01/2011123"1
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
January 13, 201.1
The City Council of the City of Paris met for a special session at 5:30 p.m. on Thursday,
January 13, 2011, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor: Will Biard
Council Members: Joe McCarthy; Jason Rogers; John Wright; Stephen
Brown; Edwin Pickle; and Rhonda Rogers
City Staff. Gene Anderson, Interim City Manager/Finance
Director; Kent McIlyar, City Attorney; Janice Ellis,
City Clerk; Bob Hundley, Police Chief; Priscilla
McAnally, Library Director; and Steve McFadden,
Interim Public Works Director
Opening Agenda
1. Call meeting to order.
Mayor Biard called the meeting to order at 5:30 p.m.
2. Invocation.
Reverend James Price gave the invocation.
3. Pledge of Allegiance.
Council Member Edwin Pickle led the pledge.
4. Citizens' forum.
Robert Brunson, 2598 Clark Lane — he spoke in opposition of privatization of residential
trash.
Paul Prentice, 3810 Sage Trail — he said that Bowie County had contracted with Waste
Management and did not have good results. He asked Council to proceed with caution on the
privatization of trash services.
Reverend James Price, 1230 Shiloh — he invited everyone to the Martin Luther King Day
Parade on Saturday, January 15`h beginning at 1.1:00 a.m.
1238
Special Council Meeting
January 13, 2011
Page 2
Bruce Carr, 545 -42nd Street S.E. — he spoke in support of privatizing residential trash
services, citing it was an opportunity to sell the equipment for a substantial amount of money.
He also said it was an opportunity to reduce expenses and would be a savings for the community.
Mary Ferguson, 725 Jackson Street —
privatization.
Consent Agenda
she spoke in opposition of residential trash
Mayor Biard inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. Mayor Biard pulled the minutes from the December 20, 2010
council meeting, because they were not included in the agenda packet.
A Motion to approve the Consent Agenda was made by Council Member McCarthy and
seconded by Council Member Brown. The Council voted seven (7) for and none (0) opposed to
approve and adopt Consent Agenda Items 5 & 6.
5. Deliberate and act on the approval of minutes from the meeting on December 13, 2010.
6. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Paris Historic Preservation Commission minutes (11 -22 -2010)
b. Planning and Zoning Commission minutes (10 -4 -2010; 12 -6 -2010)
7. Deliberate on November monthly financial report.
8. Deliberate and possibly act on RESOLUTION NO. 2011 -001: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AFFIRMING THAT THE
CITY OF PARIS HAS COMPLIED WITH THE REQUIREMENTS OF THE PUBLIC
FUNDS INVESTMENT ACT; AMENDING THE CITY'S INVESTMENT POLICY;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING AN EFFECTIVE DATE.
Regular Agenda
9. Deliberate and possibly act on RESOLUTION NO. 2011 -002: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING A
DONATION AND MAINTENANCE AGREEMENT WITH LOUISE W. HAGOOD
FOR THE INSTALLATION OF A VERDIN CLOCK AT THE SOUTHEAST CORNER
OF THE DOWNTOWN PLAZA; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
Special Council Meeting,-, , ,
January 13, 2011`" �'
Page 3
Council Member Rhonda Rogers referred to page four of the agreement and said that she
did not think that Mrs. Hagood should have to pay for any permit fees, since she was donating
the clock.
Subject to deletion of payment for permit fees, a Motion to approve the agreement was
made by Council Member Rhonda Rogers and seconded by Council Member Brown. Motion
carried, 7 ayes — 0 nays.
10. Deliberate and possibly act on a RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING A PROPOSAL FOR
THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AN OUTSIDE
CONSULTANT FOR REDISTRICTING ANALYSIS AND SERVICES IN
ACCORDANCE WITH 2010 CENSUS DATE ISSUED BY THE UNITED STATES
CENSUS BUREAU AND STATE AND FEDERAL LAW AND SECTION 8 OF THE
CITY CHARTER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND PROVIDING AN EFpECTIVE DATE.
Mayor Biard said that he did speak with Judge Superville, as well as Allison and Bass.
