Board of Directors - Regular Meeting

rescheduled meeting of the Texas County, Arkansas board of directors to order. Just a couple of housekeeping uh keeping things. One, if you wish to address the board tonight, there's citizens communication cards on the ledge. If you'll complete one of those and get it to our city clerks, she can get that to me so we would have a record of you speaking. Uh the second thing is is uh without objection, uh the intent was to have our presentation tonight to our state senator and state representative before citizens communication time. I would like to move that to before uh without any objection from the board so they can get on their way back to Little Rock. Uh then we'll move right on into uh citizens communication time. This time we'll have our roll call. Director Harris here. Director Halip

here. Assistant Mayor Pruer is absent. Director Juel here. Director Smith here. Director Roberts here. Mayor Brown here. This time we'll stand for our invocation and the pledge of allegiance. Let us pray. Dear God, thank you for this day and all the blessings that you've given us. And thank you for all of us that serve in our community. And thank you for our state senator and our state representative that's present here tonight. And be with us as we conduct the business of the city. For it's in Christ's name we pray. Amen. Amen.

I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. You may be seated. [clears throat] So, at this time, if uh I may, I would like to recognize uh our league's general counsel and legislative director, John Wilkerson.

I'm ask Jack Criter to join me. Well, uh, folks, it's it's a genuine honor for me to be here in front of you. Uh, I'm John Wilkerson. I am the lead general counsel and legislative director, like you mentioned. Been doing the job for 20 years now, or been 20 years at the municipal league. In the last 10 or so, I've been at the legislature helping cities and towns. And I can tell you, you are a blessed community to have a state representative and a state senator the way you like of the likes that you have right now. and it's my honor to recognize them and their valiant effort on your behalf constantly at the state legislature, not just for the city of Texar, but for the state of Arkansas. Uh, Representative Carol Dobby, I'll start with, has been a true friend of cities, towns, Tex Arcana, the state, tireless advocate for good and and right. As a chair of the judiciary committee, I've seen her work and it's just impeccable. One of the things I'm most proud to to say and to look back on and be proud of this moment is working with her on district court legislation, which was a monumental effort to say the least. Yet, she never wavered. She stuck with us. She told us the truth. Sometimes they were hard, but she told us the truths and we worked with with her incredibly incredibly well. She is again an advocate for you and she cares about this city deeply. You can feel it in everything that she does. So on behalf of the municipal league and if you may if I may on behalf of the city of Texas Arcana I'd like to uh acknowledge representative Carol Dalby with a distinguished legislator award in honor of her who has demonstrated exemplary service that benefited the cities and towns of Arkansas especially text Arkansas during the 95th general assembly represent Dalby. Thank you so much. [applause]

Denise is going to get a picture.

Thank you. Appreciate it. Thank you. And since we're heading down here and we had an extra plaque, we figured we'd acknowledge Senator Hickey as well. [laughter]

No, I I I tell you, and I I know I speak for Jack when I say this, that um there are people that you can go to and count on to again be be straight, be honest, be upfront with you, tell you tell you what, tell you the things that need to that you need to hear, good, bad, and be a champion for again good and right. And my favorite memory of Senator Hickeyi this last session is the gu the home garden bill and I remember the home garden bill very very well because it it made a lot of sense yet even though he it made a lot of sense but he still wanted to make sure is this okay for my city? Is this okay for the cities and towns of Arkansas? And I remember that in a committee meeting he said are we sure this is okay? It passed and we made some changes based largely on his comment that are we sure this is best for the city especially the city of Texarana. He is a gatekeeper on a lot of things and we value him him and his opinion and his thoughts and his comments dearly. And so on behalf again of the of the municipal league and hopefully on the behalf of the city of Tex Arcana, I'd like to recognize Senator Hickeyi with a distinguished legislative award again in in honor of his demonstrated exemplary services for the cities and towns of Arkansas, especially Tex Arcana, Arkansas during the 95th General Assembly. Thank you, Senator.

Thank you. [applause] I know I know some of that hurt. Uh greatly appreciate the city for all they do and and actually the municipal league representing Dolby and I work closely with them every day. Uh without them there would be uh uh it would be hard for us to understand how all some of this stuff is intertwined. So thank you all for everything you do and thank you all for uh your aspect with the state. Of course, thank you. [applause] I don't want [laughter] Thank you.

