CITY COUNCIL
REGULAR MEETING MONDAY APRIL 10, 2006
Mayor Kathy Harrison called the regular meeting of the City Council to order at 6:00 p.m. Monday, April 10, 2006, in the jury room of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison, Aldermen Robert “Butch” Berry, Beverly Blankenship, Penny Carroll, Terry McClung, Rick Rojek, Lori Weaver, City Attorney Tim Weaver, Fire Chief David Stoppel, Parks and Recreation Director Bruce Levine and City Clerk-Treasurer Mary Jean Sell.
PLEDGE OF ALLEGIANCE:
Mayor Harrison led the Pledge of Allegiance to the Flag.
APPROVAL OF THE AGENDA:
Mr. McClung moved to approve the agenda. Mr. Rojek seconded.
Ms. Carroll asked to add a discussion of appointments and removals to commissions as New Business Item #4. Ms. Blankenship seconded.
Mayor Harrison added request from City Clerk for destruction of 2000 records to the agenda as New Business Item #3.
Mayor Harrison added an executive session for discussion of the building official at the end of regular business.
Ms. Blankenship moved to add discussion of the Mayor’s veto of Resolution 527 as New Business Item #5. Ms. Carroll seconded.
Ms. Carroll asked to add a discussion of the correspondence between Planning Commissioner Eric Scheunemann, State Sen. Randy Laverty and Arkansas Highway and Transportation Department (AHTD) Director Dan Flowers as New Business Item #6.
Ms. Blankenship asked to add a discussion of February financials. Ms. Carroll added a request for information on the progress of hiring a new finance director.
To approve the agenda as amended, all voted aye. Motion passed 6/0/0
Ms. Blankenship moved to approve the minutes of the regular meeting of March 27. Mr. Berry seconded.
Ms. Blankenship noted that on Page 2, under Department and Commission Reports, discussion of financials, the chart of state sales tax turn back was not given to the Council.
To approve the minutes as amended, all voted aye. Motion passed 6/0/0
COMMISSION,
COMMITTEE, AUTHORITY REPORTS AND VACANCIES:
Historic District Commission – 2 Positions - Nominee Paul Faulk to fill Position 2.
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Ms. Blankenship moved to approve the nomination of Paul Faulk to the Historic District Commission. Mr. Rojek seconded. All voted aye. Motion passed 6/0/0
CAPC – 2 Positions open
Planning Commission – 3 Positions open
DEPARTMENT &
COMMISSION REPORTS
Police, Transit, Building, Public Works, Parks
Police – Ms. Sell read aloud the report from Police Chief Hyatt.
Transit – Mayor Harrison read aloud the report from Transit Director Lamont Richie. Mr. McClung asked if the revised plans for the Planer Hill Park and Ride Lot could be brought to the Council during the April 24 meeting for review.
Hospital – Ms. Sell said Hospital Administrator David Wheeler would make a report during the April 24 meeting.
Building – No report available
Financials – Ms. Blankenship said she has learned a lot in reviewing city invoices. Mayor Harrison said she has offered the job of finance director to a CPA living in another state but has not heard if the woman will accept the job.
Mr. McClung said he wants the Mayor to investigate the transferring of Certificates of Deposit (CDs) into checking accounts to draw a higher rate of interest. Mayor Harrison said she hesitates to put all of the city’s monies into checking accounts. A large portion of the funds is being held as pledge amounts on bond issues and must be secured.
Public Works – Director Jay Wilson presented his proposed project list for streets and utility lines for 2006. He said the advertisement for bids for the wastewater treatment facility project has been published. He hopes to be able to break ground on the project by June 1. He has made an agreement with the Parks Department to provide funding for plants and an employee to assist with the City’s flowerbeds.
Parks – Mr. Levine said he is excited about the plans for the City’s gardens. He is expecting consulting electrical engineers to meet with him on Tuesday to discuss the lighting of the Lake Leatherwood Ball Fields. He said the Harmon Park Play Ground is about two weeks from a formal opening.
OLD BUSINESS:
1.
Discussion of Ordinance #2012 trading a portion of
Hines St., 3rd reading
Mr. McClung moved to suspend the rules and place Ordinance 2012 on its third and final reading by title only. Mr. Berry seconded. By roll call, all voted aye. Motion passed 6/0/0
Mayor Harrison read the title aloud.
Mr. McClung moved to approve Ordinance 2012 on its third reading by title only. Mr. Rojek seconded. All voted aye. Motion passed 6/0/0
2. Discussion of Municipal
Code Book revision
Ms. Sell said she has talked with the code company in Florida and the charge is $18 per page. She has talked with Cathy Moran at the Municipal League in Little Rock.
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The League has agreed “to make the code right” with corrections and reinsertions of
material left out of the 2005 Municipal Code Book. The charge for new pages is $10 per page. Ms. Moran will be here on April 14 to work with Ms. Sell on the revisions.
Mr. McClung moved to take a short break at 6:55 p.m. Mr. Rojek seconded. All voted aye. Motion passed 6/0/0 The meeting resumed at 7:05 p.m.
The purpose of open mic is to allow residents to address the Council on any topic. The Council does not engage in questions or discussion of the issues at this time.
Enid Swartz – said she has two concerns: signage and littering. She wants something done about the signs still up for closed businesses. She feels like the advertisements for the railroad is false advertising because a portion of the railroad is no longer operating. She and her husband have picked up trash along Magnetic Road. She wants to challenge businesses to pick up roadside trash on a regular basis or be fined for littering.
