REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MARCH 20, 2006

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1 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MARCH 20, 2006 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 7:00 PM on March 20, 2006 with the following members present: Mayor Horace G. Shipp, Assistant Mayor Londell Williams, and Directors Shirley Bradley, Chad Dowd, Kathy Dunphy, Sue Johnson, and Weldon Johnson. Also present were City Manager Charles Nickerson, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. INVOCATION: The invocation was given by Director Sue Johnson. HONOR BOULEVARD PRESENTATION: Director Dunphy announced the 2006 Honor Boulevard recipient was City of Texarkana, Arkansas Mayor Horace G. Shipp. Mayor Shipp accepted the honor and thanked Director Dunphy and the Board of Directors. 100% COMPLIANCE WITH INDUSTRIAL PRETREATMENT PROGRAM AWARDS PRESENTATION: Mayor Shipp spoke briefly about the program, stating our Texarkana Water Utilities administers an EPA-mandated Industrial Pretreatment Program to protect the wastewater treatment plants, the collections system and the biosolids by regulating industrial wastewater discharged into the sanitary sewer system. The program places requirements on the industries such as limiting the amount and type of wastewater, record-keeping and reporting, and various minutes.doc 1

2 notifications. 100% compliance with the program requires diligence and dedication and indicates a respect for the environment and a desire to be a caring and positive participant in the local community. He stated some of the 100% compliance criteria are: 1. The User shall not have any violation of the Wastewater Discharge Permit or the Sewer Use Ordinance. 2. The User shall have submitted all required reports on or before the due date. 3. The User shall have provided all appropriate notifications as required. 4. The User shall have met or exceeded all record-keeping and reporting requirements. 5. The User shall have received an exceptional inspection report from the Control Authority. In 2005, two industries located in Texarkana, Arkansas met or exceeded all the requirements for the Industrial Pretreatment Program, namely Flowers Baking Company of Texarkana LLC, and General Electric Railcar Repair Service Corporation. Mayor Shipp asked Flowers Baking Company of Texarkana LLC Representatives Debbie Broussard, Annette Jennings and Tommy McFarland to come forward. He presented Flowers Baking Company s 100% Compliance with Industrial Pretreatment Program Award. Ms. Broussard, Ms. Jennings and Mr. McFarland accepted the honor and thanked Mayor Shipp and the Board of Directors. Mayor Shipp then asked Smith-Blair, Inc. Representative Dewayne Green to come forward. He presented Smith-Blair Inc. s 100% Compliance with Industrial Pretreatment Program Award. Mr. Green accepted the honor and thanked Mayor Shipp and the Board of Directors. The Mayor thanked all the representatives for their efforts involved in this award minutes.doc 2

3 Texarkana Water Utilities Executive Director Bill King spoke briefly about how much work and effort it took to be 100% compliant for this award. He said they were good neighbors to the City community and congratulated them on their dedication to the community to comply with all guidelines. FARMERS MARKET RECOMMENDATION: Mayor Shipp asked City Manager Charles Nickerson to review the Farmers Market Recommendation. He commented on the location of the market not being a good location and further commented the market needed to be in a more centralized location, possibly downtown. Director Dunphy suggested charging a yearly or quarterly fee to vendors and not using money out of the City s general fund. She commented that the market should pay for itself as well as for any maintenance to the facility. Mr. Nickerson said that could be an idea and have the City issue permits for the vendors. Assistant Mayor Williams asked if the current growers had contracts in place with the City from the last growing season. Mr. Nickerson said he would have to review when the growers contracts were issued. Director Bradley asked the City Manager if allowing the market to be an open market would mean anyone would be able to sell their produce. Mr. Nickerson answered yes. He further commented on each vendor being responsible for cleaning their own stalls. CONSENT AGENDA: Director Dunphy moved to approve the consent agenda. The motion was seconded by Director Dowd and carried unanimously. The items approved by consent were: MINUTES: The minutes approved were of the regular meeting of March 20, minutes.doc 3

