CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Approval of Minutes of the regular meeting March 20, 2017 (Tabled April 3, 2017) and April 3, 2017. (CCD)

AGENDA DATE:  April 3, 2017

ITEM#:  7A

DEPARTMENT: City Clerk

DATE SUBMITTED: April 4, 2017

PREPARED BY:  Heather Soyars

SUBJECT:  Board meeting minutes.

EXHIBITS:  Minutes

APPROVAL: 

 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY:  Board meeting minutes.

BOARD ACTION:  The City Clerk recommends Board approval.

EMERGENCY CLAUSE:  No emergency clause is requested. 

REGULAR MEETING OF THE

BOARD OF DIRECTORS

OF THE CITY OF TEXARKANA, ARKANSAS

MARCH 20, 2017

__________________________________

MEMBERS PRESENT:

The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 6:00 PM on Monday, March 20, 2017.

ROLL CALL:

Mayor Ruth Penney Bell asked the Clerk to call the roll and the following Board Members were present:  Mayor Bell, Assistant Mayor Barbara S. Miner, and Directors Laney J. Harris, Tim Johnson, Travis Odom, Terri Peavy and Linda Teeters.  Also present were City Manager Kenny Haskin, City Attorney George M. Matteson and City Clerk Heather Soyars. 

Mayor Bell asked it be duly noted there was a quorum present for tonight’s meeting.

INVOCATION:

The invocation was given by guest of Director Harris, Texarkana Chamber of Commerce President/CEO Mike Malone.

PLEDGE OF ALLEGIANCE:

Director Harris led everyone in the Pledge of Allegiance.

COMMENTS FROM THE MAYOR:

Welcome:

            Mayor Bell welcomed everyone to tonight’s meeting.

Board Meeting Procedure:

Mayor Bell briefly reviewed the board meeting procedures and pointed out the Agenda Item Cards, Citizens’ Communication Cards, and agendas along the rail for tonight’s Board meeting.  The Mayor asked any audience member interested in speaking at tonight’s Board meeting to complete one of the cards and turn the card in to the City Clerk.  She said this would help run an organized meeting and allowed the Clerk to have the necessary information for the meeting minutes.  She stated any citizen may comment on any item on the agenda and express their desires, but would be limited to five minutes.

Ross Cowling Day:

Mayor Bell read a proclamation announcing March 20, 2017, as “Ross Cowling Day.”  She said Mr. Cowling was the City’s Park Superintendent and he recently was awarded the Henry Award for being the Arkansas volunteer of the year. 

Aviation Maintenance Technician School:

            Mayor Bell said she, Director Peavy and City Manager Kenny Haskin, recently toured Southern Arkansas University Tech – Texarkana Campus Aviation Maintenance Technician School.  Students from area high schools, grades 10-12, could attend the program for college credits.  Once they successfully completed this program, they would satisfy the training and experience requirements of the Federal Aviation Regulations for airframe and/or power plant certificate ratings.

QUESTIONS FROM DIRECTORS AND OTHER BUSINESS:

            Mayor Bell asked if the Directors had any questions or comments.

            Director Harris said he attended President Trump’s 2018 Budget Plan meeting in Washington, DC, on March 15, 2017.  Director Harris also met with Arkansas Senator Tom Cotton and other Arkansas officials and he brought to their attention how the proposal would affect the poor neighborhoods in the City of Texarkana, Arkansas.  The proposal would eliminate Community Development Block Grant (CDBG) funding and would cut Housing for Urban Development by $6 billion dollars.  He said it would greatly affect his ward and the poor people of Texarkana and the State of Arkansas.  Director Harris said if the proposed plan was put in place, it might result in a short fall of money for the City.  He also spoke with Senator John Boozman who said the plan was just a proposal.  It still had to be voted on.  Director Harris hoped citizens would call the Senators and Representatives for the State of Arkansas and tell them how the City used the money each year and how the short fall of money would be damaging to the City of Texarkana, Arkansas. 

