RESCHEDULED REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS FEBRUARY 21, 2006

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1 RESCHEDULED REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS FEBRUARY 21, 2006 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in rescheduled regular session at 7:00 PM on February 21, 2006 with the following members present: Mayor Horace G. Shipp, Assistant Mayor Londell Williams, and Directors Shirley Bradley, Chad Dowd, and Sue Johnson. Also present were City Manager Charles Nickerson, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. Directors Kathy Dunphy and Weldon Johnson were absent. INVOCATION: The invocation was given by Mayor Shipp. RECOGNITION: Mayor Shipp recognized Alexandra Hubnik, a senior at Texas High School. He commented that she was attending tonight s meeting to fulfill a government class assignment and hoped to attend the University of Houston after graduation. Mayor Shipp welcomed Miss Hubnik to the meeting. Mayor Shipp recognized Boy Scout Josh Caldwell and Scout Master Charles Norton with Troop #102. He commented that Mr. Caldwell was attending tonight s board meeting to meet requirements for his next merit badge. Mayor Shipp welcomed both Mr. Caldwell and Mr. Norton to the meeting. Mayor Shipp commented on having seen several presentations given by Mike Minton and Fay J. Durrant regarding the new sportsplex center. Mayor Shipp said that he answers minutes.doc 1

2 questions regarding the center on a daily basis. He said he asked Mr. Minton and Mr. Durrant to give a short presentation to the board members. MINTON S SPORTSPLEX PRESENTATION: Mayor Shipp introduced Mike Minton and Fay J. Durrant. Mr. Minton reviewed a PowerPoint presentation regarding the Minton s Sportsplex Project. Mr. Minton said Texarkana needed a new, larger facility to meet the growing needs for physical education and sports facilities. He said that after a partnership with the Texarkana, Arkansas School District the plans for the center had grown. Mr. Minton said the facility could also serve as a safe, active after-school care facility. The facility would expand physical education opportunities along with health and wellness education. The sportsplex would meet the needs of special education providing aquatic therapy and recreation. Temple Memorial planned on leasing space within the facility for their special needs. Collom and Carney would have a clinic onsite. Trinity Christian School had agreed to use the center for their physical education classes. Mr. Minton commented on the expanded physical education programs, allowing a dual credit arrangement between the public school systems and local colleges. He said the center would be a multipurpose sports and civic arena with convention and meeting facilities. The arena would have theater seating, a state of the art fitness and wellness center would be located within the sportsplex, and there components like outdoor ball fields and recreation areas. There would also be food, beverage and retail areas. Mr. Minton said, in planning the new center, he contacted Fay J. Durrant and learned he needed a facility to accommodate his hockey team, the Texarkana Bandits. The new minutes.doc 2

3 sportsplex would be a permanent home for the Bandits, as well as serve as an outlet for youth hockey and figure skating - making this a multifunctional center. The sportsplex already had corporate membership commitments from Domtar, Cooper Tire and Rubber Company, and Southern Refrigerated Transport, Inc. (SRT). He commented that the sportsplex project was endorsed by Governor Mike Huckabee. Mr. Minton reviewed the sportsplex s estimated project costs, with the land, parking, building and equipment totaling $13.3 million. He projected a capital investment of approximately $30 million. He went on to say the sportsplex would create up to 250 jobs, with an annual payroll in excess of $7 million and $3.5 million in tax revenue. He did comment that there were no streets leading into the center. He felt this issue needed to be addressed quickly, so construction could get underway. He said construction would start in May, 2006, with a completion date of June, Once again, he stressed the thoroughfare into the center would be a major factor. CONSENT AGENDA: Director S. Johnson moved to approve the consent agenda. The motion was seconded by Director Dowd and carried unanimously. The items approved by consent were: RESOLUTION NO. 5275: Resolution No authorizes the National Multiple Sclerosis Society use of Bobby F. Ferguson Park picnic shelter, pavilion, gazebo, track, restrooms, and parking lot from 8 a.m. until 2 p.m. Saturday, April 1, 2006 for their annual fund raising walk. RESOLUTION NO. 5276: Resolution No grants permission to Jon Beck for Breathe Easy ArkTex (BEAT) for Kick Tobacco Day, a national event aimed at tobacco education for youth sponsored by minutes.doc 3

4 Campaign for Tobacco Free Kids, on Wednesday, April 12, It further approves the use of barricades at Broad Street from State Line Avenue to Olive Street to allow activities to flow along the street, creating a carnival-type atmosphere. RESOLUTION NO. 5277: Resolution No grants permission to Main Street Texarkana Executive Director Bethany Hanna for the First Lady s Tour on Wednesday, March 1, It further approves the use of barricades beginning at 8:00 a.m. on that date, along State Line Avenue from 6 th Street to 4 th Street, 5 th Street from Pine Street to Walnut Street, and Pine Street from 5 th Street to 4 th Street. RESOLUTION NO. 5278: Resolution No authorizes the City Manager to apply for the Preserve America Community designation. RESOLUTION NO. 5279: Resolution No approves the Community Development Department/Weed & Seed schedule for Swinging in the Summer with Music and Art in the Parks summer activities as follows: Date & Time Theme Activities Special Focus Time and Location May 20 June 1 June 15 July 6 Kick Off Hawaiian Décor Oldies Music Fest Juneteenth Celebration Independence Day Games for children Live music, Art exhibit Family Activities Costume contest for 50 s & 60 s judged by local radio personalities Live Music Art Exhibit Country Music Band Art and Craft Displays July 20 Jazz Live Jazz Orchestra Building family traditions Nostalgia Best Dress Contest Recognition of Black History & Culture Patriotic and Traditional Texarkana Jazz History Bramble Park & College Hill Neighborhood Center Vera Bradfield Jefferson Park Bobby Ferguson Park Bramble Park & College Hill Neighborhood Center minutes.doc 4

