REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS APRIL 20, 2009

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1 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS APRIL 20, 2009 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 7:00 PM on April 20, 2009 with the following members present: Mayor Horace G. Shipp, and Directors Ruth Penney Davis, Laney J. Harris, James Mike Jones, and Londell Williams. Also present were City Manager Harold E. Boldt, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. Assistant Mayor Chad Dowd and Director Sue Johnson were absent. INVOCATION: The invocation was given by Director Londell Williams. PLEDGE OF ALLEGIANCE: Director Londell Williams led everyone in the Pledge of Allegiance. NATIONAL HISTORIC PRESERVATION MONTH PROCLAMATION: Mayor Shipp spoke briefly in regard to the Texarkana, Arkansas, National Historic Preservation Month Proclamation. The proclamation declared May 2009, as National Historic Preservation Month. This Place Matters was the theme of National Preservation Month He stated the City of Texarkana, Arkansas, had many old structures warranting preservation. Mayor Shipp commented the City, and many citizens, work with the Arkansas State Historic Preservation group and participate in the National Historic Preservation activities. He read the proclamation in its entirety minutes.doc 1

2 CITY BEAUTIFUL COMMISSION PRESENTATION REMOVED: Mayor Shipp said, although City Beautiful Commission Member Danny Lewis was present and prepared, he has asked that his item be removed from tonight s agenda to be placed on a future agenda. CONSENT AGENDA: Director Davis asked that item, 6B be removed from the consent agenda. Mayor Shipp announced that item 6B, a resolution approving the request for an annual "Sparks in the Parks" event on Saturday, July 4, 2009 and further authorizing the City Manager to enter into a contract with the fireworks vendor, Pyrotecnico, would be removed from the consent agenda for further discussion. Director Davis, seconded by Mayor Shipp moved to have the item removed. The motion carried unanimously. Director Jones moved to approve the revised consent agenda. The motion was seconded by Director Davis and carried unanimously. The items approved by consent were: MINUTES: The minutes approved were of the regular meeting of April 6, RESOLUTION NO. 5596: Resolution No resolution authorizes and directs the City Manager to enter into a contract with Amon Rashidi of Dallas, Texas, for professional services as the Facilitator for YouthBuild Texarkana for the period of February 1, 2009, through November 30, 2009, at a cost not to exceed $24, RESOLUTION NO. 5597: Resolution No authorizes and directs the Police Department to prepare and submit a grant application to continue funding for the Violence Against Women Act (STOP & VOCA) grant. The grant will provide salary and fringe benefits for an investigator and a case coordinator for the investigation of domestic violence cases, with the federal share of the total budget being $84, and the local match being minutes.doc 2

3 $27, This will be funded by using the salary of a second investigator assigned to investigate domestic violence cases on a part-time basis. REGULAR AGENDA: RESOLUTION NO. 5598: Resolution No was read in its entirety. Said resolution grants permission to the City of Texarkana, Arkansas Fireworks Committee for second annual Sparks in the Park 2009 event at Four States Fair Grounds on Saturday, July 4, 2009 at 4:00 PM. The festival will promote economic activities at the Four States Fair and community involvement and interaction. This resolution also directs the City Manager to execute a contract with Pyrotecnico, a Louisiana LLC ( Protecnio ) to conduct the fireworks display. Director Davis asked how Texarkana, Arkansas can afford to do the Sparks in the park fireworks event and she also asked who was on the fireworks committee. Mayor Shipp asked the City Manager, Mr. Harold Boldt to state who was on the fireworks committee. City Manager Harold E. Boldt gave a list of people who are on the Fireworks Committee: the CEO of Four States Fair, Finance Director, Fire Chief, Human Resources Tech, Police Chief, Special Ops Sergeant, Service Commander, Division Commander, Assistant Service Commander, Public Works Director, two individuals from GAP Broadcasting, and Media Manager. Director Davis asked Finance Director Rebecca Harris to give a breakdown costwise on the, Sparks in the Park. Ms. Harris commented, $23,000 would be the only cost to the city of Texarkana, Arkansas for fireworks. Director Davis asked Ms. Harris where those funds would come from. Mrs. Harris stated, $23,000 would come strictly from the General Fund and Advertising and Promotions (A&P) funds. Any additional costs would come from Gaff Broadcasting and Four States Fair, if the city needs financial assistance minutes.doc 3