            Mayor Bell asked Mr. Harris if he went to Washington, DC, with the Arkansas Municipal League delegation.

                Director Harris said yes.  He said with only a $1,200 travel budget, he was not able to pay the registration fee, but this was a fight for another day.  He was limited to

two meetings and he attended the HD meeting on Sunday.

            Mayor Bell asked Director Harris what HD stood for.

            Directors Harris said is stood for Human Development. 

            Mayor Bell thanked Director Harris for letting the Board know what he had done.

          No one else came forward.

CONSENT AGENDA:

Director Odom moved to approve the consent agenda.  The motion was seconded by Director Harris and carried unanimously.  The items approved by consent were:

MINUTES:

The minutes approved were of the regular meeting March 6, 2017.

RESOLUTION NO. 2017-15:

Resolution No. 2017-15 authorized the City Manager to execute a contract for the Millwood Water Treatment Plant Sludge Ponds Cleaning Project with Denali Water Solutions, LLC, of Russellville, Arkansas.

REGULAR AGENDA:

ORDINANCE NO. 10-17:

An ordinance was introduced to be entitled, “An Ordinance Amending, Updating And Revising Portions Of Chapter 5 Of The Code Of Ordinances Of The City Of Texarkana, Arkansas; And For Other Purposes”.  Said ordinance amended, updated and revised the City Code of Ordinances relating to animals; confinement of dogs; restriction of permanently chaining; tethering a dog; implementation and enforcement of regulations; etc.   

Mayor Bell said this was to be the third reading of the ordinance.  She asked if any Board or audience member had any questions or comments concerning this item. 

Vivien Hibbert, 904 East 12th Street, spoke in favor of the ordinance saying she had lived in Texarkana, Arkansas, for three years and she wanted to speak on behalf of her next door neighbor’s dog, Mike.  She said 30% of children killed by dogs in this country were killed by dogs that lived their life on a chain.  Ms. Hibbert wanted to make sure the responsibility of the dogs was in the hands of the Animal Control Officers and not irresponsible pet owners like her neighbor.  She liked her neighbor and did not want him in trouble, but he was an irresponsible pet owner.  Ms. Hibbert said she read in the newspaper that Director Harris would vote against this ordinance and she asked him to reconsider.  She thanked the Board for their time. 

Director Peavy asked what percentage of dogs killed children.

Ms. Hibbert said the CDC studies she had said 30% of all the children killed in this country by dogs were dogs that had been chained.

Mayor Bell said ordinarily she would have stopped Ms. Hibbert from talking because the Board did not want the Directors called out, but she knew this was very emotional for Ms. Hibbert so she did not want to stop her.

Ms. Hibbert apologized. 

Director Harris said in Article 2 of the Declaration of Rights Section 15 of the Arkansas Constitution stated:  The right of the people of this State to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue, except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.  He said when you took the rights away from someone; you would eventually take the rights away from everyone. 

Assistant Mayor Miner moved the ordinance be read in abbreviated form and the ordinance be placed on its third and final reading.  The motion was seconded by Director Odom.  The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Miner, Odom, Peavy, Teeters, and Bell voted aye.  The Mayor declared the motion carried, as there were seven ayes and no nays.

The ordinance was read the third and final time in abbreviated form.

Director Odom made the motion to adopt the ordinance.  The motion was seconded by Director Johnson.  The Clerk called the roll and the following vote resulted: Directors Johnson, Miner, Odom, Peavy, Teeters, and Bell voted aye.  Director Harris voted nay.  The Mayor declared the ordinance adopted, as there were six ayes and one nay.

ORDINANCE TO REVISE FEE – FIRST READING:

An ordinance was introduced to be entitled, “An Ordinance Amending, Updating And Setting Fees For Certain Services Provided By The City Of Texarkana, Arkansas; And For Other Purposes”.  Said ordinance revised fees of the Animal Care and Adoption Center and the Fire Department.   