5 August 10 Gospel Live praise performances Spiritual Praise Jefferson Park December 7 Christmas RESOLUTION NO. 5280: Local talent and refreshments Holiday celebration Downtown Pocket Park Resolution No authorizes concession sales for the Community Development/Weed & Seed Strategy Swinging in the Summer with Music and Art in the Parks program. RESOLUTION NO. 5281: Resolution No appoints the following Acting Interim Board of Directors for the Ozan Inghram Iron Mountain Neighborhood Development Corporation: Taft Wilson and Sudie Grant Jones Co-chairman(s) Melba Bolden and Annie Durr Recording & Correspondence Betty Calloway and Charles Craig Membership & Publicity RESOLUTION NO. 5282: Resolution No authorizes the destruction of the following Central Records and Communications records, as provided under A.C.A : Warrant Logs All records before Service requests All records before Faxed requests All records before Local criminal histories All records before Master/warrant filing sheets All records before Pawn tickets All records before Monthly uniform crime reports All records before Emergency protective orders Expiring before Protective orders Expiring before RESOLUTION NO. 5283: Resolution No authorizes the City Manager to purchase a 2005 Chevrolet Impala with factory warranty for the Police Department for amount not to exceed $12,375.00, with $9, to come from the previous sell of four (4) Crown Victoria police package patrol cars and the additional $3, to come from the United States Marshall Service line item minutes.doc 5

6 RESOLUTION NO. 5284: Resolution No authorizes the City Manager to execute a Memorandum of Understanding (MOU) with Wal-Mart Corporations, regarding the Arkansas Wal-Mart Supercenter Police Substation. REGULAR AGENDA: 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, stating the public hearing was part of the grant process to see if there was any public opposition to the use of this money. Mayor Shipp asked Chief Police Bob Harrison to come forward and review the item for the board. Chief Harrison spoke briefly in regard to the item, stating the Texarkana Police Department had used past funds from the Byrne Justice Assistance Grant (JAG) to employ a civilian complaints/warrant officer in order to free up commissioned officers for more important duties. Pursuant to the 2006 JAG Grant, the City of Texarkana would act as the fiscal agent to administer funds for the city, and Miller County, Arkansas. The total grant award would be $21, Per the memorandum of understanding (MOU) the county would agree to accept $4, for their share of the award. There are no matching funds required. He asked if he could respond to questions. No one else came forward; therefore the Mayor declared the public meeting closed. RESOLUTION NO. 5285: 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) minutes.doc 6

7 Director S. Johnson, seconded by Director Dowd, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, S. Johnson, Williams, and Shipp voted aye. The Mayor declared the resolution adopted, as there were five ayes and no nays. ORDINANCE NO. L-246: An ordinance was introduced to be entitled, AN ORDINANCE TO ACCEPT DEDICATION OF STREET RIGHT-OF-WAY AND OTHER PUBLIC FACILITIES WITHIN THE LOVE CREEK PHASE II SUBDIVISION AND FOR DECLARING AN EMERGENCY. Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Dowd and carried unanimously. Mayor Shipp asked Acting Public Works Director Lee Elliott to come forward and review the item for the board. Mr. Elliott spoke briefly in regard to the item, stating the water mains, sanitary sewer mains, street and drainage improvements within Meadow Ridge Subdivision were completed and inspected by respective departments. The owner, Charles Santifer, has submitted his one (1) year warranty letter, and TWU has inspected and approved the water and sewer mains. The street and drainage facilities were inspected and were ready for acceptance. Spears Engineering submitted as-built drawings and his letter regarding construction. Mr. Elliott recommended that the Board of Directors accept the dedication of street right-of-way and other facilities in accordance with Section of the Code of Ordinances. He asked if he could respond to questions. The ordinance was read the first time. Assistant Mayor Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Dowd. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, S. Johnson, Williams, and minutes.doc 7