4 Director Davis commented, with the rising cost on everything, can the city of Texarkana, Arkansas really afford to spend $23,000 thousand on fireworks? Mrs. Harris stated, last year the fireworks cost was $20,000 thousand. Last year, the Sparks in the Park was less expensive, due to the event being held on the fifth of July rather on the fourth of July. This was the biggest event in Texarkana, Arkansas. Director Davis asked Mrs. Harris if an economic impact study was conducted. Mrs. Harris commented, she was not aware of an economic impact study, but would follow-up the study. Director Harris asked if the city could charge a small admission fee for the fireworks display. Ms. Harris said, a small charge was considered, but it was voted down. Mr. Harold Boldt stated, twenty-five thousand people attended last year s event. In the future, city staff is expecting to have an excellent event. Director Williams, seconded by Mayor Shipp, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Harris, Jones, Williams, and Shipp voted aye; Director Davis voted nay. The Mayor declared the resolution adopted, as there were four ayes and one nay. ORDINANCE NO. L-347-WATER AND SEWER RATE ADJUSTMENT-REPEAL DENIAL: An ordinance was introduced to be entitled, "AN ORDINANCE REPEALING ORDINANCE NO. L-347 AND FOR DECLARING AN EMERGENCY REGARDING THE EFFECTIVE DATE OF THIS ORDINANCE". Said ordinance would have repealed Ordinance No. L-347, which amended Chapter 26, Article II, Sections and 26-29, Code of Ordinances of the City of Texarkana, Arkansas, and adopted a new fee schedule effective date of April 1, The fee schedule approved by Ordinance No. L-347, increased water and sewer rates charged by Texarkana Water Utilities by 20% in the case of water rates and 15% in the case of sewer rates would be repealed along with the ordinance minutes.doc 4

5 Mayor Shipp recognized Ward 2 Director Laney J. Harris who stated, all citizens should be allowed to be heard. At the last board meeting, Mr. Dewayne Hall had some concerns about citizens rights not being heard. Director Harris granted Mr. Hall an opportunity to express his concerns to the board. Dewayne Hall, 2303 College Street, thanked Director Harris for the opportunity to address the board tonight. Mr. Hall stated, he was rising in support for reduction of Texarkana, Arkansas water and sewer rates. He would like the board to take a difficult stand and vote with the citizens of Texarkana, Arkansas for an overwhelmingly desire for lower water bills. Mr. Hall also asked, the board to reconsider their recent vote on the water and sewer rates. John Murphy, 1000 Jefferson, commented, he supported the water and sewer rate increase. He supported the higher water and sewer rates and witnessed Texarkana Water Utilities (TWU) employees working on the aging water system daily. Texarkana Water Utilities Department has not given raises to their employees, they have not bought pick-up trucks in five years, or other needed equipment in ten years. Ann Winger, 600 Hickory, commented she received a neighbor s TWU bill in the mail by mistake. Ms. Winger received her TWU bill and was charged a higher rate than the neighbor s water and sewer bill and she also wanted to know why her water and sewer rates increased thirty-one percent in five years. Ms. Winger also asked why does the water in Hope, Arkansas smell and taste better than the water in Texarkana, Arkansas. Mayor Shipp asked the audience if anyone would like to speak. Brady Johnson, 1418 Olive, stated he agreed with Ms. Winger statement, the water in Texarkana, Arkansas tastes bad and is undrinkable. Mr. Johnson asked the board, to look at the facts presented tonight and listen to the people. Director Davis commented, she voted against the higher water and sewer rate increase. As elected official, Director Davis represented the citizens in Ward 1 and will continue supporting them, whether they agree or disagree minutes.doc 5

6 Texarkana Water Utilities Executive Director Bill King stated, he disagreed with Mr. Hall s statement that TWU paid for roads. TWU spent considerable amount of funds in moving utilities making way for the Arkansas Highway Department projects. TWU does not have any control over the Arkansas Highway Department projects, and those are the only road projects TWU has spent money. Mr. King apologized to the citizens for the bad odor and taste of the water. Mr. King agreed, the water treatment facilities on New Boston needed upgrades. He said that is where the bad odor and taste originates. Currently, TWU was addressing the bad taste and odor problem, by using all of the treatment facilities. TWU, currently operates the Millwood plant sixteen hours a day to improve the taste of water and help reduce the problem. Fifty percent of TWU s entire budget goes to staff salaries and benefits to provide services to the citizens of Texarkana, Arkansas. If the TWU water and sewer rates are rescinded, staff salaries, services supplies, and equipment will be cut. TWU, as we know it, may cease to exist without the infusion of additional funds. The City of Texarkana, Arkansas and the City of Texarkana, Texas, will have to develop their own water and sewer service and the citizens of both cities would be charged a higher rate than what they pay now. Mr. King strongly urged the board, to think before rescinding the water and sewer rates. Director Harris asked, Mr. King how often the water towers were cleaned, especially the College Hill Water Tower. Mr. King stated, the water towers are cleaned periodically, once every few years. Director Davis asked Mr. King if he provided a profit and loss summary at the end of each month to the City Managers of Texarkana, Arkansas or Texarkana, Texas when requested. Texarkana Water Utilities Finance Director Webb Stanley commented, yes, he could provide a profit and loss for each month. Director Davis asked, if either Mr. Stanley or Mr. King had a clothing allowance. Mr. Stanley stated, no, they did receive a clothing allowance. Mayor Shipp asked the audience if there were any other questions for Mr. Stanley minutes.doc 6

