission (4 -9 -2014)
b. Paris Public Library Advisory Board (4 -16 -2014)
c. Planning and Zoning Commission (5 -5 -2014)
d. Airport Advisory Board (4 -17 -2014)
Regular Agenda
7. Receive Paris Visitors & Convention Council and the Love Civic Center budget
presentation from Melissa Cook.
Chamber Executive Director Melissa Cook said a full report had been placed in their
packets and her presentation would hit the high points. Ms. Cook said the total direct spending
on tourism had increased 19% since 2009 and that total direct spending on tourism in Paris was
$69,700,000. She also said that there had been a 100% increase in rental income between 2011
and 2013, which was mainly due to increased rental rates. Ms. Cook pointed out that the LCC
budget had an increase in the building maintenance expense from $20,000 to $60,000, which
would allow them to begin replacing old air conditioning units. She announced that the V &CC
had formed two new committees, one was a special events committee and the other one was a
covered arena committee. Mayor Pro -Tem Grossnickle asked about the covered arena and Ms.
Cook explained it would be a multi - purpose facility that could host concerts and rodeos. Council
Member Hashmi wanted to know if the V &CC was separated from the Chamber, would the
Chamber suffer. Ms. Cook said it would take a minor hit financially, but the Chamber had been
positioning itself to be a separate entity. Council Member Pickle reviewed expenses as related to
payroll expense and wanted to know how much time Chamber employees spent on the LCC and
if there was a double dip. Ms. Cook said she was responsible for the oversight and management
and did all of the books, ran the meetings and spent a lot of time at the LCC.
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Discuss, conduct a public hearing, and act on RESOLUTION NO. 2014 -021: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, GMS APPLICATION NUMBER
2014- H2839- TX -DJ; AUTHORIZING AN INTERLOCAL AGREEMENT WITH
LAMAR COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING
SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE
EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE
AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
Chief Hundley said the US Department of Justice had made this grant available for
several years. He also said this grant would be divided equally between the Paris Police
Department and the Lamar County Sheriff's Office for a total amount of $12,833.00. Chief
Hundley reported that the police department would use their part of the money for a rescue
phone, which could be used for hostage negotiations.
Mayor Pro -Tem Grossnickle opened the public hearing and asked for anyone wishing to
speak in favor or in opposition of this item, to please come forward. Chief Hundley spoke in
support of this item. With no one else speaking, Mayor Pro -Tem Grossnickle closed the public
hearing.
A Motion to approve the item was made by Council Member Hashmi and seconded by
Council Member Pickle. Motion carried, 6 ayes — 0 nays.
9. Receive presentation on planned expansion of the Red River Valley Veterans Memorial
and provide direction to staff.
City Manager John Godwin explained that the Red River Valley Veteran's Memorial
group was requesting to lease an additional one acre to be able to expand the memorial. George
Wood and Doug Weiburg addressed the City Council. Mr. Wood said beautiful gates and a sign
had been installed at the entrance, along with several cameras inside and outside the memorial.
He said they hope to have their first life size soldier bronze statue in place in 2015, which was
made possible through a large donation. Mr. Weiberg said the statues cost between $40,000 and
$60,000 and they planned to have six statues. He said for the next section they would like to get
items such as a World War II canon, a Vietnam helicopter and a Korean version fighter jet. He
told the Council the planes would be on some type of post in the air. Mr. Weiberg also said they
would like to have a space for cremated soldiers and their spouses and maybe a water fountain.
Mayor Pro -Tem Grossnickle expressed appreciation to the gentlemen for this project saying it
was a great cause. Council Member Pickle suggested the City Attorney contact PJC about this
expansion, because they had originally donated the land. Mr. Godwin said staff needed direction
from Council. Mayor Pro -Tem Grossnickle said it was a consensus of the City Council that the
City Attorney proceed in preparing the necessary documents to move forward with this project.
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10. Discuss and act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, AMENDING SECTION 34- 22(b), WATER RATES, SECTION 34-
23(a), (b) and (c), SEWER RATE STUDY; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Finance Director Gene Anderson informed the City Council that the independent rate
consultant conducted a cost of service study each year as required due to the fact the City had
treated water contracts with four local industries. He said the study had been completed and was
an important financial tool enabling the City to maintain the financial integrity of the Water &
Sewer Fund. Mr. Anderson introduced Chris Ekrut of NewGen Strategies & Solutions, who
presented results of the study to the Council.
