REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS NOVEMBER 5, 2001

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1 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS NOVEMBER 5, 2001 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 7:00 p.m. on November 5, 2001 with the following members present: Mayor Danny Gray, Assistant Mayor Horace Shipp, and Directors Kathy Dunphy, Laney Harris, Sue Johnson, and Thomas Potter. Also present were City Manager Robert W. Wright, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. Director Londell Williams was absent. INVOCATION: The invocation was given by Director Johnson. CONSENT AGENDA: Mayor Gray announced that a resolution approving the 2002 Community Development Block Grant budget allocation would be removed from the consent agenda for further discussion. Director Potter moved to approve the revised consent agenda. The motion was seconded by Assistant Mayor Shipp and carried unanimously. The items approved by consent were: MINUTES: The minutes approved were of the regular meeting of October 15, minutes 1

2 RESOLUTION NO. 4724: Resolution No authorizes the Texarkana, Arkansas Baseball Association to construct a tee ball field at Ed Worrell Memorial Park. RESOLUTION NO. 4725: Resolution No authorizes change order No. 1 to the contract with J. A. Jackson Construction, Inc. for the Beech Street Enhancement Project, which makes the following changes to the contract plans and specifications: Item No. 1.: Item No. 2.: Increase unit price for 16 (EA) each Antique Light Posts from $3000\EA to $4,719\EA due to Owner changing the pole and fixture specifications; and Increase time of completion by 49 calendar days due to submittal review and delivery of new lights. The change order increases the total amount of the contract by $27, RESOLUTION NO. 4726: Resolution No authorizes change order No. 1 and No. 2 to the contracts with Jet Concrete, Inc. and Murray, Thomas & Griffin, Inc. (MTG) respectively, as part of the Maxwell Industrial Park project. The change orders increase the Jet Concrete, Inc. contract amount by $47, and the MTG contract amount by $20,000. RESOLUTION NO. 4727: Resolution No accepts the low and only bid of $20,000 submitted by Construction Fibers, Inc. for repair mastic material to be used to repair cracks and expansion joints on streets scheduled for overlay minutes 2

3 REGULAR AGENDA: RESOLUTION NO. 4728: Resolution No was read in its entirety. Said resolution approves 2002 Community Development Block Grant (C.D.B.G.) allocation for a total amount of $435,000. City Manager Robert Wright briefly spoke in regard to the C.D.B.G. allocation. Mr. Wright stated the allocation before the Board was the same one covered in tonight s workshop, totaling $435,000. This amount was based on the City s estimated grant award. He stated if that amount changed the staff would make adjustments to the allocations. He also commented that the one item the City would suspend from the list of allocations would be the $10,000 CASA allocation, while the city staff looks into a couple of issues the Board had. Director Potter, seconded by Assistant Mayor Shipp, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Dunphy, Johnson, Potter, Shipp and Gray voted aye; Directors Director Harris voted nay. The Mayor declared the resolution adopted, as there were five ayes and one nay. CITIZEN COMMUNICATION TIME: Mr. Rick Hall, 2020 Beech Street, addressed the Board briefly in regard to the Beech Street Enhancement project. He stated he felt there were problems with the work being completed on the project. Mr. Hall commented he contacted Public Works Director Carl Conley in regard to the contractor s poor workmanship. He presented the Board with a set of plans and stated some of his primary concerns, which were lack of ramp specifications and barricades in work areas. He also mentioned the crew had started work before 7:30 AM on Sunday morning. Mayor Gray asked Mr. Conley to address minutes 3

4 Mr. Hall s concerns. Mr. Conley stated the reason there were no details shown as far as the curb and gutter sections were concerned was that the contractor was supposed to saw the back of curb and not remove the full curb and gutter section. The contractor went beyond the scope of the work and he stated that was one reason it was creating problems. He said he and the engineer visited the site earlier that day. The engineer contacted the contractor and the curbs would be removed and redone. Mr. Conley stated he was working with the contractor to address other problems. Mayor Gray asked if, as the contractor starts redoing those curbs, the staff would be keeping a closer eye on their workmanship. The City Manager stated the engineering firm had been providing project inspections on this project up to this point, but he stated the city staff would now be doing that as well. OTHER BUSINESS: Director Dunphy stated a resident had contacted her about her 83-year-old mother who had recently been knocked down by a neighbor s dog. She said the neighbor s dog broke the chain, jumped the fence and knocked the elderly lady to the ground. Mrs. Dunphy commented that the lady spent two weeks in the hospital and due to other age related problems she spent additional time in the hospital. Director Dunphy asked if something more specific could be written into the ordinance to control such incidences. She asked that the ordinance be changed to state that an animal that hurts someone must be locked up so that it cannot possibly get out or the following two things will happen 1) the owner would be fined a large amount and/or 2) the animal would be put to sleep. She asked that the ordinance protect small children and people from such animals. Mayor Gray said it sounded like there should be a lawsuit against the owner of the dog from the elderly lady. Director Dunphy said the elderly lady did not have minutes 4

5 the money to pursue a lawsuit. She asked if there was more specific language the Board could write into the ordinance. Mayor Gray commented that the ordinance already states the animals must be kept up and the owner can be fined, but if the animal does get out and harm someone it is still the obligation of the injured person to bring civil suit against the owner of the animal. The Mayor asked that all the information be turned over to the police department for follow up. Police Chief Bob Harrison stated he was aware of the complaint. The animal control officer was sent out, but the elderly lady would have to take action and file an official complaint for the dog running at large or file something in civil court to get restitution for her injuries. He stated he did not think there was anything the City could pass allowing a police officer to take action on a misdemeanor that did not occur in the presence of the officer. The Chief said the Animal Control Officer had been out on several occasions to make sure the animal was contained in accordance with the ordinance and there was little the police department could do right now until the elder lady files an official complaint or something in civil court. Assistant Mayor Shipp asked the Chief if he suggested any changes to the ordinance. The Chief said he would take a look at the ordinance. ADJOURNMENT: There being no further business to come before the Board, on motion duly made, seconded, and unanimously carried, the meeting adjourned. Danny Gray, Mayor minutes 5

6 ATTEST: Patti Scott Grey, City Clerk minutes 6