7 Ms. Winger asked if someone from the Water Utilities could explain the difference in the two water bills presented. Texarkana Water Utilities Customer Service Manager Cyndi Tyree stated, the difference between Ms. Winger s TWU water and sewer bill and Ms. Winger neighbor s bill was, individual tenants living at 605 Hickory Street, do not pay a refuge charge. The refuge charge was paid by the property owner. One of the two TWU bill amount was for five days and the other bill was for one month, pro-rated by the number of days a tenant lives resides at the apartment. Mr. Stanley commented, TWU has seven bond issues, basically bond indenture. TWU are required to provide funds for those bond issues. Funds are placed in a service account every month, to have available as needed for the semi annual payment dates. TWU also has $700,000 in a reserve fund in association to the seven bond issues. TWU had three million dollars at the end of fiscal year 2008, from the three million, $270,000 are unrestricted funds to use, for salaries and other expenses. Director Williams stated, he voted for the water and sewer rate increase, because TWU employees would lose their jobs and citizens would lose many TWU services if the increase was voted down. Director Davis asked if a lift station fails, it would be a problem for TWU to address, not the board. Director Williams stated, TWU assisted Mr. Hall, personally, at no charge when his sewer backed up at his residence. Mr. Hall said, TWU flushed sewer into his home. He contacted TWU for instructions on what to do. TWU assisted with the problem, with no charge. Mayor Shipp stated the board has to make a decision, to either cut services or increase the rates. Director Williams asked, if anyone wanted to build a new water line to Red River. If so, he commented, it will cost millions of dollars minutes.doc 7

8 Mayor Shipp commented Director Johnson was not present at tonight s meeting, due to the fact she had surgery today. He said he was not sure why Assistant Mayor Chad Dowd was absent tonight. Mayor Shipp briefly explained the ordinance must be read three times before being approved. The Board has the option of voting to have an abbreviated, caption only reading, and then the Board votes to suspend the rules and put the item on the next reading, but to suspend the rules and proceed to the next reading two-thirds of the entire board must vote in favor. Therefore, the five board members present of the total seven board members would have to vote in favor of suspending the rules for the item to precede to the next readings. Director Harris moved to have the ordinance read. The motion was seconded by Director Davis and carried unanimously. Director Harris moved to have the ordinance not only read, but in abbreviated form. The motion was seconded by Director Jones and carried unanimously. The ordinance was read the first time. Mayor Shipp moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Jones. The Clerk called the roll and the following vote resulted: Directors Davis, Harris, Jones, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Mayor Shipp then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Jones. The Clerk called the roll and the following vote resulted: Directors Davis, Harris, Jones, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were five 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 and Harris voted aye; Directors minutes.doc 8

9 Jones, Williams, and Shipp voted nay. The Mayor declared the ordinance failed, as there were two ayes and three nays. He commented a majority of board (ACA ), four of the total seven members of the board, would have had to vote aye to approve the repeal of Ordinance No. L-347. MEETING RECESS: The Mayor announced that the Board would take a five (5) minute recess. MEETING RECONVENED: The meeting was reconvened by Mayor Shipp. RESOLUTION NO. 5599: Resolution No was read in its entirety. Said resolution accepts the low bid and authorizes and directs the City to enter into a contract with M. Hanna Construction Company, Inc., Lawrence, Kansas, for construction of Crossroads Parkway and McDonald Lane Phase 2, in the amount of $2,120, plus a 5% construction contingency of $106,000 for a total not to exceed $2,226, City Manager Harold E. Boldt stated, the Crossroads Business project was in the Sugar Hill Road area, North of I-30, East of Stateline, along Mount Olive, by I-49, wraps around Trinity Sub division, and back to the I-30. We submitted the Economic Growth Report to the State of Arkansas Economic Commission, and without their approval we could not move forward. An independent study was conducted at the University of Arkansas in Little Rock. We reviewed retail economic growth, and wanted to know when the City of Texarkana, Arkansas could expect to receive property tax. Property taxes in the future will provide more projects, such as sidewalks and parks. Dan Boyles, Engineer with Murray, Thomas & Griffin, Inc., commented they have been accepting bids since the first of February 2008; six bids total. Four of the bids were within five percent of one another. They were checking the construction companies references. The construction will be similar to the Crossroads Parkway now. Director Harris asked, Mr. Harold Boldt, how much money the Crossroads Parkway project cost minutes.doc 9