Mr. Ekrut said it was important for the City to abide by and provide funding in
accordance with the policy. Mr. Ekrut said the findings reflect that the current retail water and
wastewater rates were insufficient to fund the rate maintenance policy. He recommended rate
increases, which would raise the average residential customer's water bill by $5.69 per month,
and raise the average commercial user by $4.96 per month. He also said some of the industries
were using less water. Council Member Hashmi inquired as to why the City was selling water at
a lower rate to Lamar County and Mr. Anderson said they were under contract. Mayor Pro -Tern
Grossnickle asked why the City gave the industries a better deal on rates than the residents. Mr.
Anderson said that several industries were under contract and that when industry looked at
coming to Paris, they look at water costs compared to other cities. Council Member Plata asked
if Skinner had a contract with the City and Mr. Anderson answered that there was no contract
with Skinner. Council Member Pickle inquired if Daisy Dairy was at full capacity and Mr.
Anderson said they were not at their peak yet. Mayor Pro -Tem Grossnickle allowed input from
Citizen Ray Banks, at which time Mr. Banks said he got his water from the distribution point.
He said the slide showed there would be a rate increase due to the consumption decrease of
contract customers. He said the City had to build facilities and were still paying for the facilities.
Mr. Banks said contract customer rates were based on actual expenditures, while residential
customer rates were based on the budget and the staff puts the budget together. Council Member
Pickle said the City had a number they have to hit through commercial or retail and they already
had a contract with industries. He also said that other commercial rates would be increased.
Council Member Plata asked if Toco was still paying a lower sewer rate and Mr. Anderson said
they were not. Council Member Pickle said he would like to start up discussions with Reno,
because they have a water treatment plant which might help the City with infrastructure at the
airport. Council Member Hashmi expressed concern that if Reno had a problem it would result
in a problem for the City. Council Member Plata added that sufficient revenue would need to be
taken in. Council Member Lancaster said they may not need a station, as they were exploring
septic systems. Council Member Plata said he would like to review this further and suggested
tabling the item.
A Motion to table this item was made by Council Member Plata and seconded by Council
Member Pickle. Motion carried, 6 ayes — 0 nays.
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11. Ratify hiring of new public works director.
Mr. Godwin said the Public Works Director position had been vacant since January 2013
and earlier in the year the City Council instructed him to initiate hiring a new director. He
recommended the appointment of Jerry McDaniels. Council Member Hashmi expressed concern
that Mr. McDaniels' qualifications did not fit the qualifications advertised in the job description,
because it was posted that a bachelor's degree was a required qualification. He expressed further
concern in that some people might not have applied because the qualifications would have
eliminated them. Council Member Hashmi said he did not have a problem with Mr. McDaniels,
but that the job should be reported. He said he not want to encounter a problem in which the
City got in trouble for hiring someone who did not meet the qualifications as posted in the
advertisement. Council Member Pickle asked the City Attorney for his opinion. Mr. McIlyar
said he had not seen the job description, but that the City Manager did interview other applicants
who did not meet the requirements. Mr. Godwin explained it was accepted HR practice to hire
on knowledge, skills and work experience rather than education requirements. Council Member
Plata inquired of Mr. McDaniels his experience. Mr. McDaniels said he was currently serving as
the Interim Public Works Director in Greenville and had been currently serving in that position
for one year and gave the City Council his employment history, as well as a list of licenses and
certifications.
A Motion to ratify the appointment of Jerry McDaniels was made by Council Member
Pickle and seconded by Council Member Plata. Motion carried, 5 ayes — 1 nay with Council
Member Hashmi casting the dissenting vote.
12. Discuss and act on a contract with Kim Lacey to provide administrative services for the
Texas Capital Fund sidewalk replacement project.
