MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS APRIL 6, 2015 __________________________________ MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 6:30 PM on April 6, 2015. ROLL CALL: Mayor Ruth Penney Bell asked the Clerk to call the roll and the following Board Members were present: Mayor Bell, Assistant Mayor Laney J. Harris, and Directors Sue Johnson, Tim Johnson, Barbara S. Miner, Travis Odom and Allan Wren. Also present were City Manager Harold E. Boldt, 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 Director Allan Wren. PLEDGE OF ALLEGIANCE: Director Allan Wren led everyone in the Pledge of Allegiance. COMMENTS FROM THE MAYOR: Welcome: Mayor Bell welcomed everyone to tonight’s meeting. Johnny Tamales Mayor Bell announced Johnny Tamales would take over the Amigo Juan’s restaurant in Crossroads Business Park. She was very excited about the change. Government Students: Mayor Bell recognized Alex McVeigh, Lovenia Aubrey, Keira Muldrew, Chris Moore, Sergio Rodriguez, Vinana Martines, Christy Brinkmire, Ashley Tyson, Joses 1 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc Solis, Kenneth Webb, Jamie Hicks, Javon Thomas, and Amber Smith, students from Texas High School. The Mayor commented the students were at tonight’s Board meeting as part of Mr. Littman’s Government Class. Mayor Bell thanked them for coming. QUESTIONS FROM DIRECTORS AND OTHER BUSINESS: Mayor Bell asked if the Directors had any questions or comments. Assistant Mayor Harris discussed the Texarkana Gazette printing portions of depositions from the Patti Grey lawsuit. He said anytime he had been asked to give a deposition in the past, he had been allowed to review his deposition and submit corrections before signing it. Assistant Mayor Harris said he had not been given an opportunity to review his deposition in this case. Assistant Mayor Harris asked if Public Works Department work orders could be put on a website in order to be transparent as the Mayor had encouraged. He said he had turned in a request to the Public Works Department to have work done on Cleveland Street approximately two months ago. Assistant Mayor Harris said approximately two weeks ago the Public Works Department worked on a street in another Board member’s ward. He said he would like to know the process the Public Works Department used in choosing which work to do. Assistant Mayor Harris said he had also been asked by citizens why the sales tax was so high in Texarkana, Arkansas, which was currently 10.25 percent. He said approximately two years ago a state law was passed to add .25 or .50 percent to sales tax to be used for road repair throughout the state of Arkansas. Assistant Mayor Harris said residents from Dudley Street in Ward 2 had asked if the City received funds from the State for road repair. He asked if there would be a workshop to determine what roads would be repaired. No one else came forward. PRESENTATION(S): City Employee Service Awards: Mayor Bell presented awards to Jeremy Allen Renfro, Sue Ann Townsend, and Chief Bobby Honea. They each received a City of Texarkana, Arkansas Employee Service Award and Texarkana, Arkansas City pin. The award recognized Mr. Renfro for 2 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc five (5) years of service with the Texarkana, Arkansas, Fire Department (TAFD); Ms. Townsend for five (5) years of service with Texarkana Water Utilities (TWU); and Chief Honea for thirty-five (35) years of service with the Texarkana, Arkansas, Fire Department (TAFD). They all accepted the honor and thanked Mayor Bell, the Board of Directors, and the City Manager. Mayor Bell thanked all the City employees for their service to the City and its citizens. Washington Academy: Mayor Bell introduced Mr. Taylor of Washington Academy. Mr. Taylor said Washington Academy was a Charter School and an Alternative School. He said he wanted to explain an alternative school meant it was different from traditional school. Mr. Taylor said at Washington Academy no one was assigned there because they were in trouble, and no one could go there if they were in trouble. He said students go to Washington Academy because they had applied to go there. Mr. Taylor said there were many reasons students chose to go to Washington Academy, and one reason was because they wanted to finish high school in three (3) years instead of four (4) years. He said other reasons students