Mayor Biard also said that the City could join in with the County for services to be provided by
Allison and Bass. Council Member McCarthy said his recollection of the last redistricting
process was that staff had problems with Allison and Bass. Council Member Rhonda Rogers
said that she had spoken with Dr. Anglin, who expressed that they select a firm that will
correctly perform the needed services. Council Member Rhonda Rogers stated that PJC and
PISD were fine with contracting with Gwinn and Morrison. Council Member Wright said his
view differed, in that the County was bigger and if they used the same firm it would decrease the
City's costs. Council Member McCarthy said the last time Allison and Bass rendered services to
the City, that the legal department ultimately ended up doing most of the work that was to be
completed by the firm. He said that he would like more research with regard to the last
redistricting process performed on behalf of the City. Council Member Brown said he would like
research done on both firms. It was a consensus of the City Council to bring this item back for
consideration at the first meeting in March.
11. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE
DIRECTOR OF FINANCE TO TRANSFER THE HUMAN RESOURCES POSITION
TO THE FINANCE /PERSONNEL DEPARTMENT; TRANSFER UNENCUMBERED
APPROPRIATION BALANCES FROM THE CITY MANAGER DEPARTMENT TO
THE FINANCE /PERSONNEL DEPARTMENT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE,
A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Biard said that he had asked Gene Anderson to bring this forward, because it was
discussed during the budget process.
Special Council Meeting
h 4� January 13, 2011
Page 4
Gene Anderson explained that the communications officer position requested by the City
Manager did not receive Council support, but instead it was proposed that a full -time human
resources position be created. Mr. Anderson said this position would replace the part-time
position now occupied by Melba Harris, who retired December 31, 2010. Council Members
Jason Rogers, John Wright, Steve Brown and Rhonda Rogers expressed they did not think the
Human Resources Director should report to the Finance Director, but that he or she should report
directly to the City Manager. Council Member Pickle said he did not have a problem with the
Human Resources Director reporting to the Finance Director. It was a consensus of the City
Council that the Human Resources Director report to the City Manager. No action was
necessary, because the position was already budgeted in the City Manager's budget. Council
Member Jason Rogers said he would like to review the job description for the HR Director and
Public Works Director. Mr. Anderson said he would e -mail the job descriptions to the Council.
12. Convene into Executive Session 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 conflicts with this chapter.
Mayor Biard recessed City Council at 6:23 p.m. for a brief break and then convened
Council into Executive Session at 6:29 p.m.
13. Reconvene into open session.
Mayor Biard convened City Council into open session at 6:54 p.m.
14. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS FINDING THAT PUBLIC NECESSITY AND
CONVENIENCE REQUIRE THE CITY COUNCIL TO GRANT A PRIVILEGE TO
USE THE CITY STREETS, HIGHWAYS, ALLEYS AND THROUGHFARES TO
COLLECT AND TRANSPORT SOLID WASTE FROM RESIDENTIAL ACCOUNTS
WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; AWARDING A
CONTRACT FOR THE COLLECTION AND TRANSPORTATION OF SOLID
WASTE FOR RESIDENTIAL ACCOUNTS IN THE CITY; ESTABLISHING A
STREET USE FEE; AUTHORIZING THE CITY MANAGE TO NEGOTIATE AND
PREPARE ALL NECESSARY DOCUMENTS TO EFFECTUATE THIS
ORDINANCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
There was no action taken on this item, pending the City Clerk's certification of the
initiative petition filed on January 5, 2011.
15. Consider and approve future events for City Council and /or City Staff pursuant to
Resolution No. 2004 -081.
Ak
'}w 41
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
January 24, 2411
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
January 24, 2011, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: Will Biard
Council Members: Joe McCarthy; Jason Rogers; John Wright; Stephen
Brown; Edwin Pickle; and Rhonda Rogers
City Staff Gene Anderson, Interim City Manager /Finance
Director; Kent Mcllyar, City Attorney; Janice Ellis,
City Clerk; Bob Hundley, Police Chief; Priscilla
McAnally, Library Director; Ronnie Grooms, Fire
Chief; and Steve McFadden, Interim Public Works
Director
Opening Aeenda
1. Call meeting to order.
Mayor Biard called the meeting to order at 5:32 p.m.
2. Invocation.
Pastor Van Lazaroff gave the invocation.
3. Pledge of Allegiance.
Council Member McCarthy led the pledge.
4. Citizens' forum.
Matthew Draeger — on behalf of Operation Preparing and Responding to Emergencies for
the Public, he asked that items to be donated at the citywide drop off site at Cici's on March 10
from 5:00 p.m. to 9:00 p.m.
