03/20111268
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
March 14, 2011
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
March 14, 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; Ronnie,
Grooms Fire Chief; Shawn Napier, City Engineer;
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 5:34 p.m.
2. Invocation.
Pastor Charlotte Coyle gave the invocation.
3. Pledge of Allegiance.
Council Member Rhonda Rogers led the pledge.
4. Citizens' forum.
Barbara Doyal, 2010 -17th S.E. — asked for the status of the drainage ditch on S.E. 17th
that runs from Lamar Avenue to Clarksville Street.
Kenneth Rogers, Pastor of St. Paul Baptist Church, 3115 Stacy Lane — asked that the
Council update the personnel policy with regard to racial discrimination.
James Price, NAACP President, 1230 Shiloh — encouraged the Council to review the
racial discrimination policy and make changes.
Regular Council Meeting
March 14, 2011
Paget 1269
Charlotte Coyle, 3090 Oak Creek — reiterated Kenneth Rogers and James Price.
Edwin Pickle — he invited everyone to attend and help with the trash off sponsored by
Keep Paris Beautiful. He said that it was scheduled for Saturday, March 25th at 7:30 a.m. in the
Home Depot parking lot.
Consent Agenda
Mayor Biard inquired of Council Members if they wished to pull any items ff6m the
Consent Agenda for discussion. There were none.
A Motion to approve the Consent Agenda was made by Council Member McCarthy and
seconded by Council Member Rhonda Rogers. The Council voted seven (7) for and none (0)
opposed to approve and adopt Consent Agenda Items 5, 6, 7 & 8.
5. Deliberate and act on the approval of minutes from the meeting on February 28, 2011.
6. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Paris Board of Adjustment minutes (11/2/2010 and 11/9/2010)
b. Airport Advisory Board minutes (1/20/2011)
c. Paris Historic Preservation Commission minutes (2/14/2011)
7. Deliberate and act on Resolutions accepting bids and awarding contracts for the purchase
of roadway materials required by the Public Works Department of the City of Paris
during the twelve month period beginning April 1, 2011, and authorizing the City
Manager to negotiate and execute all necessary documents.
RESOLUTION NO. 2011 -017: A RESOLUTION OF THE CITY COUNCIL OF THE
_ CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE
"A" (COARSE BASE) MATERIALS TO R.K. HALL IN THE AMOUNT OF $53.84
PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF
PARIS.
RESOLUTION NO. 2011 -018: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B,
GRADE 4, UNCOATED) TO SMITH BUSTER CRUSHED STONE IN THE
AMOUNT OF $19.85 PER TON, FOR USE IN THE PUBLIC WORKS
DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011 -019: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
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CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B,
GRADE 5, UNCOATED) TO RICHARD DRAKE CONSTRUCTION IN THE
AMOUNT OF $31.50 PER TON, FOR USE IN THE PUBLIC WORKS
DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011 -020: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B,
GRADE 5, COATED) TO R.K. HALL IN THE AMOUNT OF $37.50 PER TON, FOR
USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011 -021: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE
"B" (FINE BASE) MATERIALS TO R.K. HALL IN THE AMOUNT OF $46.34 PER
TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011 -022: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF CRS -2 EMULSION ASPHALT FROM
ERGON ASPHALT & EMULSIONS IN THE AMOUNT OF $2.1261 PER GALLON,
FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011 -023: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE
"D" (FINE MIX) MATERIALS TO R.K. HALL IN THE AMOUNT OF $48.47 PER
TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011 -024: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE -
CONTRACT FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (RED ROCK)
TO SMITH BUSTER CRUSHED STONE IN THE AMOUNT OF $9.85 PER TON,
FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011 -025: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (WHITE
ROCK) TO RICHARD DRAKE CONSTRUCTION IN THE AMOUNT OF $11.60 PER
TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011 -026: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF SS -1 EMULSION ASPHALT (TACK OIL)
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March 14, 2011 1
Page 4 - 1
FROM ERGON ASPHALT & EMULSIONS IN THE AMOUNT OF $2.1261 PER
GALLON, FOR USE IN THE PUBLIC WORKS DEPARTMENT.