went to Washington Academy were because they had small classrooms, twelve (12) students or less in each classroom. Mr. Taylor said another reason students chose Washington Academy was because every student was given a Personalized Education Plan, which included a pretest in math and in literacy to see exactly where a student was academically, which allowed the school to prescribe the right plan just for them. And last, Mr. Taylor said, students chose Washington Academy because of credit recovery, which was created for students who possibly did not pass a class in an earlier high school grade because they did not attend their classes. He said those students can take the Mastery Content Test which showed if the student understood the content of the class. Mr. Taylor said two (2) reasons for Washington Academy being formed were because (1) they wanted to increase the graduation rate, and (2) they wanted to lower the dropout rate. Mayor Bell said she was excited about the things happening at Washington Academy. She thanked Mr. Taylor for coming and explaining what Washington Academy was all about. 3 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc Safe Digging Month: Mayor Bell read the proclamation: A Texarkana, Arkansas Proclamation “Safe Digging Month” April 2015 WHEREAS, each year Texarkana, Arkansas Underground Utility infrastructure is jeopardized by unintentional damage due to failure to call 811, the national call number to have underground lines located prior to digging; and WHEREAS, undesired consequences such as service interruption, environmental damage, personal injury, and even death are the potential results; and WHEREAS, calling 811 provides professional excavators and homeowners a simple way to reach the Arkansas Excavation Notification System to request underground utility line locations at the intended dig site; and WHEREAS, the Damage Prevention Alliance serves the citizens of Texarkana at no cost to taxpayers, spreading the message that safe digging is a shared responsibility and encourages Texarkana residents to always call 811 before digging; and WHEREAS, making a simple call to 811 in advance of any digging project, waiting the required amount of time, respecting the marked lines by maintaining visual definition throughout the course of the excavation, and digging with care around the marks will save time and money; NOW THEREFORE, BE IT RESOLVED that I, Ruth Penney Bell, Mayor of the City of Texarkana, Arkansas, do hereby proclaim April 2015 as “Safe Digging Month” in the City of Texarkana Arkansas, and encourage excavators throughout Miller County to always call 811 before digging. Safe excavation is no accident! 4 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc IN WITNESS WHEREOF, I have hereunto set my hand and caused to be duly affixed the Seal of the City of Texarkana, Arkansas, this 1st day of April, 2014. ______________________________ Ruth Penney Bell, Mayor Texarkana, Arkansas ATTEST: ______________________________ Heather Soyars, City Clerk Texarkana, Arkansas CONSENT AGENDA: Director S. Johnson moved to approve the consent agenda. The motion was seconded by Director Odom and carried unanimously. The items approved by consent were: MINUTES: The minutes approved were of the regular meeting March 16, 2015 and the special called meeting March 25, 2015. RESOLUTION NO. 6264: Resolution No. 6264 authorized the City Manager to destroy certain Central Records and Communications records. RESOLUTION NO. 6265: Resolution No. 6265 authorized the Public Works Department to demolish a structure on Texarkana, Arkansas Independent School District property. RESOLUTION NO. 6266: Resolution No. 6266 amended the Rules of Order and Procedure manual to make consistent with Ark. Code Ann. 14-47-123(c)(1), which stated “Special meetings may be called at any time by the mayor or by directors representing a majority of the elected membership of the board.” RESOLUTION NO. 6267: 5 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc Resolution No. 6267 authorized and directed the City Manager to award the construction contract for 49th Street improvements to Stan Excavating Co. RESOLUTION NO. 6268: Resolution No. 6268 granted permission to the Junior League of Texarkana to hold a Touch-A-Truck event on Front Street Plaza, on Saturday, April 11, 2015, from 9:00 AM until 2:00 PM. RESOLUTION NO. 6269: Resolution No. 6269 