Finance Director TyRhonda Henderson said this item was to amend Chapter 5, Animals and Fowl, of the Code of Ordinances and to approve the revised fee schedule.  This amendment would increase the attached list of fees for the Animal Care and Adoption Center.  These increases would generate an additional $79,000 in revenue for the City’s General Fund over a 12 month period.  This item was also to amend Chapter 9, Fire Prevention and Protection, of the Code of Ordinances and to approve the revised fee schedule.  This amendment would increase the attached list of fees for the Fire Department.  These increases would generate an additional $21,000 in revenue for the City’s General Fund over a 12 month period.  The City Manager recommended approving the revised fee schedules.

Director Harris said he did not attend the workshop this ordinance was pertaining to, but he knew the issue was brought up if the fees should be based on the population of the city because different cities had a different effect on the dog pound.

Ms. Henderson said at the workshop it was decided amongst the Board to go with the proposal but the City Attorney felt it was not in the best interest of the City to have a graduated plan instead of a flat fee. 

City Attorney George M. Matteson said there were two reasons one, was the equal protection problem, to make sure everyone was treated the same and two, the fee was designed to recoup the expense and this would reimburse providing the service.  

Director Harris said in a recent Freedom of Information Act request, he thought Texarkana, Texas, had several more dogs brought to the Animal Care and Adoption Center versus the City of Nash, Texas.  He thought Texarkana, Texas, should be obligated to pay more since more dogs from the Texas-side were at the Animal Care and Adoption Center.   

Director Teeters said she agreed with Director. Harris but we were taking in more money from Texarkana, Texas, with the flat rate.  For example, from Nash, Texas, we may take in 7 dogs and this would be $70.00 a day.  If we were to take 42 animals from Texarkana, Texas, this would be $420.00 a day.  She said with the flat rate it would be fair to everyone and we would take in more from Texarkana, Texas, but it would be based on the number of dogs not the size of the city. 

Director Harris said he did not agree with Director Teeters because if you looked at the money we got back from the State, we got money based on population.  He also asked if the area cities had been notified about the increase.

City Manager Kenny Haskin said yes.  Texarkana, Texas, had been notified and the other cities would be notified if this ordinance was approved.

Mayor Bell asked if any Board or audience member had any questions or comments concerning this item.  No one came forward.

Director Johnson moved the ordinance be read in abbreviated form and the ordinance be placed on its first reading.  The motion was seconded by Director Odom.  The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Miner, Odom, Peavy, Teeters, and Bell voted aye.  The Mayor declared the motion carried, as there were seven ayes and no nays.

The ordinance was read the first time in abbreviated form.

Director Johnson said he was in favor of having the second reading of the ordinance at the next meeting.  He said in light of the views expressed from the past questioning our speedy and legal fast tracking of ordinances, he did not see anything particularly urgent about this ordinance.

Mayor Bell said she did not think the ordinance would stir any controversy.  She said after Ms. Henderson’s research was done, all the fees were really less than other cities’ fees.  Mayor Bell said the ordinance would be delayed and not fast tracked even though she did not anticipate any controversy.  The ordinance would be read again next month.   

PUBLIC HEARING REGARDING ALLEY ABANDONMENT:

            Mayor Bell opened the public hearing.

            Interim City Planner Mary Beck said a petition to abandon an undeveloped alley located in Fouke’s Addition, Block 2 that contained no utilities and was a located where no utilities were planned was made to the City on December 29, 2016.  The alley ran east to west from Kirby to Draughn Streets and was located between Dudley Street and the undeveloped Maud Street.  Following public notice, a canvassing of 5 utilities was made.  No objections to the abandonment had been received and there were utilities in the right-of-way and no utilities were planned to be placed in the right-of-way.  The Planning Commission certified recommendation to approve after a motion by Vice-Chairman George Coker, seconded by Commissioner Bertha Dunn, with a roll call vote of 4-0 to approve with no opposition and 3 commissioners absent.

            Director Harris asked Ms. Beck to describe how the alley was divided when it was abandoned. 

