REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS JULY 17, 2000

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1 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS JULY 17, 2000 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 7 p.m. on July 17, 2000 with the following members present: Mayor Danny Gray, Assistant Mayor Sue Johnson, and Directors Laney Harris, Thomas Potter, Horace Shipp and Londell Williams. Also present were City Manager Stephen Hughes, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. Director Kathy Dunphy was absent. INVOCATION: The invocation was given by Director Potter. PRESENTATION: Mayor Gray commended General Electric Railcar Repair Service Corporation for its 100 percent compliance with the Texarkana Water Utilities Industrial Pretreatment Program in The Mayor stated this was an unprecedented accomplishment in Texarkana for a facility to achieve 100 percent compliance for five consecutive years. The Mayor asked GE Railcar representatives Bill Benefiel, Terry Ralston, Kevin Sharp, Jerry McKnight, Tommy Chandler, David Duncan, Eddie Jones, Hubert Jones, and Delane Moore to come forward. Mayor Gray then presented a plaque to them in recognition of the company s compliance with the program Minutes 1

2 CONSENT AGENDA: Mayor Gray announced that a resolution authorizing the purchase of a video surveillance equipment receiver for the Police Department would be removed from the consent agenda for further discussion. Assistant Mayor Johnson moved to approve the consent agenda. The motion was seconded by Director Potter and carried unanimously. The items approved by consent were: MINUTES: The minutes approved were of the regular meeting of July 3, RESOLUTION NO. 4523: Resolution No accepts the low and only bid meeting specifications for Fire Department protective clothing as submitted by Casco Industries, Inc., Shreveport, Louisiana. RESOLUTION NO. 4524: Resolution No accepts the low and only bid of $366,835 by Fire Master Apparatus, Inc. for a 75 Aerial Quint-Type Pumper for an amount not to exceed $366,835. RESOLUTION NO. 4525: Resolution No accepts the bid submitted by Blackburn Used Cars to trade three surplus Police Department vehicles plus a $13,900 cash payment for two 1999 used Chevrolet Luminas vehicles. RESOLUTION NO. 4526: Resolution No approves the request by Lesley and Gloria Nelson to conduct a birthday celebration on Saturday, August Minutes 2

3 RESOLUTION NO. 4527: Resolution No accepts the low bid of $78,000 submitted by McCormick Painting Company, Inc., Little Rock, Arkansas, for painting a 500,000 gallon elevated water tank and two washwater storage tanks, the Arkansas portion is $23,000. RESOLUTION NO. 4528: Resolution No accepts the low bid of $94,741 by Smith Equipment Company to clean two sludge ponds at the Millwood Water Treatment Plant. RESOLUTION NO. 4529: Resolution No authorizes the City Manager to enter into an agreement with NRS Consulting Engineers for professional engineering services for the Beech Street and Gateways (I-30 and Highway 82) Enhancement Projects for an amount not to exceed $23,408. RESOLUTION NO. 4530: Resolution No authorizes the City Manager to enter into an agreement with NRS Consulting Engineers for general engineering services, including but not limited to subdivision planning, for an amount not to exceed $20,000. REGULAR AGENDA: RESOLUTION NO. 4531: Resolution No was read in its entirety. Said resolution authorizes an agreement with NS-Microwave East for the purchase of a video surveillance receiver for the Police Department at a cost not to exceed $5, Minutes 3

4 Director Harris stated his concerns about the video surveillance equipment being used in the Weed and Seed area to possibly target a certain group or race of people. He said the operation of such equipment in a predominantly black area could be questioned in Federal Court under Title 42, Section City Attorney Ned Stewart said he did not think that statute would be questioned; it is a discrimination statute, which is limited solely to race discrimination. He said if anything video surveillance might be a civil rights violation. He asked Police Chief Bob Harrison what the purpose of the equipment would be. Chief Harrison stated the purpose of this camera would be to video criminal activity wherever it may be in the City. The Chief said it is commonly referred to as a pole camera. It might be attached to a telephone pole or some other device at an intersection where citizens have made complaints about street corner dealing or gang activity. Assistant Mayor Johnson, seconded by Director Shipp, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Johnson, Potter, Shipp, Williams and Gray voted aye; Director Harris voted nay. The Mayor declared the resolution adopted as there were five ayes and one nay. PUBLIC HEARING: Mayor Gray opened a public hearing to receive comments regarding a proposed ordinance to annex a tract of land totally surrounded by the existing city limits. Carl Jones, an island #51 property owner, asked the Mayor to define an island and if his property was in fact an island. The Mayor briefly defined what constitutes an island and stated that Island #51 was an island surrounded by the Minutes 4