Zachary Delagarza — on behalf of students from P.I.S.D., he and two other students spoke
about Project Paris (Preserving Our Ancestory by Researching our Irreplaceable Structures).
Regular Council Meeting
January 24, 2011
Page 2
Billy Bell, 2054 Cleveland Street — he opposed any change in term limits for City
Council. He said that the Council should let the citizens know how much money it will save to
privatize residential sanitation services.
5. Public Announcements.
a. Proclamation declaring January as Crime Stoppers Month and 2011 as Lamar
County Crime Stoppers Silver Anniversary.
Mayor Biard read the proclamation declaring January as Crime Stoppers Month and 2011
as Lamar County Crime Stoppers Silver Anniversary.
Consent Agenda
Mayor Biard inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. There were none.
A Motion to approve the Consent Agenda was made by Council Member Rhonda Rogers
and seconded by Council Member Brown. The Council voted seven (7) for and none (0) opposed
to approve and adopt Consent Agenda Items 6, 7, 8 & 9.
6. Deliberate and act on the approval of minutes from the meetings on December 20, 2010
and January 10, 2011.
7. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Paris Economic Development Corporation minutes (12 -14 -2010)
8. Deliberate on December monthly financial report.
9. Deliberate on drainage ditch maintenance report.
Regular Agenda
A Motion to move items 19 and 20 forward was made by Council Member Pickle and
seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays.
19. Convene into Executive Session pursuant to Section 551.071 of the Texas Government
Code, Consultation with Attorney, to receive legal advice 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 conflicts
with this chapter.
Mayor Biard recessed City Council into Executive Session at 5:43 p.m.
Regular Council Meeting i
January 24, 2011
Page 3
20. Reconvene into open session.
Mayor Biard convened City Council into open session at 6:03 p.m.
A Motion to item 14 forward was made by Council Member Rhonda Rogers and
seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays.
v
14. Deliberate and act on RESOLUTION NO. 2011-005: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID FOR CITY
DEPOSITORY FOR THE PERIOD BEGINNING MARCH 1, 2011 AND ENDING
FEBRUARY 8,2013; AUTHORIZING THE EXECUTION OF A CONTRACT UPON
THE TERMS AND CONDITIONS SET OUT IN THE INSTITUTION'S BID;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Brown. Motion carried, 7 ayes — 0 nays.
10. Deliberate and possibly act on ORDINANCE NO. 2011 -001: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SEC. 26 -1
COMPOSITION OF DEPARTMENT, OF CHAPTER 26, POLICE, OF THE CITY OF
PARIS CODE OF ORDINANCES BY REVISING SECTION 26 -1 OF SAID CODE TO
AUTHORIZE THE STAFFING LEVELS OF THE POLICE DEPARTMENT;
PROVIDING A REPEALERS CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE; AND DECLARING AN EFFECTIVE DATE.
A Motion to invoke the super majority rule was made by Council Member Pickle and
seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes — 0 nays.
As explained in Chief Hundley's information sheet, this will change the staring position
of the Police Department from 11 to 9 sergeant positions and from 42 to 44 police officers.
A Motion to approve this item was made by Council Member McCarthy and seconded by
Council Member Jason Rogers. Motion carried, 7 ayes — 0 nays.
11. Deliberate and possibly act on RESOLUTION NO. 2011 -003: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE
REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, TEXAS, TO BE
HELD ON THE SECOND SATURDAY IN MAY 2011, SAME BEING THE le DAY
OF MAY 2011, FOR THE PURPOSE OF ELECTING MEMBERS OF THE PARIS
CITY COUNCIL IN DISTRICTS 4, 5 & 7 FOR THE ENSUING TWO YEARS;
DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE
GIVEN; AND DECLARING AN EFFECTIVE DATE.
Regular Council Meeting
January 24, 2011
Page 4
A Motion to approve this item was made by Council Member McCarthy and seconded by
Council Member Wright. Motion carried, 7 ayes - 0 nays.
12. Deliberate and act on RESOLUTION NO. 2011 -004: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING
THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PARIS AND THE
LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE,
SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE
GENERAL ELECTION FOR MAY 14, 2011, FOR THE CITY OF PARIS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
As explained in the City Clerk's information sheet, the estimated cost for the general
election is $8,717.38.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Brown. Motion carried, 7 ayes - 0 nays.
