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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 Regular Council Meeting June 9, 2014 Page 2 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. Regular Council Meeting June 9, 2014 Page 3 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. Regular Council Meeting June 9, 2014 Page 4 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. Regular Council Meeting June 9, 2014 Page 5 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. Regular Council Meeting June 9, 2014 Page 6 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. Regular Council Meeting June 9, 2014 Page 7 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 Regular Council Meeting June 9, 2014 Page 8 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