4 RESOLUTION NO. 5292: Resolution No grants permission to the Four States Fair for the 62nd annual parade at 10:00 AM on Saturday, September 16 th along the customary downtown parade route. RESOLUTION NO. 5293: Resolution No supports the City s participation in a community fishing lake at Bobby F. Ferguson Park to be developed by Arkansas Game and Fishing Commission. RESOLUTION NO. 5294: Resolution No declares the following Police Department vehicle surplus and authorizes its disposition in accordance with Arkansas law: 2003 Ford Crown Victoria VIN 2FAFP71W83X RESOLUTION NO. 5295: Resolution No authorizes the City Manager to purchase one (1) 2003 Ford Crown Victoria patrol car for the Police Department from the Missouri State Highway Patrol to replace Unit #208, which was totaled in a traffic accident on a bridge that was iced over for amount not to exceed $12,500. The purchase will be paid from the Patrol Asset Forfeiture Fund. RESOLUTION NO. 5296: Resolution No authorizes the City Manager to purchase (1) 2006 Ford Crown Victoria patrol car for the Police Department from North Point Ford in North Little Rock, Arkansas, for amount not to exceed $20,570.00, which will be paid for with proceeds from the insurance on Unit #219 totaled in a traffic accident in the amount of $13, and $6, from the Marshal s Service Account and no appropriation from the general fund would be required minutes.doc 4

5 RESOLUTION NO. 5297: Resolution No approves the Texarkana Regional Airport 2006 Operating and Capital Improvement Budgets. REGULAR AGENDA: PUBLIC HEARING: Mayor Shipp opened a public hearing to receive comments regarding a petition to abandon the N15 of the dedicated 80-0 Spencer Street ROW lying adjacent to and parallel with Lot 6, Block 41, ROSE SUBDIVISION (a replat of part of KIRBY S COLLEGE ADDITION). It would abandon (reduce) part of the Spencer Street Right-of-Way between Fairview Street and the alley at the rear of 1109 Fairview Street. (Walter & Norma Harwell, Albert & Dorothy Hudson) City Planner Eston McGee spoke briefly in regard to the item, stating the Rose Subdivision (a replat of part of the Kirby s College Addition) plat dedicated unusually wide 80-0 street Rights-of-Way. Spencer Street was classified as local, residential street and the City s standards today only require a 50-0 ROW dedication. The Hartwell s wanted to add on a wooden deck between their home and Spencer Street. However, their home is on the ROW/Property Line or very near it leaving no room for the wooden deck. This ROW abandonment (reduction) would abandon a 15-0 strip of Spencer Street ROW adjacent to and parallel with a the outside ROW line on the North side of Spencer Street. According to the Arkansas Code of 1987 Annotated, this property reverts in ownership back to the Hartwell s, i.e. if the ROW is abandoned (reduced), fifteen (15) additional feet of property will be added to their existing lot. The City will still retain a full 50-0 ROW dedication for Spencer Street centered within the existing 80-0 ROW that is still available to the five utility companies for utility facilities. The Planning Commission reviewed the ROW abandonment request at their regularly minutes.doc 5

6 scheduled meeting on March 14, 2006 and unanimously recommended approval of the abandonment (reduction) by a 6-0 roll call vote. Mr. Frank Poff made the motion for approval and Mr. Boots Thomas seconded the motion. Mr. Eddie Gamble was absent from the meeting. The City Clerk advertised the March 20, 2006 public hearing in the Texarkana Gazette as required by the Arkansas Code of 1987 Annotated. The Board action requested is 1) conduct the required public hearing on March 20, 2006, and 2) consider an ordinance abandoning (reducing) the Spencer Street ROW containing no utility easements and containing an emergency clause. He asked if he could respond to questions. Mayor Shipp asked if anyone in the audience or board members had questions. No one else came forward; therefore the Mayor declared the public meeting closed. ORDINANCE NO. L-249: An ordinance was introduced to be entitled, "AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF A 15-FOOT STRIP ON THE NORTH SIDE OF THE DEDICATED SPENCER STREET RIGHT-OF-WAY; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Said ordinance provides for the vacation and abandonment of a part of the Spencer Street Right-of-Way between Fairview Street and the alley at the rear of 1109 Fairview Street. The right-of-way is legally described as: The ROW is legally described as the N15 of the dedicated 80-0 Spencer Street ROW lying adjacent to and parallel with Lot 6, Block 41, ROSE SUBDIVISION (a replat of part of KIRBY S COLLEGE ADDITION). Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director S. Johnson and carried unanimously. The ordinance was read the first time minutes.doc 6