13. Receive and deliberate on report of the City Clerk regarding the Initiative Petition
Prohibiting Privatization of the collection, handling, and disposition of residential
garbage, trash, and rubbish, and providing for the method of fixing charges for such
service.
City Clerk Janice Ellis told City Council that upon receiving the initiative petition, she
spent several days reviewing it and that she reviewed a total of 338 names. She also said in order
to bring this issue to an election, that the petition required signatures of 370 qualified voters. Ms.
Ellis said the petition contained a total of 320 qualified voters, so she issued a certificate of
insufficiency. She stated that she had sent a formal letter of notification to the petitioners earlier
in the day. Mayor Biard asked the City Clerk if she had contacted the petitioners. Ms. Ellis said
that she had contacted Mr. Thompson on Friday, January 21'. Mayor Biard confirmed that they
had ten days from January 24a' to amend or supplement the petition.
15. Deliberate and act on RESOLUTION NO. 2011-006: A RESOLUTION OF THE CITY
OF PARIS, TEXAS, SUSPENDING THE FEBRUARY 14, 2011, EFFECTIVE DATE
OF ONCOR ELECTRIC DELIVERY COMPANY'S REQUESTED RATE CHANGE
TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH
REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING
COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND
CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND
DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED 1S OPEN TO THE PUBLIC
AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE.
Regular Council Meeting
January 24, 2011 f 24
Page 5
A Motion to approve this item was made by Council Member McCarthy and seconded by
Council Member Pickle. Motion carried, 7 ayes - 0 nays.
16. Discuss and deliberate on proposed amendment of the City of Paris Personnel Policy to
include a new zero tolerance policy regarding racial harassment in the work place.
Council Member Jason Rogers said he had reviewed the city policy and he wanted
stronger language. He said he thought it was very much needed and that it would benefit
everyone by taking a zero tolerance stance against racism. Council Member Jason Rogers said
he would like the policy to include the discipline to include a minimum of three weeks
suspension without pay and/or immediate termination as outlined in his proposed wording for an
ordinance. Mayor Biard said he did not think it was zero tolerance as written citing the language
"conduct is presumed to be offensive." Council Member Pickle asked that sexual harassment be
included. Gene Anderson said he would like to study what some of the other cities were doing.
Mr. Anderson expressed a concern about a mandatory three weeks, because he said it would be
almost 6% of the annual salary of an employee making $25,000. He also said he would like to
see if other cities were using progressive discipline. Mr. Anderson said that they certainly did
not want to tolerate this type of behavior, but would like to be consistent with the other policies.
He asked Council to give staff a couple of council meetings in order to have time to research
other cities and to bring a draft to Council. City Attorney Kent McIlyar said he wanted to make
sure that they include the proper due process, such as reporting incidents and investigating
incidences. Mr. Mcllyar said any employee that loses salary under the existing policy is entitled
to an appeal. Council Member McCarthy said this was going to take a lot of time and suggested
that it be reviewed in depth. It was a consensus of Council to allow time for research and to
bring this item back at a future meeting.
17. Deliberate and act on a salary supplement for the Finance Director for his additional
duties as Interim City Manager.
Mayor Biard said that he requested this item, because Gene Anderson had taken on
additional duties as Interim City Manager. Mayor Biard proposed a supplement of $1,250.00 per
month to be retroactive to January 1, 2011.
A Motion to approve the recommendation of $1,250.00 per month with a retroactive date
of January 1, 2011, was made by Council Member Jason Rogers and seconded by Council
Member Pickle. Motion carried, 7 ayes - 0 nays.
18. Deliberate on calling a special election to amend the City Charter to provide for revised
term limits for City Council Members.
Mayor Biard said that Council Member Rhonda Rogers had asked to bring this item
forward for consideration. He said council term limits continue to be a topic of discussion at
meetings when continuity and visions for the future of Paris are discussed. Mayor Biard said
increased term limits will be helpful in both of the areas. He said if Council wanted this to be
considered at the May election, they will need to have the language approved at the next
=: Regular Council Meeting
1246 January 24, 2011
Page 6
meeting. Council discussed the possibility of three consecutive two year terms and three
consecutive three year terms. Council Member Wright said he would like to look at a couple of
other Charter changes. Mayor Biard said they could only have a Charter Election every .two
years. Mayor Biard said they have to have the actual wording at their February le meeting.