City Engineer Shawn Napier told City Council this project was for replacement of broken
sidewalks on both sides of S. Main Street between Clarksville and Kaufman Streets, the south
side of Lamar Avenue, between First and Second Streets and the east side of NW First Street
between Bonham and Houston Streets. He said the maximum grant amount of $150,000 was
awarded to the City and required a minimum 10% match, but the City's application included a
30% match which earned the City extra points on the application. Mr. Napier said the City's
match was $45,000 with the cost of the project estimated at $195,000, which includes a contract
fee for administrative serves in the amount of $15,000.
A Motion to approve this item was made by Council Member Hashmi and seconded by
Council Member Lancaster. Motion carried, 6 ayes — 0 nays.
13. Discuss and act on a contract with Birkhoff, Hendricks & Carter to provide engineering
services for the Texas Capital Fund sidewalk replacement project.
Mr. Napier said this item was also pertaining to the sidewalk replacement project and the
contract fee for engineering services was $24,300.
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A Motion to approve this item was made by Council Member Hashmi and seconded by
Council Member Lancaster. Motion carried, 6 ayes — 0 nays.
14. Convene into Executive Session:
• Pursuant to Section 551.072 of the Texas Government Code, to deliberate the
purchase, exchange, lease, or value of real property.
• Pursuant to Section 551.071 of the Texas Government Code, Consultation with
Attorney to receive legal advice from the City Attorney about pending or
contemplated litigation and /or on matters in which the duty of an attorney to his
client under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas, clearly conflict with this chapter, as follows: Boomer Trends Magazine
vs. City of Paris.
• Pursuant to Section 551.074 of the Texas Government Code of the Texas
Government Code to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee, as
follows: city attorney.
Mayor Pro -Tem Grossnickle convened City Council into executive session at 7:35 p.m.
15. Reconvene into Open Session and possibly take action on those matters discussed in
Executive Session.
Mayor Pro -Tem Grossnickle reconvened City Council into open session at 9:03 p.m.
Mayor Pro -Tem Grossnickle said Council received an update on the Boomer Trends
lawsuit and that the City won the lawsuit. He said the Building and Standards Order of
Demolition dealing with the building at 260 S. Main stood. Mr. McIlyar added the Plaintiff had
filed a motion for new trial and the City expected a ruling within thirty days.
Mayor Pro-Tern Grossnickle said the City Attorney requested that he be recused from
representing the PEDC while the outside investigation continued. Mayor Pro -Tem Grossnickle
said Mr. McIlyar will continue to represent the City. A Motion to recuse the City Attorney
during the investigation of PEDC, was made by Council Member Hashmi and seconded by
Council Member Lancaster. Motion carried, 6 ayes — 0 nays.
16. Discuss and act on RESOLUTION NO. 2014 -022: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING A CONTRACT FOR
THE ACQUISITION OF REAL PROPERTY; TO APPROVE A CONVEYANCE OF
REAL PROPERTY TO THE TAXING UNITS IN PAYMENT OF ALL TAXES
(INCLUDING ANY DELINQUENT TAX, PENALTY AND INTEREST) ASSESSED
AGAINST THE REAL PROPERTY AS AUTHORIZED BY TEXAS PROPERTY TAX
CODE SECTION 31.061; TO APPROVE THE PRIVATE RE -SALE OF THE
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PROPERTY PURSUANT TO TEXAS PROPERTY CODE SECTION 34.05(i); AND
TO AUTHORIZE THE PURCHASE OF THE REAL PROPERTY, MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING
AN EFFECTIVE DATE.
Mr. Godwin said tax delinquent property at 19th S.W. had been identified as property that
might possibly be purchased for a good price, which could be used for a replacement of fire
station number three.
A Motion to approve this item was made by Council Member Hashmi and seconded by
Council Member Lancaster. Motion carried, 6 ayes — 0 nays.
17. Consider and approve future events for City Council and /or City Staff pursuant to
Resolution No. 2004 -081.
Mr. Godwin reminded City Council of their scheduled meeting on Thursday, June 12 at
5:30 p.m. and the tentative budget meeting scheduled for June 30 at 5:30 p.m.
18. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Pickle and was seconded by Mayor Pro -Tem Grossnickle. Motion carried, 6 ayes — 0 nays. The
meeting was adjourned at 9:07 p.m.
RI ARD GROS NICKLE, MAYOR PRO -TEM
9ZICE ELLIS, CITY CLERK