            Ms. Beck said the ordinance stated 50% went to each side of the property owners.  She believed the alley was a 10 foot alley, 5 feet would go to the north side and 5 feet would go to the south side for the length of the lot. 

            Director Teeters asked how many lots were in the alley. 

            Petitioner, Ralph Fuller said there were 8 properties.  The Apostolic Lighthouse Church owns 2.5 lots on the north side, his sister owned half of the next lot, he and his brother owned half of the next lot, and Mr. Richard owned half of the next lot.  Mr. Fuller said there was 10 feet on the north side and 10 feet on the south side, and they all owned the property on both sides of the alley.

            Ms. Beck said the alley had never been constructed so some of the properties went through the alleyway.  She said Mr. Fuller’s shed was constructed in the alleyway.  There was not a separate property owner on the other side of the alley.

            Mayor Bell asked if most of the alleyway was shared.

            Ms. Beck said most of the alleyway was not shared.

            Mr. Fuller said half of the alleyway was shared and the other half was not.

            Ms. Beck said it was split into a little different formation than what was originally platted.   

            Mayor Bell closed the public hearing.

ORDINANCE NO. 11-17:

An ordinance was introduced to be entitled, “An Ordinance Providing For The Vacation And Abandonment Of An Undeveloped Alley Right-Of-Way Located In Fouke’s Addition, To The City Of Texarkana, Arkansas; And For Other Purposes”.  Said ordinance abandoned an undeveloped alley lo located in Fouke’s Addition, Block 2. .   

Mayor Bell asked if any Board or audience member had any questions or comments concerning this item.  No one came forward.

Director Harris moved the ordinance be read in abbreviated form and the ordinance be placed on its first reading.  The motion was seconded by Director Teeters.  The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Miner, Odom, Peavy, Teeters, and Bell voted aye.  The Mayor declared the motion carried, as there were seven ayes and no nays.

The ordinance was read the first time in abbreviated form.

Director Harris moved the ordinance be read in abbreviated form 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 Harris, Johnson, Miner, Odom, Peavy, Teeters, and Bell voted aye.  The Mayor declared the motion carried, as there were seven ayes and no nays.

The ordinance was read the second time in abbreviated form.

Director Harris moved the ordinance be read in abbreviated form and the ordinance be placed on its third and final reading.  The motion was seconded by Director Johnson.  The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Miner, Odom, Peavy, Teeters, and Bell voted aye.  The Mayor declared the motion carried, as there were seven ayes and no nays.

The ordinance was read the third and final time in abbreviated form.

Director Johnson made the motion to adopt the ordinance.  The motion was seconded by Assistant Mayor Miner.  The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Miner, Odom, Peavy, Teeters, and Bell voted aye.  The Mayor declared the ordinance adopted, as there were seven ayes and no nays.

CITIZEN COMMUNICATION:

            Mayor Bell asked if anyone in the audience would like to speak, on any subject up to a total of five minutes.

            No one came forward.

EXECUTIVE SESSION:

Mayor Bell announced the Board would recess into Executive Session.

MEETING RECONVENED:

The meeting was reconvened by the Mayor following the Executive Session.

ADJOURNMENT:

Director Johnson, seconded by Director Odom, moved to adjourn the meeting.  The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Miner, Odom, Peavy, Teeters, and Bell voted aye.  The Mayor declared the meeting adjourned, as there were seven ayes and no nays.

The meeting adjourned at 7:06 PM.

 

 

 

_______________________________

Ruth Penney Bell, Mayor

ATTEST:

 

_____________________________

Heather Soyars, City Clerk


REGULAR MEETING OF THE

BOARD OF DIRECTORS

OF THE CITY OF TEXARKANA, ARKANSAS

APRIL 3, 2017

__________________________________

MEMBERS PRESENT:

The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 6:00 PM on Monday, April 3, 2017.

