REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MAY 3, 2010

Transcription

1 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MAY 3, 2010 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 7:00 PM on May 3, 2010 with the following members present: Mayor Horace G. Shipp, Assistant Mayor Chad Dowd, and Directors Ruth Penney Davis, Laney J. Harris, Sue Johnson, James Mike Jones, and Londell Williams. Also present were City Manager Harold E. Boldt, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. INVOCATION: The invocation was given by Assistant Mayor Chad Dowd. PLEDGE OF ALLEGIANCE: Assistant Mayor Chad Dowd led everyone in the Pledge of Allegiance. PRESENTATION / REPORT: Employee Service Awards: Mayor Shipp presented awards to Harold E. Boldt, Chad Honea, Ian Alquist, Larry Vaden, and Thomas Durham. Each recipient received a City of Texarkana, Arkansas, Employee Service Award and a Texarkana, Arkansas City pin. The awards recognized Mr. Boldt for 5 years service with Administration; Mr. Honea for 10 years service with Fire Department; Mr. Alquist for 10 years with the Fire Department; Mr. Vaden for 20 years with Bi-State Maintenance; and Mr. Durham for 20 years with the Texarkana Water Utilities. They accepted the honor and thanked Mayor Shipp, the Board of Directors, and City Manager Harold E. Boldt. Mayor Shipp commented Christopher Bolden was unable to attend tonight s meeting and he would make sure he received his award and pin. Mr. Bolden would have been recognized for 10 years service with Fire Department minutes.doc 1

2 National Historic Preservation Proclamation: Mayor Shipp spoke briefly about the proclamation, stating historic preservation was very important and many cities all over the nation take part. It was a priority of a lot of folks in Texarkana to take care of the old buildings. He said looking downtown, you could see several buildings that had received grants for restoration projects. Then he read the following: P R O C L A M A T I O N WHEREAS, historic preservation was an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation was relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it was important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "Old was the New Green" was the theme for National Preservation Month 2010, cosponsored by the City of Texarkana, Arkansas, the Arkansas Historic Preservation Program (AHPP), the Department of Arkansas of Heritage, and the National Trust for Historic Preservation; NOW, THEREFORE, I, Horace G. Shipp, Mayor of Texarkana, Arkansas, do proclaim May 2010 as National Preservation Month, and call upon the people of Texarkana, Arkansas to join their fellow citizens across the United States in recognizing and participating in this special observance. Horace G. Shipp, Mayor minutes.doc 2

3 ATTEST: Patti Scott Grey, City Clerk Sparks in the Park: Mayor Shipp introduced Public Works Director Paul Hackleman, who reported briefly on the Sparks in the Park. Mr. Hackleman said this was the third year for Sparks in the Park. He said the Sparks in the Park committee was comprised of himself and Parks Superintendant Ross Cowling; Lisa Barr and Dwight Duncan of the Four States Fair Grounds; Ron Byrd and Misty Dowd of GAP Radio; Fire Marshal Steve Johnson and Fire Chief Bobby Honea of the Texarkana, Arkansas Fire Department; Captain Glenn Greenwell and Sergeant Joe Bennett of the Texarkana, Arkansas Police Department; Financial Director Rebecca Harris and Personnel Administrator Heather Barnette of the Finance Department; and Media Manager Eric Ethridge of the City Clerk s Department. All those people put a lot of work into the event, such as sponsorship and making sure the event was a success. We have a tentative schedule for Saturday, July 3, At 9AM, it would start off with a Fishing Derby for children the age of fifteen and under. Then from 4PM until 9:20PM concession stands would be open. Activities during the day include a rock climbing wall, Guitar Hero supplied by GAMESTOP, a children s sandbox provided by Transit Mix, an exhibit by Texas Motor Speedway, inflatable jump houses, an AG learning center, the Four States barnyard, and the Arkansas Game and Fish Aquarium. Arkansas Game and Fish actually stocked Bobby F. Ferguson Lake with fish for the Fishing Derby, which should ensure that the children would catch fish. There would be live music from 5PM until the fireworks at 9:20PM. The opening ceremonies are at 6:30PM. The fireworks start at 9:20PM and would last around twenty minutes. We have a new fireworks contract this year with Jack Warner Fireworks Company of North Little Rock, Arkansas, who came with excellent references. Jack Warner Fireworks had over twenty-five years experience and have performed firework shows in minutes.doc 3