RESOLUTION NO. 2011 -027: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF PORTLAND CEMENT CONCRETE IN THE
AMOUNT OF $79.00 PER CUBIC YARD FOR CLASS "A" (5 SACK), $84.00 PER
CUBIC YARD FOR CLASS "C" (6 SACK), $81.00 PER CUBIC YARD FOR
PORTLAND CEMENT GROUT (5 SACK), AND $86.00 PER CUBIC YARD FOR
PORTLAND CEMENT GROUT (6 SACK), FOR USE IN THE PUBLIC WORKS
DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011 -028: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF SAND TO R.K. HALL IN THE AMOUNT
OF $9.00 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE
CITY OF PARIS, TEXAS.
8. Deliberate and act on RESOLUTION NO. 2011 -029: A RESOLUTION OF THE CITY
OF PARIS, TEXAS, APPROVING THE BID AND AWARDING THE CONTRACT
FOR THE REPLACEMENT OF CONCRETE CURB & GUTTERS, DRIVEWAY
APPROACHES AND REINFORCED CONCRETE SIDEWALKS IN THE CITY OF
PARIS TO RICHARD DRAKE CONSTRUCTION, LP, THE LOWEST
RESPONSIBLE BIDDER.
Regular Asenda
9. Deliberate and act on the Final Plat of Lot 1, Block A, C.P.S. 340 Addition, located at
2902 South Church Street.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Rhonda Rogers. Motion carried, 7 ayes — 0 nays.
10. Deliberate and act on the Preliminary Plat and Final Plat of Lot 1, Block A, McCoin.
Addition CB 170A, located at 2190 South Church Street.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Wright. Motion carried, 7 ayes — 0 nays.
11. Deliberate and act on the Master Plat, Preliminary Plat, and Final Plat of Lot 1, Block A,
Loop 286 GBB Addition, located at 2015 Loop 286 N.E.
City Engineer Shawn Napier said he was pulling the final plat, because Planning and
Zoning did not approve it. City Attorney Kent McIlyar informed City Council that they needed
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Regular Council Meeting
March 14, 2011
Page 5
to take formal action on the final plat pursuant to State Law, or the final plat would be
automatically approved within 30 days of the file date.
A Motion to deny the final plat was made by Council Member McCarthy and seconded
by Council Member Wright. Motion carried, 7 ayes — 0 nays.
A Motion to approve the Master Plat and Preliminary Plat was made by Council Member
McCarthy and seconded by Council Member Rhonda Rogers.
12. Second reading, deliberate and possibly act on ORDINANCE NO. 2011 -004: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS,
AS HERETOFORE AMENDED, TO REZONE LOTS 5 & 6, BLOCK 1, SMITH'S 2ND
ADDITION OT THE CITY OF PARIS, LAMAR COUNTY, TEXAS, ALSO KNOWN
AS 165 WEST CENTER STREET, FROM LIGHT INDUSTRIAL DISTRICT (LI) TO
A PUBLIC LANDS AND INSTITUTION DISTRICT (PLI) DIRECTING A CHANGE
ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Rhonda Rogers and
seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays.
13. Second reading, deliberate and possibly act on ORDINANCE NO. 2011 -005: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SECTION 21 -7, LIMITATION ON BURIALS, OF ARTICLE I,
CHAPTER 21, OF THE CITY OF PARIS CODE OF ORDINANCES BY REVISING
SECTION 21 -7 OF SAID CODE BY REVISING THE REQUIREMENT FOR BURIAL
DEPTH TO COMPLY WITH STATE LAW; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Wright and seconded by
Council Member Pickle. Motion carried, 7 ayes — 0 nays.
14. Deliberate and possibly act on RESOLUTION NO. 2011 -030: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH A REDISTRICTING
CONSULTANT TO ANALYZE THE 2010 CENSUS DATE AND TO ASSIST THE
CITY WITH REDISTRICTING IF NECESSARY; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
A Motion to bring this item from the table was made by Council Member Rhonda Rogers
and seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays.
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March 14 ge 6 12 73
Council Member Rhonda Rogers said that PJC had entered into an agreement with Guinn
& Morrison, and that the firm had already begun work. She also said that PJC and the City had
the same boundaries. Council Member Rhonda Rogers said that PISD indicated that they wanted
to use the same firm as the City. Council. Member Wright said he had spoken with Paul Trull
and it was his understanding that PISD was going to use Allison Bass and that they were less
expensive.
A Motion to accept the proposal in the amount of $12,500 from Allison Bass was made
by Council Member Brown and seconded by Council Member Wright. Motion carried, 7 ayes —
0 nays.