granted permission to Mike Sinyard of the Four States Auto Museum to have “Cruise Night” on the third Friday of each month from April through October, 2015, from 5:00 PM until 8:00 PM (April 17th, June 19th, July 17th, August 21st, September 18th, and October 17th). RESOLUTION NO. 6270: Resolution No. 6270 granted permission to the City of Texarkana, Arkansas, Parks Division to hold the 5th Annual Railfest and Better Block to celebrate downtown Texarkana history on Saturday, May 16, 2015, from 11:00 AM until 11:00 PM. RESOLUTION NO. 6271: Resolution No. 6271 granted permission to the Four States Auto Museum to hold its 10th Annual Spring Car Show on Saturday, May 16, 2015, from 8:00 AM until 10:00 PM. RESOLUTION NO. 6272: Resolution No. 6272 granted permission to the City of Texarkana, Arkansas, Public Works Department, Four States Auto Museum, and Vietnam Veterans of America to hold a Snowman’s Run Car Show to Benefit the Wounded Warriors. The event would be held on Saturday, May 29, 2015, in the Public and City Hall parking lots on Hazel Street at 10:00 AM until 11:00 PM. REGULAR AGENDA: REFUNDING FRANCHISE FEES - TABLED 6 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc Mayor Bell said she had been contacted by another company asking the City to allow them to present a proposal. She said she was advocating the Board allow the company to do so. Director Sue Johnson asked if there was a time frame that had to take place if the Board was going to issue bonds for the purpose of refunding the City’s Franchise Fee Secured Capital Improvement Bonds. City Manager Harold E. Boldt said what they had done was fashioned a date when they would go to the market to price the bonds. He said they had gotten that from both firms. Mr. Boldt said both proposals were close, and that Stephens had come back with a reduced cost of issuance at $7.75 per 1000. He said he had not seen anything further from Cruse & Associates. Mayor Bell asked if Cruse & Associates had been told that Stephens Inc. had made a counter offer. Mr. Boldt said he did not think they had been. Mayor Bell said she felt they should have been told. Mr. Boldt agreed. Mayor Bell made a motion to table the resolution. Director S. Johnson seconded the motion. The Clerk called the roll and the following vote resulted: Directors Harris, S. Johnson, Miner, Odom, Wren and Bell voted aye. Director T. Johnson voted nay. The Mayor declared the resolution tabled, as there were six (6) ayes and one nay. Dwayne Hall, 2303 College Street, said he understood that citizens had a right to speak before any issue was decided by the Board, and the Board had just made one. He said he had wanted to speak on the previous issue. Mayor Bell said he could address the Board. Mr. Hall said the City had issued bonds a few years prior and there had been an emergency clause attached to the bonds. He said he had spoken against it in the past, and was asking the City do what it needed to do to avoid having an emergency clause. PUBLIC HEARING: Mayor Bell opened the public hearing concerning certifying the amount to be put on tax books as delinquent and collected accordingly. 7 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc Public Works Director Paul Hackleman said the Public Hearing for the structure the Public Works Department had demolished was located at 1512 East Street, Texarkana, Arkansas, and owned by Ozzie Mae Duke. He said Ms. Duke had been notified by mail in accordance with the law, but her address was the same as the structure which had been demolished. Mr. Hackleman said all the mail had been returned to sender. He said the procedure Public Works was to go by had been followed. Mr. Hackleman said the 120 day limit to file the lien was near. He said the City’s cost plus ten percent, which was allowed by law to repay Miller County for their efforts, was $5,458.19. No one else came forward. Mayor Bell closed the public hearing. RESOLUTION NO. 6273: Resolution No. 6273 was read in its entirety. Said resolution would certify the amount to be put on tax books as delinquent and collected accordingly. Director T. Johnson made a motion to adopt the resolution. Director S. Johnson seconded the motion. The Clerk called the roll and the following vote resulted: Directors S. Johnson, T. Johnson, Miner, Odom, Wren and Bell voted aye. Assistant Mayor Harris voted nay. The Mayor declared the resolution adopted, as