4 Russelville, Arkansas; Bentonville, Arkansas; and the Arkansas Travelers post game event. Mr. Hackleman was confident the firework show would be good and comparable to the past years fireworks with Pyrotechnic Louisiana LLC. By taking a risk and bidding the fireworks, we saved about $4,000. This contract was $19, and was basically the same show. Jack Warner Fireworks would throw in a few more shells, having more shells go up at one time for a spectacular effect. Mr. Hackleman thanked everyone on the committee and said he would be glad to answer any questions. Director Davis asked if Sparks in the Park had the same sponsors as last year. Mr. Hackleman said there were different sponsors such as GAP Radio. The Four States Fair Grounds finds the sponsors and helps to reimburse the sponsors their cost. We do not pay GAP Radio for all the Sparks in the Park radio ad air time. Captain Glenn Greenwell of the Texarkana, Arkansas Police Department was instrumental in getting billboards from Lamar Signs, advertising the event. The money was not given to the city. It was collected by Four States and GAP Radio, who fund these little events. Director Davis asked what the city paid for at the event. Mr. Hackleman said the city paid for the fireworks contractor, which was $19, and the police, fire and Parks and Recreation workers. Director Davis asked what the final tab was. Mr. Hackleman said he did not know the final tab. He said he did not think every department had put a monetary value on everything they had put into the event. It would be much more than $20,000 when you count paying those individuals. Director Davis asked if the city received the sales tax from concession sales. Mr. Hackleman said the city would receive the sales tax. He said it was a win for the city and 35,000 people usually attend the event. He said it was a good payback for the city and its citizens. Last year, people came from as far away as Atlanta, Georgia, to the Sparks in the Park event. The event generated people staying at the hotels and eating in restaurants. He said not every city could afford to put on a firework show, and short of driving to Shreveport, Louisiana; we had the closest show around minutes.doc 4

5 Director Davis asked if an impact study was done last year after the firework display and if any businesses profited from the 35,000 people. Mr. Hackleman said he had not seen an impact study performed. He said he used the information in the Texarkana Gazette newspaper that ran different articles about businesses in town. It was all positive and sales were up, including alcohol sales. He said it was a positive benefit, but the actual number benefit; he said he did not know. City Manager Harold E. Boldt said we could talk to the Chamber of Commerce, who would have a better guesstamation. Director Davis said last year, we seriously considered doing a follow-up. Director Harris asked about the air show, if we were going to have parachuters or the Blue Angels flying over. Mr. Hackleman said to get the Blue Angels, we would have to book them at least a year in advance. We could make that a goal, for something bigger than the B-52 flyover that we have had in the years past. He said he would not mind asking them even at this late date. He said he could make some phone calls and work to get something to flyover. Director Harris said he would not mind seeing a Harrier landing. Director Jones said the Air National Guard out of Ft. Smith, Arkansas, and Little Rock, Arkansas, do a lot of flyovers too. The pilots had to log so many hours. They use flyovers to accumulate flight time. City Attorney Ned Stewart said to ask Steve Leubbert, the Texarkana Regional Airport Director, because the airport accommodated a lot of Air Force training. CONSENT AGENDA: Director Johnson moved to approve the consent agenda. The motion was seconded by Director Jones and carried unanimously. The items approved by consent were: MINUTES: The minutes approved were of the regular meeting of April 19, minutes.doc 5

6 RESOLUTION NO. 5687: Resolution No granted Hopkins Icehouse permission to have its 2nd Annual Craws for a Cause event, benefiting the American Red Cross on Saturday, May 22, 2010, from 10:00 a.m. until midnight. It further granted permission for them to close and barricade the east lane of Wood Street at East Third Street and the north lane of East Third Street at Wood Street during the event. REGULAR AGENDA: RESOLUTION NO. 5688: Resolution No was read in its entirety. Said resolution authorized the City Manager to transfer ownership of Cooper Tire and Rubber Company plant and fixtures located in Texarkana, Arkansas, to the City of Texarkana, Arkansas, as an incident to the implementation of a bond issue in the immediate future designed to provide financing to Cooper Tire and Rubber Company to expand its plant in Texarkana, Arkansas. In order to meet the conditions of an EDA grant, designed to provide some financial assistance to the plant expansion, it was necessary that the transfer of ownership be carried out immediately even though the final terms and conditions of the bond issue were not as yet complete. City Manager Harold E. Boldt said one of the things the city agreed to do with Cooper Tire was to do an Act 9 bond issue for $20 - $25 million. Cooper Tire would bring in new equipment and hire new people. Cooper Tire just announced it would hire an additional twohundred people over what they originally stated. Usually associated with an Act 9 Bond Issue was a payment in lieu of tax agreement, which essentially stated abatement of property taxes. We have been in a holding pattern, waiting on a decision from the state government. In the meantime, the EDA grant, which was a non-matching grant for $1 million dollars needed to be spent. The problem it has presented was years ago, Cooper Tire asked to be released from the lease agreement on a previous Act 9 bond issue. When they did that, it took Cooper Tire out of public ownership, meaning when we do an Act 9 bond issue, we were financing the equipment, the building, the land and everything associated with Cooper Tire. In return, Cooper Tire leases back from us, for a nominal sum. That was no longer in affect and because of that; the city could minutes.doc 6