15. Deliberate and possibly act on RESOLUTION NO. 2011 -032: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A CHANGE
ORDER NO. ONE TO THE CONTRACT FOR THE CONSTRUCTION OF THE
TRAIL DE PARIS EXTENSION PROJECT FROM S.E. 8TH STREET TO S.E. 12TH
STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
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. Deliberate on the hiring of a professional consultant to advise and coordinate the City's
efforts in hiring a new City Manager.
Gene Anderson asked City Council is they wanted to continue advertising the job or if
they wanted to consider using an outside consultant. Council Member Brown asked Mr.
Anderson if he had received any applications. Mr. Anderson answered in the affirmative and
said that he would be providing copies to the Council. Mr. Anderson also told Council he
welcomed their input on any changes to the job description. Council Member Wright said he
would like the job description to include pursuit of economic development. Council Member
Jason Rogers said he would like to it to include EOC experience. He also wanted to know if the
minimum qualifications could be changed to substitute education for a lesser number of years
experience. Council Member Rhonda Rogers asked that the requirement of a masters in public
administration be preferred. Mayor Biard agreed with Council Member Jason Rogers, in that the
job description be changed to include related work experience. Mayor Biard inquired Council if
they wanted to continue to advertise or hire a consultant. It was a consensus of City Council to
first review the applications being provided by Mr. Anderson. Mr. Anderson said that he would
make changes to the job description and e-mail it to Council for review and return to him with
any changes.
Mayor Biard asked for a Motion to move items 17 and 18 to the end of the Agenda. A
Motion to move items 17 and 18 to the end of the Agenda was made by Council Member
Rhonda Rogers and seconded by Council Member Jason Rogers. Motion carried, 7 ayes — 0
nays.
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19. Deliberate and provide direction to the City Manager on amending the City of Paris
Personnel Policies_ and Procedure Manual to include a new policy regarding
discrimination and/or racial harassment in the work place.
Council Member Jason Rogers said he had reviewed Gene Anderson's proposed policy
change. Council Member Jason Rogers said he would like the policy to include definitive
punishment. Council Members discussed suspension, punishment and the process for dealing
with complaints involving racial harassment and sexual harassment. It was a consensus of the
City Council that an employee who is investigated and is found to have committed harassment in
the work place, will receive three days off from work without pay for the first occurrence. If an
employee is investigated and found to have committed harassment in the work place, he or she
may be suspended or terminated for the second occurrence. It was also a consensus of the City
Council that an employee who is being investigated may be suspended with pay during the
investigation. They also agreed the employee who feels that he or she has been harassed must
file a written complaint within his or her supervisor. Once a written complaint is received by the
supervisor, the supervisor has three days to forward the complaint to the city manager and that an
investigation must be completed within thirty days of the city manager receiving the written
complaint. Mayor Biard asked Gene Anderson to make the changes discussed and bring the
amendment back to the next Council meeting.
20. First reading, deliberate and possibly act on ORDINANCE NO. 2011 -006: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 21 BY ADDING A NEW ARTICLE VII, ILLEGAL
SMOKING PRODUCTS, TO PROHIBIT THE USE, PURCHASE, POSSESSION, AND
SALE OF THE SYNTHETIC CANNABINOID KNOWN OR SOLD UNDER SUCH
NAMES AS "K -2," "K -2 SUMMET," "K -2 SEX," "GENIE," "DASCENTS," "ZOHAI,"
"SAGE," "KO KNOCK -OUT 2," "SPICE GOLD," "SPICE DIAMOND," "YUCTAN
FIRE," "SOLAR FLARE," "PEP SPICE," "FIRE N' ICE," AND "SALVIA
DIVINORUM" FOR PUBLIC HEATLH AND SAFETY PURPOSES; PROVIDING A
REPEALER CLAUSE, A SAVINGS CLAUSE; A SEVERABILITY CLAUSE; A
PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Chief Hundley said that the police department had been watching for any problems
associated with K2 since discovering that it was being sold in the community. He also said they
had been in contact with the health care community and in the last two to three months, there had
been eight to ten. adverse reactions. Chief Hundley stated that narcotics officers were seeing a
sudden and tremendous increase in the use of synthetic cannabinoids on the streets in Paris.
A Motion to invoke the super majority rule was made by Council Member Jason Rogers
and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes — 0 nays.
A Motion to approve this item was made by Council Member Rhonda Rogers and
seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays.