5 City limits. Mr. Jones stated he was not aware of the City expanding in that direction and asked the Mayor what the primary issue was in annexing the property. The Mayor said the City was experiencing growth in that direction, but the motive in this instance was to make sure the City limits is delineated clearly for services and Fire and Police officers in the area. Joseph Neal, an Island #51 property owner, stated he circulated a petition asking that the island not be annexed into the City. He said he did not see a benefit to being annexed. Donald Nix, 1202 Slimer Drive and a property owner in Island #50, said he was not notified by registered mail, as required under Arkansas Code of 1987 Annotated Mr. Nix stated he wanted it entered into the record that he did not want to be annexed at this time. Ron Burnett, an Island #50 property owner, asked the Mayor by what authority the Board would be annexing the islands. Mayor Gray stated the property would be annexed by state statute, which states the City may annex properties that become islands within the city limits of Texarkana, Arkansas by ordinance. Mr. Burnett asked City Attorney Ned Stewart under what condition the properties may be annexed. Mr. Stewart stated there were three ways procedurally property may be annexed: 1) if a tract of land is totally outside the city limits the property owners may put it to a vote; 2) if you have a tract of land adjacent to city property, but is not totally surrounded. The property owners petition to be annexed with a majority of property owners as well as a majority of total acreage; and as in this situation 3) if the tract is totally surrounded by city property, the City has the right to annex it on its on motion Minutes 5

6 Jimmie Suggett, an Island #50 property owner, stated she wanted to be on record voicing her objection to the annexation. Dave Carnley Auto repair, an Island #50 property owner, said he had always lived in the country and was opposed to being annexed. James Lewis, an Island #51 property owner, said he welcomed the addition of the City Police and stated he wanted to be annexed. No one else came forward and the Mayor declared the public hearing closed. ORDINANCE NO. L-10: An ordinance was introduced to be entitled, "AN ORDINANCE WAIVING COMPETITIVE BID REQUIREMENTS AND AUTHORIZING PURCHASE OF EQUIPMENT FOR THE FIRE DEPARTMENT; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Said ordinance authorizes purchase of sixteen self-contained breathing apparatus from Casco Industries, as only source, for a total cost of $36,400. Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Potter 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 Potter. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried as there were six ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion Minutes 6

7 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 Director Potter. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried as there were six 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 Harris, Johnson, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the ordinance passed as there were six ayes and no nays. ORDINANCE NO. L-11: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING SECTION 2-72 OF THE CODE OF ORDINANCES, REVISING THE PURCHASING POLICY. Said ordinance amends the Purchasing Policy to remove the requirement for Board approval of purchases in excess $5, and less than $10,000 and further increases the threshold for documented telephone bids from $100 to $500. Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Potter 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 Shipp. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Minutes 7

8 Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried as there were six 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 Director Shipp. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried as there were six 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 Harris, Johnson, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the ordinance passed as there were six ayes and no nays. ORDINANCE NO. L-12: An ordinance was introduced to be entitled, "AN ORDINANCE RENAMING COUNTY ROAD #392 TO BYRNELL LANE. Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Potter 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 Shipp. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion Minutes 8

9 carried as there were six ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Director 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 Director Potter. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried as there were six 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 Harris, Johnson, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the ordinance passed as there were six ayes and no nays. ORDINANCE NO. L-13: An ordinance was introduced to be entitled, "AN ORDINANCE RENAMING PORTIONS OF NORTHCUTT STREET, E. SHORT 17 TH STREET, AND LINCOLN STREET TO LONOKE AVENUE. Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Potter 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 Shipp. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion Minutes 9

10 carried as there were six ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Director 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 Assistant Mayor Johnson. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried as there were six 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 Harris, Johnson, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the ordinance passed as there were six ayes and no nays. CITIZEN COMMUNICATION: Raleigh Hill, Lonoke Baptist Church Member, expressed his appreciation for the Board s decision of renaming portions of Northcutt Street, E. Short 17 th Street, and Lincoln Street to Lonoke Avenue. OTHER BUSINESS: Director Harris had two concerns: 1) he asked that the sidewalk at the Sandflat/Glendale Center be reconstructed and 2) he asked that the City look at a proposal the county was working on for a new jail. He stated the County would have an election to propose a County Sales Tax for a new jail on August 8th. Mayor Gray stated the Board would review proposals and Minutes 10

11 decide which one to support. The Mayor asked the staff look at the sidewalk and report back as to what the project would entail. Director Shipp stated he had motored down Jefferson Avenue earlier that afternoon and he said he enjoyed the smooth ride and the appealing look of the street. He thanked everyone involved on the City staff and the Board. He stated it was a great improvement to our City. BOARD OF ADJUSTMENT APPOINTMENT: Director Shipp moved, seconded by Assistant Mayor Johnson, to appoint Joe Denmon to the Board of Adjustment, term expiring February 17, ADJOURNMENT: There being no further business to come before the Board, on motion duly made, seconded, and unanimously carried, the meeting adjourned. ATTEST: Danny Gray, Mayor Patti Scott Grey, City Clerk Minutes 11