7 not move forward using EDA money for projects on Cooper Tire property. The way we could move forward, ahead of the bond issue, was to have Cooper Tire Quit Claim Deed the property to the city. In which case, the city would technically be the owners of Cooper Tire. This would allow the city to use the EDA grant for projects in and around Cooper Tire. Originally, the entrance across the railroad and the south entrance were to be the first projects. Now, the projects were moving the security shack, enlarging the lanes in and out of the plant, and widening the roads. The Quit Claim Deed allows us ownership of the property to start these projects. Hopefully, in the next month or so, the state would have made its final decision and then we could move forward with the bond issue with Cooper Tire. Director Harris asked if we would have to amend our budget, because of the bond issue. Mr. Boldt said once we set the bond issue, the pilot agreement would state when it would be implemented. He said he would make sure the school board had the same flexibility and the implementation could be extended out another year. Director Davis asked hypothetically, what if Cooper Tires moved out of Texarkana, Arkansas in ten years and was declared a super fund site so that the city would not have to pay for it. Mr. Boldt said Cooper Tire would be responsible for the bonds, if it was operating or not. City Attorney Ned Stewart said Cooper Tire was obligated to pay the bonds. He said the city s ownership of Cooper Tire was fiction and enabled the bond issue to be carried out. The overall legal owner was Cooper Tire and any environmental pollution and such would be their responsibility. Mayor Shipp thanked Mr. Boldt and said he supported Cooper Tire and supported the projects which would be funded by the EDA grant. Director Jones, seconded by Assistant Mayor Dowd, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, Williams, and Shipp voted aye. The Mayor declared the resolution adopted, as there were seven ayes and no nays minutes.doc 7

8 RESOLUTION NO. 5689: Resolution No was read in its entirety. Said resolution authorized the city manager to enter into a contract with Jim Moriarty to serve as the City s arbitrator choice in the upcoming arbitration proceeding with the City of Texarkana, Texas, regarding the Texarkana Water Utilities. City Manager Harold E. Boldt said he believed Jim Moriarty was the best candidate as the city s arbitrator. Mr. Moriarty was out of state and had provided a letter with his engagement and cost per hour. Director Harris asked if Mr. Moriarty s cost per hour was $350 and if that was normal. Director Dowd said it was normal for a specialty item. Director Johnson asked how many hours would be involved with this project. City Attorney Ned Stewart said the cost per hour would not start until the arbitration proceedings started. He said this was step one and he would notify the City of Texarkana, Texas, tomorrow that we had selected an arbitrator. Once Texarkana, Texas, picked their arbitrator, the two arbitrators would pick a third arbitrator. There would be some organizational effort that would have to be made. Director Harris asked if the board could be notified if the arbitrators cost per hour reached a certain amount. Mr. Stewart said that would be hard to do. Even though we selected this man as our arbitrator, from our standpoint we need to keep an arms length away relationship with him. By that, Mr. Stewart meant the arbitrator was basically a judge. In order to maintain his impartiality, the arbitrator would have to function completely independent of the city. Under our agreement, the city of Texarkana, Texas was obligated to pay half the expense of the arbitration. The discussion ended. Director Williams said he had a question. Mayor Shipp asked for a motion. Director Davis, seconded by Director Harris, moved to adopt the resolution. Mayor Shipp recognized Director Williams for his question. Director Williams said he withdrew his request for a question minutes.doc 8