ROLL CALL:

Mayor Ruth Penney Bell asked the Clerk to call the roll and the following Board Members were present:  Mayor Bell, Assistant Mayor Barbara S. Miner, and Directors Tim Johnson, Laney J. Harris, Travis Odom, Terri Peavy and Linda Teeters.  Also present were City Manager Kenny Haskin, City Attorney George M. Matteson and City Clerk Heather Soyars. 

Mayor Bell asked it be duly noted there was a quorum present for tonight’s meeting.

INVOCATION:

The invocation was given by Kaden Lloyd, a member of Boy Scout Troop 13 from Hardy Memorial United Methodist Church, and guest of Director Tim Johnson.

PLEDGE OF ALLEGIANCE:

Boy Scout Troop 13, guest of Director Tim Johnson, led everyone in the Pledge of Allegiance.

COMMENTS FROM THE MAYOR:

Welcome:

            Mayor Bell welcomed everyone to tonight’s meeting.

Board Meeting Procedure:

Mayor Bell briefly reviewed the board meeting procedures and pointed out the Agenda Item Cards, Citizens’ Communication Cards, and agendas along the rail for tonight’s Board meeting.  The Mayor asked any audience member interested in speaking at tonight’s Board meeting to complete one of the cards and turn the card in to the City Clerk.  She said this would help run an organized meeting and allowed the Clerk to have the necessary information for the meeting minutes.  She stated any citizen may comment on any item on the agenda and express their desires, but would be limited to five minutes.

Boy Scout Troop 13:

            Director Tim Johnson introduced Boy Scout Troop 13.  The leaders were Shane Richardson, Bill Smith, and Don Mende.  Scouts present were Trent Chisholm, Cade Cunningham, Chris Goff, Andrew Green, Peyton Greene, Caleb Hackleman, Kenny Harris, Lincoln Jackson, Kaden Lloyd, Whitten Maness, Shiloh Mende, Denver Murray, Caleb Neal, Hunter Phillips, Owen Priestley, Mathieu Sexton, Colton Smith, and Peyton Stringer. 

            Mayor Bell said some of the scouts were working on their 2nd Class Rank Requirements and others were working on their Communication Badge.

Scott Joplin Festival:

            Mayor Bell said there was a lot of coverage today in the Gazette regarding the music celebration this past weekend.  She said Texarkana had a very rich musical history.  Scott Joplin went to school in Texarkana right off 9th Street.  Mayor Bell said we all needed to learn about and be aware of our heritage.  She said she read a proclamation at the Scott Joplin mural on Saturday, and she hoped this was just the beginning of a celebration and it would continue through the years.  She also said the Municipal Auditorium was the stage where Elvis Presley, Jerry Lee Lewis, May West, and Johnny Cash had performed.  She said we had a rich heritage and it needed to be preserved.  The Walk of Fame Park was located beside the Fire Station and she hoped one day to reclaim the Municipal Auditorium for what it was originally intended.   

New Squad Cars:

            Mayor Bell said she noticed a new Texarkana, Arkansas Police Department (TAPD) squad car and she was very impressed and gave the Police Officer a thumbs up. 

            Police Chief Bob Harrison said it was the first new squad car out of 10 that were anonymously donated to TAPD. 

QUESTIONS FROM DIRECTORS AND OTHER BUSINESS:

            Mayor Bell asked if the Directors had any questions or comments.

            Director Peavy said she would like to commend the Mayor and the City Manager.  When the citizen first came and presented her concern about the ordinance regarding dogs on chains.  It was encouraging to her to see the City Manager and Mayor did not take the issue lightly and acted on in a timely manner.  She had a lot of positive comments and people saying they were glad the ordinance was passed and glad the issue was handled in a timely manner. 

Mayor Bell said she had equally as many comments and texts. 

          No one else came forward.

PRESENTATION(S):

City Employee Service Awards:

Mayor Bell presented awards to Reginald White, Quincy Hubbard and Mundang Johnson.  They each received a City of Texarkana, Arkansas Employee Service Award and Texarkana, Arkansas City pin.  The awards recognized them all for 5 years of service with Texarkana Water Utilities (TWU) Department.  They accepted the honor and thanked Mayor Bell, the Board of Directors, and the City Manager.