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Page 8
21. Deliberate and confirm the appointment of a Public Works Director.
Gene Anderson explained that the City Manager appoints all city employees, but that the
City Council confirms department head appointments. He asked that City Council confirm his
selection of Ron Sullivan as Director of Public Works. Mr. Anderson said Mr. Sullivan was a
graduate of Texas A &M and a professional engineer. He also stated that Mr. Sullivan had a total
_ of 34 years experience, which included 3 Texas cities and the Texas Department of
Transportation. Council Member Wright asked who interviewed the candidates and Mr.
Anderson told him that he and Shawn Napier conducted the interviews. Council Member Jason
Rogers said he had a problem with the hiring process, but not the candidate.
A Motion to confirm the appointment was made by Council Member McCarthy and
seconded by Council Member Pickle. Motion carried, 6 ayes — I nay, with Council Member
Jason Rogers casting the dissenting vote.
17. 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 6:54 p.m. and at 7:02 p.m. convened City Council
into Executive Session.
18. Reconvene into open session.
Mayor Biard reconvened City Council into open session at 7:26 p.m.
22. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004 -081.
Council Member Rhonda Rogers reminded everyone about Lamar County Days in Austin
on April 5th and 6th. Council Member Rhonda Rogers inquired which Council Members would
be attending Lamar County Days and whether or not the City was going to sponsor Council
attending Lamar County Days. Gene Anderson said that the City does normally sponsor this
event. Mayor Biard and Council Member Pickle said they would be attending, but indicated they
would be making their own arrangements. Council Member Rhonda Rogers and Council
Member McCarthy asked that city staff make arrangements for their attendance. Council
Member Jason Rogers asked Council Members making the trip, to please support the teachers.
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23. Adjournment.
Regular Council Meeting
March 14, 2011
Page 9
There being no further business, a Motion to adjourn was made by Council Member
Pickle and was seconded by Council Member Jason Rogers. Motion carried, 7 ayes — 0 nays.
The meeting was adjourned at 7:28 p.m.
4ILLBIARD-,
JNICE ELLIS, CITY CLERK
12 � ►..,
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
March 28, 2011
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
March 28, 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; Ronnie,
Grooms Fire Chief, Shawn Napier, City Engineer;
and Steve McFadden, Interim Public Works
Director
Opening Agenda
1. Call meeting to order.
Mayor Biard called the meeting to order at 5:33 p.m.
2. Invocation.
Shawn Napier gave the invocation.
3. Pledge of Allegiance.
Council Member Jason Rogers led the pledge.
4. Citizens' forum.
Gary Hensley, 329 S.W. 25th — he complimented the new Lake Crook dock and asked
about the possibility of getting lights on the dock.
Consent Agenda
Mayor Biard inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. There were none.
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A Motion to approve the Consent Agenda was made by Council Member McCarthy and
seconded by Council Member Rhonda Rogers. The Council voted seven (7) for and none (0)
opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8, and 9.
5. Deliberate and act on the approval of minutes from the meeting on March 14, 2011.
6. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Planning and Zoning Commission minutes (2 -7 -2011)
b. Paris Historic Preservation Commission minutes (2 -28 -2011)
7. Deliberate on February monthly financial report.
8. Deliberate on drainage ditch maintenance report.
9. Deliberate and act on RESOLUTION NO. 2011 -032: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A PROCLAMATION
DECLARING THE MONTH OF APRIL AS FAIR HOUSING MONTH; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
Regular Agenda
10. Deliberate and possibly act on RESOLUTION NO. 2011 -033: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; DESIGNATING THE
AUTHORIZED CITY SIGNATORIES TO APPROVE DRAWDOWN REQUESTS
FROM THE OFFICE OF RURAL COMMUNITY AFFAIRS FOR ALL OF THE CITY
OF PARIS TEXAS' COMMUNITY DEVELOPMENT PROGRAM PROJECTS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Rhonda Rogers and
seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays.
11. Public hearing and deliberate on findings of the City's Texas Community Development
Block Grant Program Contract No. 728056 STEP Water Improvements Project.
Mayor Biard opened the public hearing and asked for anyone wishing to speak in support
of this item, to please come forward. No one spoke. Mayor Biard asked for anyone wishing to
speak in opposition of this item, to please come forward. With no one speaking, Mayor Biard
closed the public hearing. There was no discussion on this item.