Council Member Rhonda Rogers said the reason she wanted to look at the term limits at this
time, was because of the upcoming redistricting process. Council Member Brown said he would
like to explore the possibility of electing a mayor at large. Mayor Biard said that they would
probably not get DOJ preclearance for electing a mayor at- large, because it would dilute the
ability of a minority to get elected as mayor in the future. Council Member Pickle said they may
want to place some other items on the ballot for Charter amendments. He said over the years,
they had discussed extending the term of selection of an accounting firm to perform the audit, so
that it did not have to be bid on an annual basis. He also said they had discussed extending the
terms of taxicab franchises and deleting three readings. City Attorney Kent McIlyar said that the
City Charter required three readings on all franchise ordinances. Mr. McIlyar said he thought
that the drafters of the Charter were thinking of utilities when they created the franchise
provision. He said that the City Charter also addresses the granting of privileges to businesses
that use the public streets, highways, alleys, and thoroughfares, and that taxicabs could fall into
that category. Mr. McIlyar said that for many years the City had been granting franchise
ordinances to taxicab companies and we had stayed with that process. He said that he was going
to review them for consideration of being a privilege. Council Member Rhonda Rogers inquired
if they could make the taxi cabs a multi-year agreement, so they did not come up but once every
three years. Mayor Biard said he thought they could do that without a Charter amendment.
Mayor Biard said if the Charter required that taxicab franchises were limited to one year, then
they could look at extending the taxicab franchises. Council Member Pickle also asked that the
accounting audit be reviewed to determine if it could be bid out for a longer term instead of
annually. Mr. Anderson said that some cities allow multi -year contracts. Council Member
Wright said they should take more time to review other possible amendments to the Charter.
Council Members McCarthy, Pickle and Rhonda Rogers said they did not have more time,
because the election needs to be called at the next meeting.
With regard to the term limits, Council Member Brown said he thought every member of
the current Council should be excluded. Mayor Biard and Council Member Pickle agreed.
Council Member McCarthy said he thought that Jason Rogers and John Wright should not be
excluded to running for three terms, because both just came on the Council. They also discussed
whether or not to allow Council Members Edwin Pickle and Rhonda Rogers to run for a third
term, because neither will incur their two year term limit this May.
It was a consensus of the City Council to propose a Charter amendment to change the
term limits from two consecutive two year terms to three consecutive two year terms for Council
Members. It was also a consensus of the City Council to allow all current Council Members to
run for a third term, with the exception of Mayor Biard and Council Member Brown, because
they will be term limited this May under the current Charter provision.
19. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004 -081.
Regular Council Meeting
January 24, 2011
Page 7
Council Member McCarthy asked that the Council consider approving his and Council
Member Jason Rogers becoming members of the Texas Association of Black City Council
Members. He stated the cost would be $65.00 a year. It was a consensus of Council to approve
this item.
Council Member Jason Rogers said he would like to attend a conference in June and will
bring back the information.
Council Member McCarthy asked Sally Wright to come forward. Ms. Wright informed
Council that Crime Stoppers Live at Five would be celebrating the 251h Anniversary for Lamar
County Crime Stoppers at 5:00 on Thursday and the new YWCA Building.
Mayor Biard invited everyone to the dedication of the Paris Clock to take place on
Sunday, January 30`h at 2:00 p.m. at the downtown plaza.
20. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Pickle and was seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays. The
meeting was adjourned at 7:08 p.m.
4BIAOD. AYOR
NICE ELLIS, CITY CLERK
X247
i J,263
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
January 24, 2011
The City Council of the City of Paris met for _ n Monday,
January 24, 2011, at the City Council Chamber, 107 E.
Present: Mayor: Will Biard
Council Members: Joe McCarthy, ohn Wright; Stephen
Brown; Edwin ;and Rhonda Rogers
City Staff: Gene Anderson, Interim City Manager/Finance
Director; Kent Mcllyar, City Attorney; Janice Ellis,
City Clerk; Bob Hundley, Police Chief; Priscilla
McAnally, Library Director; Ronnie Grooms, Fire
Chief; and Steve McFadden, Interim Public Works
Director
Opening A=da
1. Call meeting to order.
Mayor Biard called the meeting to order at 5:32 p.m.
2. Invocation.
Pastor Van Lazaroff gave the invocation.