9 The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, Williams, and Shipp voted aye. The Mayor declared the resolution adopted, as there were seven ayes and no nays. RESOLUTION NO. 5690: Resolution No was read in its entirety. Said resolution authorized and directed the city manager to enter into the Arkansas State Highway and Transportation Department (AHTD) Traffic Control Device Agreement. The Public Works Department wants to enter into the AHTD Control Device Agreement for LED Signal Lens Replacement and Maintenance. The agreement states the City would, at no cost to AHTD provide electrical power to the control device(s) and maintain the traffic control device(s) being installed by AHTD at the intersection(s) listed below in the exhibit to the agreement: List of Streets Page 1 List of Streets Page 2 Division Ave. (Hwy. 196) & Ferguson 7th St & Beech St. Broad (Hwy. 67) & Arkansas Blvd. E. MLK Blvd. & Hazel St. E. MLK Blvd. & Beech St. Broad St. (Hw.67) & E.9TH. ST. E.7th St & Hazel St. HICKORY ST. & E. 9th St/B. 7th St. Hwy. 71 (East St.) & Division Hwy. 71 (East St.) & Forest Ave. Hwy. 71 (East St.) & Dudley St. Hwy. 82 & OATS ST. Hwy.82 (9th St.) & Pinehurst St. 9 Th. St. & Jefferson Ave. 12th St. & County Ave. 12th St. & Hickory St. 16th St. & County Ave. 18th St. & Jefferson Ave. 24th St. & County Ave. 35th St. & County Ave. 3rd St. & Olive St. 3rd St. & Wood St. 3rd St. & Walnut St 3rd St & Hazel St. 4thSt. & Wood St. 4th St & Hazel St. 4th St & Walnut St. 5th St. & Hazel St. 9th St. & County Ave. Arkansas Blvd. & Sanderson Ln. Arkansas Blvd. & County Ave. Arkansas Blvd. & Jefferson Ave. Broad & State Line Ave. E. 35th St. & Jefferson Ave. Public Works Director Paul Hackleman reviewed a brief PowerPoint presentation with the help of PW employee Mike Arnold. Mr. Hackleman said LED stands for Light Emitting Diode, which was a tiny, very bright light, about the size of an eraser. The LED signal lights were comprised of a matrix of these minutes.doc 9

10 diodes to look like a solid light bulb, but which were really individual lights. The advantages of the LED lights were they were brighter for increased visibility; have a longer life; and they save energy. The incandescent bulbs were basically the white glass bulbs, which require filters and reflectors behind the bulbs to generate the color and intensity. The LEDs come in different colors, such as red, green and yellow. A LED signal light intersection was compared to the incandescent signal light intersection and the LED intersection had a savings of $51.83 per month. Multiply that savings times all the intersections in the city and the savings per year would be $21,146. It was a cost saving measure to have these LEDs, not just in energy savings; the LEDs do not need to be changed as often as incandescent bulbs. Another energy savings were that LED s were watts and incandescent bulbs were 116 watts. They also eliminate catastrophic failures. The light does not fail if a few diodes go out, on these lights about 100 diodes were used, if 15 go out, there still would be red showing. An incandescent bulb would just be out until it was replaced. LEDs also eliminate the phantom effect when the sun goes down and sunlight enters into the normal lens and it becomes hard to tell if the light was red, yellow or green. With the help of Mike Arnold, Mr. Hackleman showed the difference between the LED light and the incandescent light in an actual signal light. The LED light was much brighter in comparison. Mr. Hackleman thanked the AHDT for the signal light program. He said Mr. Arnold was working on more programs with the state to make our city intersections more efficient and safe. This was the biggest thing we could do to save the city money, initially. The city had to agree in this contract with AHDT that the city would pay for electricity and maintenance, which the city was already doing. Mayor Shipp asked who would install the LED signal lights. Mr. Arnold said the state would install the lights. Mayor Shipp asked if every light in Texarkana, Arkansas would be replaced with LED lights. Mr. Arnold said thirty-four lights would be retrofitted for LED lights. Director Davis, seconded by Director Harris, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, minutes.doc 10

11 Williams, and Shipp voted aye. The Mayor declared the resolution adopted, as there were seven ayes and no nays. ORDINANCE NO. M-6: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. L-370 (2010 BUDGET) TO MAKE ADJUSTMENTS TO THE 2010 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET ALLOCATION; APPROPRIATING MONEY FOR THOSE FUNDS; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Said ordinance adjusts the 2010 Community Development Block Grant Budget Allocation as set forth in Ordinance No. L-370, the FY2010 Budget, from $315,000 to $ to include 2010 entitlement of $344,093 and $23,490 of prior years entitlements, which were being reallocated. City Manager Harold E. Boldt stated the planning figures for the 2010 CDBG Budget must be adjusted from $315,000 to $367,583. This new amount includes our 2010 Entitlement of $344,093, plus $23,490, of prior years' entitlements that was being reallocated. The original budget was our best guess at how much might be funded using past allocations. Please note the budget recommendations include the same projects, with the exception of the adjustment in the amount of funding within each category and code enforcement, which relatively stayed the same. The changes to the amended budget were as follows: Grant Administration, Approved Amount $57,000, Amended Amount $62,236 line item increased by $5,236; Code Enforcement, Approved Amount $54,100, Amended Amount $0 line item was not increased; Public Facilities Improvements, Approved Amount $175,700, Amended Amount $191,994 line item increased by $16,294; Public Service, Approved Amount $8,200, Amended Amount $9,072 line item increased by $872; Clearing and Housing Demolition, Approved Amount $20,000, Amended Amount $50,181 line item increased by $30, minutes.doc 11