there were six (6) ayes and one (1) nay. ORDINANCE FOR CABLE ONE CUSTOMER BILL OF RIGHTS: An ordinance was introduced to be entitled, "Adopt an Ordinance for the City of Texarkana, Arkansas’ customer’s Bill of Rights for the CableOne Cable Company.” Said ordinance would create a customer Bill of Rights. Assistant Mayor Harris asked the other members of the Board their thoughts regarding a customer’s Bill of Rights for the cable company. He said he wanted to table the item until he had time to meet with the Public Utilities Committee, and give them time to meet with the new CableOne Manager. Mayor Bell asked if anyone on the Board or audience member had any questions or comments concerning this item. No one came forward. 8 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc Assistant Mayor Harris moved the ordinance be tabled until the Public Utilities Committee could meet with the new manager of Cable One to discuss this item. The motion was seconded by Director S. Johnson. The Clerk called the roll and the following vote resulted: Directors Harris, S. Johnson, Miner, Odom and Wren voted aye. Mayor Bell voted nay and Director T. Johnson abstained. The Mayor declared the motion carried, as there were five (5) ayes, one (1) nay and one (1) abstention. CITIZEN COMMUNICATION: Mayor Bell asked if anyone in the audience wanted to speak, on any subject up to a total of five (5) minutes. David Peavy, 6512 Skyline Drive, asked if citizens would be given an opportunity to address Executive Session agenda items before or after the Executive Session. Mayor Bell asked City Attorney George Matteson his opinion. Mr. Matteson said he felt if there were any actions needed to be taken for an agenda item after the Executive Session, and if a motion and a second were made, then would be the appropriate time to allow citizens to speak on the item. Mayor Bell said citizens would have an opportunity to speak after the Executive Session if any action were taken on an agenda item. Mr. Peavy asked if the Board would rather hear citizens before Executive Session or after. Mr. Matteson said he would suggest to the Board, citizens be allowed to speak after the Executive Session before there was a vote taken. Mayor Bell said the City Attorney’s opinion was after the Executive Session, for any item which had a motion and second, and was about to be voted on, then time would be allowed for citizen communication. She said but, if anyone would like to speak at that time, she did not think anyone would object. Prissy Hickerson, 2805 Forest, said she was asking the Board request the immediate resignation of the City Manager or terminate him immediately. She said she knew her opinion was known by the Board because she had contacted each one of them on Sunday. 9 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc Assistant Mayor Harris asked the City Attorney if he knew why he would not have been given an opportunity to review his deposition, and was it not a common practice. Mr. Matteson said it was a very common practice for a person who was given a deposition to be able to review it for errors. He said in this case he was not counsel of record for this Board although he had attended the depositions. Mr. Matteson said he did not know if a request had been made to counsel or not. He said he would be happy to investigate the issue. Assistant Mayor Harris said the paper printed snap shot pieces of his deposition and he had not been given the opportunity to review them. Mayor Bell said when there were three dots that meant the rest of the statement in the deposition was omitted. Dennis Young, 3503 Tiffany Lane, said the City did not need to wait until June 30, 2015; they needed April 6, 2015. Curt Green, 3416 Jack Cullen Drive, said he felt the City needed to make a step toward correcting the problem. He said he appreciated the work by the Mayor, the Directors and the City Manager to reach an end of termination employment agreement in June. Mr. Green said he did not feel the City should wait. Lisa McDermott, 1517 Linden Avenue, said the Directors had a mandate for change through their elections. She said now it was time to take a concrete step forward, with that mandate. No one else 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. RESOLUTION NO. 6274: Resolution No. 6274 was read in its entirety. Said resolution made appointments to the Advertising and Promotion Commission. 