3. Pledge of Allegiance.
Council Member McCarthy led the pledge.
4. Citizens' forum.
Matthew Draeger — on behalf of Operation Preparing and Responding to Emergencies for
the Public, he asked that items to be donated at the citywide drop off site at Cici's on March 10
from 5:00 p.m. to 9:00 p.m.
Zachary Delagarza — on behalf of students from P.l.S.D., he and two other students spoke
about Project Paris (Preserving Our Ancestory by Researching our Irreplaceable Structures).
Regular Council Meeting
6 4 January 24, 2011
U Page 2
Billy Bell, 2054 Cleveland Street — he opposed any change in term limits for City
Council. He said that the Council should let the citizens know how much money it will save to
privatize residential sanitation services.
5. Public Announcements.
a. Proclamation declaring January as Crime Stoppers Month and 2011 as Lamar
County Crime Stoppers Silver Anniversary.
Mayor Biard read the proclamation declaring January as Crime Stoppers Month and 2011
as Lamar County Crime Stoppers Silver Anniversary.
Consent Agenda
Mayor Biard inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. There were none.
A Motion to approve the Consent Agenda was made by Council Member Rhonda Rogers
and seconded by Council Member Brown. The Council voted seven (7) for and none (0) opposed
to approve and adopt Consent Agenda Items 6, 7, 8 & 9.
6. Deliberate and act on the approval of minutes from the meetings on December 20, 2010
and January 10, 2011.
7. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Paris Economic Development Corporation minutes (12 -14 -2010)
8. Deliberate on December monthly financial report.
9. Deliberate on drainage ditch maintenance report.
Regular Agenda
A Motion to move items 19 and 20 forward was made by Council Member Pickle and
seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays.
19. Convene into Executive Session pursuant to Section 551.071 of the Texas Government
Code, Consultation with Attorney, to receive legal advice 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 conflicts
with this chapter.
Mayor Biard recessed City Council into Executive Session at 5:43 p.m.
Regular Council Meeting
January 24, 2011
Page 3
20. Reconvene into open session.
Mayor Biard convened City Council into open session at 6:03 p.m.
A Motion to item 14 forward was made by Council Member Rhonda Rogers and
seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays.
14. Deliberate and act on RESOLUTION NO. 2011 -005: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID FOR CITY
DEPOSITORY FOR THE PERIOD BEGINNING MARCH 1, 2011 AND ENDING
FEBRUARY 8,2013; AUTHORIZING THE EXECUTION OF A CONTRACT UPON
THE TERMS AND CONDITIONS SET OUT IN THE INSTITUTION'S BID;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Brown. Motion carried, 7 ayes — 0 nays.
10. Deliberate and possibly act on ORDINANCE NO. 2011 -001: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SEC. 26 -1
COMPOSITION OF DEPARTMENT, OF CHAPTER 26, POLICE, OF THE CITY OF
PARIS CODE OF ORDINANCES BY REVISING SECTION 26 -1 OF SAID CODE TO
AUTHORIZE THE STAFFING LEVELS OF THE POLICE DEPARTMENT;
PROVIDING A REPEALERS CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE; AND DECLARING AN EFFECTIVE DATE.
A Motion to invoke the super majority rule was made by Council Member Pickle and
seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes — 0 nays.
As explained in Chief Hundley's information sheet, this will change the staffing position
of the Police Department from I 1 to 9 sergeant positions and from 42 to 44 police officers.
A Motion to approve this item was made by Council Member McCarthy and seconded by
Council Member Jason Rogers. Motion carried, 7 ayes -- 0 nays.
11. Deliberate and possibly act on RESOLUTION NO. 2011-003: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE
REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, TEXAS, TO BE
HELD ON THE SECOND SATURDAY IN MAY 2011, SAME BEING THE 14TH DAY
OF MAY 2011, FOR THE PURPOSE OF ELECTING MEMBERS OF THE PARIS
CITY COUNCIL IN DISTRICTS 4, 5 & 7 FOR THE ENSUING TWO YEARS;
DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE
GIVEN; AND DECLARING AN EFFECTIVE DATE.
1265
Regular Council Meeting
1:266 January 24, 2011
Page 4
A Motion to approve this item was made by Council Member McCarthy and seconded by
Council Member Wright. Motion carried, 7 ayes — 0 nays.