David Blankenship – thanked the Council for allowing citizens time to speak. He reminded everyone of the second annual Carving in the Ozarks April 21 and 22. He said there will be a drawing for members of the public who sign up for one of the carvings on Sunday, April 23. He said 27 carvers from 10 states have registered to participate.
Frank Green Jr. – said he was speaking as chairman of the Historic District Commission (HDC) in asking the Council to fund a position for a code enforcement officer. He distributed photographs of trashy areas and structures suffering demolition by neglect around the district. He said many of these conditions exist because there is no code enforcement. He said some of the situations are becoming safety concerns.
The Council meeting resumed at 7:15 p.m.
NEW BUSINESS:
1. Discussion of bids for construction of ambulance and truck bays at 144 Van Buren.
Architect Tom Johnson and Chief Stoppel presented the results of the bids on the fire station project. Mr. Johnson said they had advertised the project and had invited 13 contractors by telephone to bid. Three picked up plans but Greer Excavating of Green Forest, AR, was the only bidder at a base proposal of $464,552, plus costs for trenching and rock work.
There was discussion of trying to reduce the project components; whether or not it would be prudent to wait and re-bid the project; and how the city could finance the project.
Mr. McClung moved to table any decision until the April 24 regular meeting so lending institutions could be contacted about five-year financing of the construction project. Mr. Berry seconded. Four voted aye. Mr. Rojek and Ms. Weaver voted nay. Motion passed 4/2/0
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2. Discussion of Transit Budget changes regarding CAPC contribution of $41,670; Chamber rent deletion of $17,200; $20,000 increase in wages; $10,000 increase in grant proceeds.
Ms. Blankenship moved to have Resolution 529 written to amend the transit department portion of the 2006 city budget. Mr. Rojek seconded. Five voted aye. Ms. Weaver voted no. Motion passed 5/1/0
3. Discussion of destruction of 2000 records.
Ms. Sell provided a list of the city’s records from 2000 which may, by law, be destroyed.
Mr. Rojek moved to approve the destruction of the 2000 city records. Ms. Blankenship seconded. All voted aye. Motion passed 6/0/0
4. Discussion of appointment and removal of
commissioners. (Carroll, Blankenship)
Ms. Carroll said she had asked Mr. Weaver for information about how commissioners may be appointed or removed from their positions.
Mr. Weaver said the city and state codes allow the mayor to nominate commissioners and the council confirms the appointments. The mayor removes commissioners. He said the codes specifically address HDC and the City Advertising and Promotion Commission (CAPC) but he was not able to find relevant information regarding the Planning and Cemetery commissions.
Ms. Carroll moved to discuss commission appointments and removal. Ms. Blankenship seconded.
The discussion continued.
Ms. Carroll moved to table the discussion to the May 8 meeting and asked Mr. Weaver to have information on removing commissioners. Mr. McClung seconded. All voted aye. Motion passed 6/0/0
5. Discussion of Mayor’s veto of Resolution
527 amending the 2006 budget.
Ms. Blankenship moved to override the veto of Resolution 527. Ms. Carroll seconded. Five voted aye. Ms. Weaver voted no. Motion passed 5/1/0
6. Discussion of the correspondence between
Planning Commissioner Eric Scheunemann, State Sen. Randy Laverty and Arkansas
Highway and Transportation Department (AHTD) Director Dan Flowers regarding the
design of the new bridge on Highway 62 West.
Mr. Weaver cautioned the Council against discussion an individual’s action as an effort to restrict free speech. He said Council members could be individually liable and they would be open to personal lawsuits as well if they continued the discussion.
Mr. McClung moved to have the Mayor write a letter to AHTD stating the Council’s position on the issue. Ms. Blankenship seconded. Mr. Weaver added that each Council member should review the letter before it is sent. Five voted aye. Ms. Weaver voted no. Motion passed 5/1/0
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Mr. McClung moved to take a break at 8:50 p.m. then to go into Executive Session. Mr. Rojek seconded. All voted aye. Motion passed 6/0/0
Council returned to open meeting at 9:43 p.m.
Mayor Harrison said no action would be taken.
COUNCIL COMMENTS:
Mr. McClung asked Mr. Weaver about the status of the summons for the CAPC. Mr. Weaver said his computer had crashed and he would be getting the summons out this week.
Ms. Carroll encouraged volunteers to apply for city commissions.
MAYOR’S COMMENTS:
Mayor Harrison read a list of up-coming events.
She recognized the Wildseed Farms, Ltd. of Fredericksburg, Texas, for its contribution of 5,000 packets of wildflower seeds to the 5th annual America in Bloom Symposium to be held here in September. The packet features a photograph taken by John Rankine of Georgette Garner in a field of wildflowers in Carroll County. Ms. Garner has spearheaded the AHTD Wildflower Project in the area, with the assistance of the Eureka Springs Garden Club and other organizations. Assistance on the design and layout of the packet was provided by Chris Dunnam of the CAPC staff.
ADJOURNMENT:
Mr. Berry moved to adjourn at 9:47 p.m. Mr. Rojek seconded. All voted aye. Motion passed 6/0/0
This is the signature page of the minutes of the April 10, 2006, regular meeting of the City Council.
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Mayor Kathy Harrison
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City Clerk-Treasurer Mary Jean Sell
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