10 Mr. Boldt stated, we have $800,000 from the Economic Development Association and bond funds. Director Harris commented, when were the funds available. Mayor Shipp commented, September Mr. Boldt agreed with Mr. Shipp, funds were available six months ago. Mayor Shipp stated, the City of Texarkana, Arkansas received a $1.5 million economic growth grant. Director Davis commented, in order to pay back to the bonds, will the funds come from the Advertising and Promotions Commission. Mr. Boldt said, no, the funds would come from existing franchise fees. Mayor Shipp asked what the condition of the existing roads at Crossroads Parkway were. Mr. Boldt, commented, the City of Texarkana, Arkansas, included the drainage problem costs adjacent to the Links apartments. Public Works Director Paul Hackleman commented, pending Phase One Crossroads Parkway, at the MacDonald intersection and then on to Jefferson Avenue, the workable project will have franchise utilities, associated drainage work, and water and sanitary sewer lines. Street lights will also be installed along I-30 to MacDonald Lane, then on to Jefferson Avenue. As Mr. Boldt mentioned earlier, the State of Arkansas is working on MacDonald Lane on the East side. Then we will be able to get into the Castle Oaks Sub Division. Director Davis asked, how did the City of Texarkana, Arkansas get the State of Arkansas consent to build a street. Director Jones asked, if funds were already appropriated for this project. If so, I would like to make a motion to vote yes. No one else came forward. The Mayor asked if any one on the board or in the audience had any further comments. There being no response the Mayor, Board Director Jones has made a motion minutes.doc 10

11 Director Jones, seconded by Director Williams, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Davis, Jones, Williams, and Shipp voted aye; Director Harris abstained. The Mayor declared the resolution adopted, as there were four ayes and one abstention. PUBLIC HEARING: Mayor Shipp opened a public hearing to receive comments regarding the use of Byrne Justice Assistance Grant Program monies for the Police Department. Mayor Shipp spoke briefly stating, the Texarkana Police Department has been receiving money through the Department of Justice (DOJ) LLEBG Block Grant Program for many years. They are requesting permission to submit the 2009 application, and enter into an Inter-local Agreement with Miller County concerning the division of the funds. This year we are eligible for a new grant Byrne Justice Assistance Grant Program or JAG in the amount of $314,707 dollars to be split with Miller County. Unless both City and County agree to the disparate certification resolution for Texarkana/Miller County neither governmental agency will get anything. Miller County has agreed to take $78,677 dollars as their share to resolve the disparate certification. This is approximately at 75/25 split. The Police Department proposes to put their share of the money ($236,030) towards the purchase of 9 squad cars, approximately 14 desktop/laptop replacement computers, 7 Digital Mobile Vision cameras for patrol units, 1 Ballistic blanket (used in patrol for high risk situations), 1 night vision/thermal imaging device for patrol operations, a replacement sniper rifle for SWAT, and a computer server to replace the agency s aged, almost full, server. When the grant is awarded the city can immediately draw down the money, and let it draw interest until used. A public hearing was part of the grant process to see if there was any public opposition to the use of this money. Public recommendations are non-binding. There is no local match requirement for the JAG funds minutes.doc 11

12 Mayor Shipp asked Police Chief Bob Harrison, if he had any additional comments. He said he had no further comments, he felt the item was thoroughly reviewed. Mayor Shipp declared the public hearing open and asked if anyone in the audience or board members had questions or comments concerning this item. No one else came forward; therefore the Mayor Shipp declared the public hearing closed. RESOLUTION NO. 5600: Resolution No was read in its entirety. Said resolution authorizes the City Manager to execute a Memorandum of Understanding (MOU) with Miller County, regarding the Byrne Justice Assistance Grant (JAG). Director Jones, seconded by Director Williams, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Davis, Harris, Jones, Williams, and Shipp voted aye. The Mayor declared the resolution adopted, as there were five ayes and no nays. CITIZEN COMMUNICATION TIME: Mayor Shipp asked if anyone in the audience had questions or comments for the board. No one came forward; and the Mayor asked if any of the Board Members had questions or comments. There being no response the Mayor moved to the next item on the agenda. ADJOURNMENT: There being no further business to come before the Board, on motion duly made, seconded, and unanimously carried, the meeting adjourned. Horace G. Shipp, Mayor minutes.doc 12

13 ATTEST: Patti Scott Grey, City Clerk minutes.doc 13

14 Immediately following the April 20, 2009 Texarkana, Arkansas Board of Directors Meeting, City Manager Harold E. Boldt asked that the following attached information become part of the official minute records:---- CM wants addition TWU info added---- TWU info added after okaying attachment from TWU s Pamela White minutes.doc 14

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REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MAY 15, 2000

REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MAY 15, 2000 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 7:00