12. Deliberate and act on RESOLUTION NO. 2011 -004: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING
THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PARIS AND THE
LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE,
SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE
GENERAL ELECTION FOR MAY 14, 2011, FOR THE CITY OF PARIS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
As explained in the City Clerk's information sheet, the estimated cost for the general
election is $8,717.38.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Brown. Motion carried, 7 ayes - 0 nays.
13. Receive and deliberate on report of the City Clerk regarding the Initiative Petition
Prohibiting Privatization of the collection, handling, and disposition of residential
garbage, trash, and rubbish, and providing for the method of fixing charges for such
service.
City Clerk Janice Ellis told City Council that upon receiving the initiative petition, she
spent several days reviewing it and that she reviewed a total of 338 names. She also said in order
to bring this issue to an election, that the petition required signatures of 370 qualified voters. Ms.
Ellis said the petition contained a total of 320 qualified voters, so she issued a certificate of
insufficiency. She stated that she had sent a formal letter of notification to the petitioners earlier
in the day. Mayor Biard asked the City Clerk if she had contacted the petitioners. Ms. Ellis said
that she had contacted Mr. Thompson on Friday, January 21 ". Mayor Biard confirmed that they
had ten days from January 24th to amend or supplement the petition.
15. Deliberate and act on RESOLUTION NO. 2011-006: A RESOLUTION OF THE CITY
OF PARIS, TEXAS, SUSPENDING THE FEBRUARY 14, 2011, EFFECTIVE DATE
OF ONCOR ELECTRIC DELIVERY COMPANY'S REQUESTED RATE CHANGE
TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH
REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING
COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND
CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND
DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC
AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE.
Regular Council Meeting
January 24, 2011 ? j 2
Page 5
A Motion to approve this item was made by Council Member McCarthy and seconded by
Council Member Pickle. Motion carried, 7 ayes — 0 nays.
16. Discuss and deliberate on proposed amendment of the City of Paris Personnel Policy to
include a new zero tolerance policy regarding racial harassment in the work place.
Council Member Jason Rogers said he had reviewed the city policy and he wanted
stronger language. He said he thought it was very much needed and that it would benefit
everyone by taking a zero tolerance stance against racism. Council Member Jason Rogers said
he would like the policy to include the discipline to include a minimum of three weeks
suspension without pay and/or immediate termination as outlined in his proposed wording for an
ordinance. Mayor Biard said he did not think it was zero tolerance as written citing the language
"conduct is presumed to be offensive." Council Member Pickle asked that sexual harassment be
included. Gene Anderson said he would like to study what some of the other cities were doing.
Mr. Anderson expressed a concern about a mandatory three weeks, because he said it would be
almost 6% of the annual salary of an employee making $25,000. He also said he would like to
see if other cities were using progressive discipline. Mr. Anderson said that they certainly did
not want to tolerate this type of behavior, but would like to be consistent with the other policies.
He asked Council to give staff a couple of council meetings in order to have time to research
other cities and to bring a draft to Council. City Attorney Kent McIlyar said he wanted to make
sure that they include the proper due process, such as reporting incidents and investigating
incidences. Mr. Mcllyar said any employee that loses salary under the existing policy is entitled
to an appeal. Council Member McCarthy said this was going to take a lot of time and suggested
that it be reviewed in depth. It was a consensus of Council to allow time for research and to
bring this item back at a future meeting.
17. Deliberate and act on a salary supplement for the Finance Director for his additional
duties as Interim City Manager.
Mayor Biard said that he requested this item, because Gene Anderson had taken on
additional duties as Interim City Manager. Mayor Biard proposed a supplement of $1,250.00 per
month to be retroactive to January 1, 2011.
A Motion to approve the recommendation of $1,250.00 per month with a retroactive date
of January 1, 2011, was made by Council Member Jason Rogers and seconded by Council
Member Pickle. Motion carried, 7 ayes — 0 nays.
18. Deliberate on calling a special election to amend the City Charter to provide for revised
term limits for City Council Members.
Mayor Biard said that Council Member Rhonda Rogers had asked to bring this item
forward for consideration. He said council term limits continue to be a topic of discussion at
meetings when continuity and visions for the future of Paris are discussed. Mayor Biard said
increased term limits will be helpful in both of the areas. He said if Council wanted this to be
considered at the May election, they will need to have the language approved at the next