7 Assistant Mayor Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director S. Johnson. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Assistant Mayor Williams then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Bradley. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the ordinance passed, as there were seven ayes and no nays. ORDINANCE NO. L-250: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ARTICLE III, CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF TEXARKANA, ARKANSAS, TO REVISE CERTAIN REGULATIONS GOVERNING PUBLIC TRANSIT OFFENSES; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Said ordinance amends Chapter 15(a)(3) and (4) Texarkana Code of Ordinances to read as follows: Amend Chapter 15(a)(3) to read as follows: (3) Consume, distribute or discard food while inside a transit vehicle, or consume or transport non-alcoholic drinks that minutes.doc 7

8 are not in a plastic or metal container with a closeable lid. The exception is food transported or consumed by transit employees, which may be consumed only while the transit vehicle is in park. Add Chapter 15(a)(4) to read as follows: (4) Consume, distribute or discard any alcoholic beverage while inside a transit vehicle, or within a transit structure. Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Dowd and carried unanimously. The ordinance was read the first time. Assistant Mayor Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Dowd. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Assistant Mayor Williams then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Bradley. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the ordinance passed, as there were seven ayes and no nays minutes.doc 8

9 ORDINANCE NO. L-251: An ordinance was introduced to be entitled, "AN ORDINANCE WAIVING COMPETITIVE BID REQUIREMENTS AND AUTHORIZING THE PURCHASE OF A DUPLEX PUMPSTATION WITH CONTROLS AND INSTALLATION FOR TEXARKANA WATER UTILITIES; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Said ordinance authorizes the City Manager to enter into an agreement with Jack Tyler Engineering Company Ashdown, Arkansas (the sole know supplier of the FLYGT pumps in Arkansas), to purchase a duplex pump station with controls and installation. The purchase of the equipment will allow Texarkana Water Utilities to proceed with completion of the sanitary extension for Southern Refrigerated Transport (SRT) for an amount not to exceed $25, Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director S. Johnson and carried unanimously. The ordinance was read the first time. Assistant Mayor Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Bradley. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Assistant Mayor Williams then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Dowd. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, minutes.doc 9

10 as there were seven ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the ordinance passed, as there were seven ayes and no nays LAND DEVELOPMENT REVIEW: Mayor Shipp introduced Acting Public Works Director Lee Elliott. Mr. Elliott reviewed a PowerPoint presentation regarding the 2005 Land Development Review. Acting Public Works Director Lee Elliott reviewed areas of Code Enforcement, Planning and Zoning, Streets, Park and Environmental Maintenance, Traffic Control and Mosquito Abatement. Mr. Elliott spoke about several positive things Public Work was working on as well as the declining operation capital in Public Works. He pointed out how much the City had grown since He gave a very succinct summary of the challenges faced by the City of Texarkana, Arkansas Public Works Department, including a decrease in the number of employees, the increase in per square mile needs and corresponding responsibilities, and state turn revenues. Mr. Elliott added that the road miles and square mileage had increased considerably. He said in all departments related to the City he had most respect for the Public Works Department. He said no one could really appreciate that department s efforts until they worked in that department. Mayor Shipp spoke of his appreciation for Acting Public Works Director Lee Elliott and his hard work minutes.doc 10

11 Director W. Johnson said it was an amazing feat there were no flooding problems after the five inches of rain we had over the weekend. He too spoke of his appreciation of the Public Works Department and street crews. CITIZEN COMMUNICATION TIME: Kwanza Abdul Khliq, 4501 Summerhill Road, a Hurricane Katrina evacuee, commented on hurricane evacuees being evicted from their temporary homes, because they are unable to pay utilities. He said he felt that if something was not done to keep the evacuees in their temporary homes it could affect our city in aspects of rising homelessness. He suggested the city look into economic development programs, such as small interest loans with money coming back to the city as revenue. Donnie Sealy, Arkansas Real Estate Developer, applauded Lee Elliott on his work during his tenure as Interim Public Works Director. EXECUTIVE SESSION: The Mayor announced that the Board would not go into executive session tonight. The Board would address the board and commissions appointments at the next meeting. ADJOURNMENT: There being no further business to come before the Board, on motion duly made, seconded, and unanimously carried, the meeting adjourned. ATTEST: Horace G. Shipp, Mayor Patti Scott Grey, City Clerk minutes.doc 11