12 Director Harris moved to have the ordinance read in abbreviated form. The motion was seconded by Director Johnson and carried unanimously. The ordinance was read the first time. Director Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Johnson. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, 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. Director 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 Assistant Mayor Dowd. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, 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 Davis, Dowd, Harris, Johnson, Jones, Williams, and Shipp voted aye. The Mayor declared the ordinance passed, as there were seven ayes and no nays. EMERGENCY CLAUSE: Director Johnson, seconded by Director Jones, moved to add the emergency clause. The motion carried unanimously. The Mayor then called for a vote on the emergency clause and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, Williams, and Shipp voted aye. The Mayor declared the emergency clause passed, as there were seven ayes and no nays. CITIZEN COMMUNICATION TIME: Director Williams said there were some questions that he would like to have answered. He would refrain from asking those questions tonight and wait another week. He would speak not as a board member, but as a citizen. If what he was thinking did not transpire, minutes.doc 12

13 he would speak before the board and call names. He would be speaking on behalf of himself and the citizens he represented. Dwayne Hall, 2303 College Street, said he would like the board to revisit the issue of authorizing compensation and establishing the amount of compensation for the Mayor and Directors of Texarkana, Arkansas. He said the Mayor and Directors volunteered their time and money for the citizens of Texarkana, Arkansas. They travel to and from meetings; they have cell phone expenses; clothes expenses; etc. He did not know how much the Mayor and Directors should be paid. He said as an example a county quorum board member board gets paid by the number of meetings they attend. He said the future depends on what we do in the present. In the present, we have these wonderful volunteers that were willing to serve and make responsible decisions. In the future, we need a larger pool of people who would be willing to serve. He said the amount of compensation was not consequential to the budget, but it was serious. He said he believed the city would have better government with compensation. City Attorney Ned Stewart said the board did not have any authority to compensate itself through a resolution. The city was under the City Manager Enabling Act and compensation would have to vote by the citizens during an election. Mr. Hall said it was his understanding unless the law had changed, that the election was not necessary. Director Dowd asked for an opinion from the Attorney General. Director Williams said initially, compensation could be given through board action. When the 6-1 form came about, the rule was changed because a Negro was coming on board. As a result, only one line was changed in the article. He said the only person that received a pension from the city was Bobby Ferguson. That was when it was decided to go to the people and ask if they want the board to be compensated. Texas-side was compensated. Mr. Hall said Director Williams brought the motion to the table in minutes.doc 13

14 Director Williams said it would be denied anyway, because they do not want to put the cards on the table. He said when he was a little boy; his father told him Son, every dog has its day. If you were a good dog, you ll have two days and if you were a bird dog, you re gonna have a season. He said he was entering his season now, because he was going to put some things on the table that involves some people and he would call their names. He would probably call names of some people here now, because he knew who they were and whom they worked. Director Davis said she wished on the national level that no one got paid. First of all, we would have fewer people running and those that do run had a patriotic interest. She ran, but she did not anticipate payment to be on the board. She said this was the most important volunteer service that she could render. She said first of all, the city did not have the money to compensate the board and secondly, if the city had money, it would be best used on our streets and roads. Mr. Stewart said the article Mr. Hall referred to was actually House Bill No. 2839, presented by Steve Harrelson that did not pass legislature. The provision for compensation would require a public vote. Director Harris said based upon our city, if we elected to do that, the entire board would have to be re-elected. Mr. Stewart said that was done in When the board reorganized in 1993, it did so specifically under the City Manager Enabling Act. Director Williams asked who was on the board in Director Jones asked if we could simply this. He said Director Dowd made the suggestion to have the Attorney General take a look at this. Mr. Stewart said he was sure, absolutely positive it was not the law and that the law still required an election. Director Williams said the only people that would ever benefit by serving on the board, would be the mayor, say like Bobby Ferguson. He said he had no idea that asking for the minutes.doc 14

15 6-1 and serving 2 years instead of 4 years, he would be eliminated from receiving a pension like Bobby Ferguson and the rest of them who have served less that him. Mayor Shipp asked if anyone else in the audience had additional questions or comments for the board. No one came forward; and the Mayor asked if any of the Board Members had further questions or comments. There being no response the Mayor moved to the next item on the agenda. ADJOURNMENT: 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. 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 15