8 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. Assistant Mayor Williams then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Dowd. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, S. Johnson, 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 Bradley, Dowd, S. Johnson, Williams, and Shipp voted aye. The Mayor declared the ordinance passed, as there were five ayes and no nays. ORDINANCE NO. L-247: An ordinance was introduced to be entitled, AN ORDINANCE TO ACCEPT DEDICATION OF STREET RIGHT-OF-WAY AND OTHER PUBLIC FACILITIES WITHIN THE MEADOW RIDGE SUBDIVISION AND FOR DECLARING AN EMERGENCY. Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director S. Johnson and carried unanimously. Acting Public Works Director Lee Elliott spoke briefly in regard to the item, stating the water mains, sanitary sewer mains, street and drainage improvements within Meadow Ridge Subdivision were completed and inspected by respective departments. The owner, Jeff Castle, has submitted his one (1) year warranty letter, and TWU has inspected and approved the water and sewer mains. The street and drainage facilities were inspected and were ready minutes.doc 8

9 for acceptance. Spears Engineering submitted as-built drawings and his letter regarding construction. Mr. Elliott recommended that the Board of Directors accept the dedication of street right-of-way and other facilities in accordance with Section of the Code of Ordinances. He asked if he could respond to questions. Director S. Johnson commented on this area having drainage problems in the past. She asked Acting Public Works Director Lee Elliott if that issue had been resolved. Mr. Elliott said the drainage problem had been solved. Assistant Mayor Williams asked Mr. Elliott what type of dwellings would be constructed on the land. Mayor Shipp said the dwellings would be single-family dwellings. The ordinance was read the first time. Assistant Mayor Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Dowd. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, S. Johnson, 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. Assistant Mayor Williams then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Dowd. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, S. Johnson, 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 Bradley, Dowd, S. Johnson, Williams, and minutes.doc 9

10 Shipp voted aye. The Mayor declared the ordinance passed, as there were five ayes and no nays. ORDINANCE NO. L-248: An ordinance was introduced to be entitled, AN ORDINANCE WAIVING COMPETITIVE BID REQUIREMENTS AND AUTHORIZING PURCHASE OF 2005 PUMPER FOR THE FIRE DEPARTMENT; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Said ordinance authorizes the City to enter into an agreement with Fire Master Apparatus, Inc., to purchase a 2005 Demo Pumper (The City will save over $25,000 and the vehicle has full warranty.), which will be delivered in approximately 30 days. The purchase of the 2005 Demo Pumper has been made possible by restructuring the final lease payment on the 2003 pumper (purchase through a short-term [5-year] lease purchase as allowed by Arkansas law) and with funds to be paid from Act 833 Funds for the next five years. Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Dowd and carried unanimously. Mayor Shipp asked City Manager Charles Nickerson to review the item for the board. He spoke briefly in regard to the item, stating reliable equipment was critical to the City s ability to provide adequate protection to our citizens and maintain an adequate ISO rating. It is equally critical that we have an established method to begin to replace older higher maintenance apparatus. Without this ability, the department s effectiveness is diminished and we would be faced with having to replace a number of costly pieces of equipment at one time. The Fire Department currently has two 1994 Freightliner Pumpers in which one serves as a reserve pumper and the other one remains in service as one of our front line pumpers. Both of these apparatus have served well on the front line; however, their mechanical condition continues to deteriorate at a fast pace. In the past we have always had two reserve pumpers to minutes.doc 10

11 rely on when our front line trucks are out-of-service for any mechanical issues. There have been numerous times when we have had two trucks out-of-service at one time and have not had a reserve to place in service, creating a critical situation. The City has an opportunity to purchase a 2005 Demo Pumper from Fire Master Apparatus, Inc. that could be delivered in approximately 30 days. This pumper meets all of the specifications that we require and is consistent with all of our fleet and will save the City over $25, This vehicle has a full warranty. While the price of this pumper may seem high, starting this year all new trucks will be under the new Federal Emission requirements which will add an additional $15, to the price of the chassis and an additional $10, to the price of the truck for the builder. The City obtained short term financing through one of the local banks in 2003 to purchase a new pumper. This pumper would normally be paid for in We are proposing a financing structure that would allow us to purchase this new pumper, while not having an additional impact on the General Fund. Arkansas Statutes allow Cities to enter into short term (5Year) lease purchases of equipment. Century Bank provided the lowest interest rate at 4 ½% resulting in an annual payment of $56, This amount would be approximately $11,000 over the current lease payment of $46,000.This added amount would come from Act 833 Funds for the next five years. Finance Director Harold Boldt has been working with Century bank and may need authority to restructure the final lease payment on the old lease. He asked if he could respond to questions. Assistant Mayor Williams asked which fire station the pumper would be located. Fire Chief Honea said the pumper would be located at the fire station near the Assistant Mayor Williams residence. The ordinance was read the first time minutes.doc 11

12 Assistant Mayor Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Dowd. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, S. Johnson, 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. Assistant Mayor Williams then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Dowd. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, S. Johnson, 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 Bradley, Dowd, S. Johnson, Williams, and Shipp voted aye. The Mayor declared the ordinance passed, 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. EXECUTIVE SESSION: The Mayor announced that the Board would not go into executive session tonight. The Board would address the board and commissions appointments at the next meeting minutes.doc 12

13 ADJOURNMENT: There being no further business to come before the Board, on motion duly made, seconded, and unanimously carried, the meeting adjourned. ATTEST: Horace G. Shipp, Mayor Patti Scott Grey, City Clerk minutes.doc 13