Mayor Bell commented Stanley Kowzic, Larry Bradshaw, Adam Benton, Jr. and Mary Beck were unable to attend tonight’s meeting and she would make sure they received their awards and pins.  Mr. Kowzic, Mr. Bradshaw and Mr. Benton would have been recognized for 10 years of service with TWU; and Ms. Beck would have been recognized for 10 years of service with the Public Works Planning Department.  Mayor Bell thanked all the City employees for their service to the City and its citizens.

Proclamation – Safe Digging Month:

            Mayor Bell read a proclamation for CenterPoint Energy for “Safe Digging Month”.

MINUTES TABLED:

          Director Harris tabled the minutes of the March 20th, 2017, Board of Directors’ meeting.  He said the minutes did not reflect what he had said about attending President Trump’s 2018 Budget Plan meeting as part of the Arkansas Municipal League Delegation.

CONSENT AGENDA:

Assistant Mayor Miner moved to approve the consent agenda.  The motion was seconded by Director Odom and carried unanimously.  The items approved by consent were:

RESOLUTION NO. 2017-16:

Resolution No. 2017-16 authorizing Texarkana Water Utilities (TWU) to contribute a maximum $15,000 per year for administrative expenses associated with the management of TWU.

REGULAR AGENDA:

ORDINANCE TO REVISE FEE – SECOND READING:

An ordinance was introduced to be entitled, “An Ordinance Amending, Updating And Setting Fees For Certain Services Provided By The City Of Texarkana, Arkansas; And For Other Purposes”.  Said ordinance revised fees of the Animal Care and Adoption Center and the Fire Department.   

Mayor Bell asked if any Board or audience member had any questions or comments concerning this item.  No one came forward.

Director Teeters moved the ordinance be read in abbreviated form and the ordinance be placed on its second reading.  The motion was seconded by Assistant Mayor Miner.  The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Miner, Odom, Peavy, Teeters, and Bell voted aye.  The Mayor declared the motion carried, as there were seven ayes and no nays.

Mayor Bell said the third and final reading of the ordinance would be at the next meeting, April 17, 2017.

CITIZEN COMMUNICATION:

            Mayor Bell asked if anyone in the audience would like to speak, on any subject up to a total of five minutes.

            No one came forward.

EXECUTIVE SESSION:

Mayor Bell announced the Board would recess into Executive Session at 6:19 PM.

[Director Odom left the meeting at 7:20 PM]

MEETING RECONVENED:

The meeting was reconvened at 7:25 PM by the Mayor following the Executive Session.

RESOLUTION NO. 2017-17:

Resolution No. 2017-17 was read in its entirety.  Said resolution made appointments to various boards and commissions: 

Board of Adjustment

 

Clyde Boots Thomas

Civil Service Commission

 

Glen Greenwell

Civil Service Commission

 

Matt Keil

Electric Board of Review

 

Thomas Thornsberry

Heating & Air Conditioning Board of Review

 

Thomas Bui

Library Board

 

Linda Cogbill

Library Board

 

Sarah Meredith

Library Board

 

Junie Young

Plumbing Board of Review

 

Robert Johnson

Plumbing Board of Review

 

Cliff Roberts

Assistant Mayor Miner, seconded by Director Teeters, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Miner, Peavy, Teeters, and Bell voted aye.  The Mayor declared the resolution passed, as there were six ayes and no nays.

ADJOURNMENT:

Director Johnson, seconded by Mayor Bell, moved to adjourn the meeting.  The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Miner, Peavy, Teeters, and Bell voted aye.  The Mayor declared the meeting adjourned, as there were seven ayes and no nays.

The meeting adjourned at 7:33 PM.

 

 

_______________________________

Ruth Penney Bell, Mayor

ATTEST:

 

_____________________________

Heather Soyars, City Clerk

 Back to Top            Back to Main Agenda Page