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March 28, 2011
Page 3
12. Hear and deliberate on independent audit of the city's financial records. 1279 ,
Tom Hensel with McClanahan and Holmes, gave an overview of the comprehensive
annual audit.
13. Deliberate and act on A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, ADOPTING AND APPROVING A NEW SECTION 2 — EQUAL
OPPORTUNITY & HARASSMENT POLICY TO THE CITY OF PARIS'
PERSONNEL POLICIES AND PROCEDURES MANUAL TO ADDRESS ALL
FORMS OF UNLAWFUL HARASSMENT IN THE WORKPLACE AND TO ADOPT
PROCEDURES TO IMPLEMENT THIS POLICY; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
Council Member Jason Rogers said that the EEOC gives a victim 180 days to file a
complaint and he thought they should allow more than 30 days for an employee to file a
complaint. Council Member Pickle suggested that the word "must" be deleted and replaced with
the word "should" with regard to the filing of a complaint by an employee under Section 2.025.
It was a consensus of City Council to make Council Member's Pickle suggested change.
Council Member Jason Rogers said that he was concerned with the last sentence of Section
2.025, specifically referring to the word "goal". He said it implied that management could take
longer than 30 days to complete an investigation and he thought there should be a specific
deadline. Mr. Anderson suggested that they leave the language as written and add a sentence
that if the goal is not met, city management shall inform the City Council. It was a consensus of
City Council to leave the existing language and add the additional sentence.
Council Member Jason Rogers also said that he thought supervisors, managers, and
department heads should be held to a higher standard than other employees and that he would
prefer the zero tolerance policy with regard to supervisors, managers, and department heads.
Council Member Pickle said he did not think that was a good idea and that everyone should be
treated the same. Gene Anderson said a zero tolerance policy makes a statement that you must
be perfect. Council Member Rhonda Rogers said she wanted to leave the policy as written. She
provided a possible scenario of an employee getting mad at a supervisor, and being able to get
another employee to side with him or her on a fabricated complaint against the supervisor just to
get the supervisor fired. Council Member Rhonda Rogers said that would be an automatic
termination for a supervisor, manager or department head. Council Member Jason Rogers said if
someone makes a racial remark, chances are they have done so in the past. Mayor Biard sated
they were not just addressing racism, but were also addressing gender and religion. It was a
consensus of City Council to leave the policy as written with regard to this issue. Council
Member Rhonda Rogers said employees needed to be trained with regard to the new policy.
Council Member McCarthy agreed and said that the training needed to be performed by a
professional and that employees should sign a receipt acknowledging the policy. Mr. Anderson
said that he would make arrangements. Council Member McCarthy said that he wanted training
for employees prior to the policy taking effect. It was a consensus of City Council that
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Page 4
employees receive training on the new policy prior to the effective date. City Council agreed the
effective date to be June 1, 2011. This item will be brought back at the next Council meeting.
14. Deliberate and act on RESOLUTION NO. 2011 -034: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDER NO.
TWO TO THE CONTRACT WITH RICHARD DRAKE CONSTRUCTION FOR THE
TRAIL DE PARIS EXTENSION PROJECT — S.E. 8TH STREET TO S.E. 12' STREET;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Rhonda Rogers and
seconded by Council Member Jason Rogers. Motion carried, 7 ayes — 0 nays.
15. Deliberate and act on renovations to City Hall.
As explained in Mr. Anderson's briefing sheet, the public areas on the first and second
floor have had no maintenance since the mid- 1970's. There is peeling wallpaper, water stained
ceiling tiles, worn carpet and electrical lighting that is no longer functioning. There are two
offices on the second floor that need to be painted and re- carpeted. It will cost less than $25,000
to renovate the areas.
A Motion to approve the renovations was made by Council Member McCarthy and
seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays.
16. 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 convened City Council into executive session at 6:18 p.m.
17. Reconvene into open session and possibly take action on those matters discussed in
Executive Session.
Mayor Biard reconvened City Council into open session at 6:33 p.m. and said there was
no action to be taken.
18. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004 -081.
Council Member Pickle reminded everyone of the upcoming Lamar County Days in
Austin scheduled for April 5th and 6th. Council Member Rhonda Rogers said that she and
Council Member McCarthy would be attending the Texas COG meeting on Thursday.
Regular Council Meeting
March 28, 2011
Page 5
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19. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Wright and was seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. The
meeting was adjourned at 6:35 p.m.
JLBIARD,MAYOR
NICE ELLIS, CITY CLERK