10 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc Board/Commission: Appointee: Advertising and Promotion Commission Buddy Allen – At Large position Advertising and Promotion Commission Joyce Dennington Advertising and Promotion Commission Deborah Wright Director Odom, seconded by Director T. Johnson, moved to adopt the resolution. The Clerk called the roll and the following vote resulted Directors Harris, S. Johnson, T. Johnson, Miner, Odom, Wren, and Bell voted aye. The Mayor declared the resolution passed, as there were seven (7) ayes and no nays. RESOLUTION NO. 6275: Resolution No. 6275 was read in its entirety. Said resolution made an appointment to the City Beautiful Commission. Board/Commission: Appointee: City Beautiful Commission Milton Glass Director Odom, seconded by Director S. Johnson, moved to adopt the resolution. The Clerk called the roll and the following vote resulted Directors Harris, S. Johnson, T. Johnson, Miner, Odom, Wren, and Bell voted aye. The Mayor declared the resolution passed, as there were seven (7) ayes and no nays. RESOLUTION NO. 6276: Resolution No. 6276 was read in its entirety. Said resolution made an appointment to the Civil Service Commission. Board/Commission: Appointee: Civil Service Commission Pete Cheatam Director T. Johnson, seconded by Director S. Johnson, moved to adopt the resolution. The Clerk called the roll and the following vote resulted Directors Harris, S. 11 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc Johnson, T. Johnson, Miner, Wren, and Bell voted aye. Director Odom voted nay. The Mayor declared the resolution passed, as there were six (6) ayes and one (1) nay. RESOLUTION NO. 6277: Resolution No. 6277 was read in its entirety. Said resolution appointed Jan Ferguson, Deputy City Clerk. Director Odom, seconded by Director T. Johnson, moved to adopt the resolution. The Clerk called the roll and the following vote resulted Directors Harris, S. Johnson, T. Johnson, Miner, Odom, Wren, and Bell voted aye. The Mayor declared the resolution passed, as there were seven (7) ayes and no nays. RESIGNATION OF CITY MANAGER HAROLD E. BOLDT: Mayor Bell said the Mayor and the Board of Directors honored immediately the voluntary resignation of City Manager Harold Boldt and released him from all his administrative duties as of April 6, 2015 in exchange for his being paid as follows: there would be continued payment of Mr. Boldt’s regular salary through June 30, 2015, including his retirement, and his vacation pay in accordance with his rehire employment agreement. City Attorney asked Mr. Boldt if it were a voluntary resignation and was it done without any duress. Mr. Boldt said it was voluntary and there was no duress. City Attorney said that would also release any claims against the City. He said none would be expected, but that was his job. Mr. Boldt said sure, he had no axe to grind. He said he would never forget Texarkana, and felt it was a great community. Mr. Boldt said it was about time anyway, he had been at the City for ten (10) years and it was time for new management. Sherri Potts made a comment from the gallery about $90,000 that the City Manager owed the City. Mayor Bell said if anyone had a comment they needed to come to the podium and state his or her name. Ms. Potts said, no, she had heard from a real attorney. 12 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc Mayor Bell said if anyone had a comment they needed to come to the podium and state their name. Director S. Johnson, seconded by Director Odom, moved to accept Mr. Boldt’s resignation, effective April 6, 2015. The Clerk called the roll and the following vote resulted Directors Harris, S. Johnson, T. Johnson, Miner, Odom, Wren, and Bell voted aye. The Mayor declared the motion passed, as there were seven (7) ayes and no nays. ADJOURNMENT: Director S. Johnson, seconded by Director Odom, moved to adjourn the meeting. The Clerk called the roll and the following vote resulted Harris, S. Johnson, T. Johnson, Miner, Odom, Wren, and Bell voted aye. The Mayor declared the meeting adjourned, as there were seven (7) ayes and no nays. The meeting adjourned at 8:42 PM. _______________________________ Ruth Penney Bell, Mayor ATTEST: _____________________________ Heather Soyars, City Clerk 13 G:\Department Files\City Clerk\Minutes\2015 Minutes\04062015minutes.doc
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