Thank you very much for having us. We really appreciate it. Director Roberts, I've worked with Representative Dolby for years before. You're not going to get out till I get to call and uh I

see what you're going to say. [laughter] I truly believe that she is the best state representative in Arkansas. She is accessible. You can call her, you can text her, she's going to respond. And she truly puts our needs first. And Senator Hickeyi does the same thing. The our delegation down here is second to nobody in this state. And your spouses definitely deserve a round of applause for putting up with both of you being gone. [applause] I mean, mayor, they've done without you a lot, but we're glad you're there for us. Thank you. Appreciate your kind words. Thank you. Thank you. Thank you. Thank y'all.

So, at this time, we'll move into our citizens communication time. I have one uh right now. Uh Jamie, want to remind people of the workshop? Just a quick reminder, um, next Thursday of next week, the 26th, at 6 o'clock, we'll have the container home workshop that Director Harris had requested here in this room. Okay. Thank you. Is there anyone else that wishes to address the board tonight during citizens communication time? Anyone else? Hearing none. Seeing none, we'll move into our consent agenda. We have item 2, three, four, and five on our consent agenda. Item number two is approval of the minutes of the rescheduled record meeting of February 2nd. Item number three is to adopt a resolution accepting the 2025 public facilities board annual report. Item number four is to adopt a resolution authorizing city manager into a construction contract with Franc's Escavating for Country Club Road and the drainage rehab project. And item number five is to adopt a resolution authorizing city manager to award the engineering contract to Al Franks Engineering for the design of County Avenue detention basin and the Bobby Ferguson pond outfall structure improvement. What would be the desire of the board for the consent?

Motion to adopt. Second. Second. So have a motion, a second. Any other discussion? All those in favor say I. I.

Opposed. The consent agenda passes. Moving right on into our regular agenda. Item number six tonight is consider the following action concerning the demolition of seven substandard structures. We're going to conduct a public hearing to receive comments regarding certification of certain delinquent taxes. Then we're going to adopt a resolution, propose a resolution certifying the amount to be put on the tax books as delinquent and collected accordingly. At this time, we'll turn the meeting over to public works uh uh director Roger Douglas and we will open a public hearing. These are the demolitions that we done with CDGB money that the ones we did with the public works budget we did not put leans on.

Anyone have any questions about the seven that are on the list? I I got a question but it's somewhat indirectly with this.

Okay. My my question would be is you know I have asked for the city manager any time for us to do a housing study. Apparently that's probably not going to get done. But my thing is what type of standard is the city going to have as to what house to tear down now? Because if we eventually get some type of housing study and see what house it could be rehab, there's probably not going to be none left. based on the way that the city is taking them. And I give two example. There's two houses on Ferguson Street. One of them had fell in in the backside and one over there down there by the creek. It it fell in. Then you go over over there on what street? Or street. There's two over there. Or maybe I go a little bit further over in Kica [snorts] Hill area. There's a a a brick house that half of the side been there and it been there for 10 years or more. Uh and it fell in where part of it fell in. Then you go down on if I can remember uh uh I think on street. I think that's the street by the railroad track. It was a fire on on the white house over there. And and the point I'm trying to make here is those should be more priority than a house that just sitting there somebody ain't got the window boarded up which you probably can just go board it up a window and that otherwise I'm just trying to ask what type of standard would the city incorporate or get as to what houses to be towed down you know

most all of them that we get are either or like you said, half of them fell down, something like that. There's been a fire or if there's something that we that the police department has have been having trouble with an abandoned house that goes into it. There's a lot of different things that goes into which houses are picked.

Well, for the police department abandoned house, that probably could be resolved. If the city up the penalty in the pain and they are just board up the house then they ride through there and see the house not board it because I don't want to see like I said be when I started my conversation I don't want to see that we doesn't have any houses that could be because I've drove around on the other side of 12th Street you got abandoned houses down that way on 12th over there on street Uh what else street is that? Uh I'm trying to think. I think it's maybe uh large No, not Lar Street on up some sink street. You got houses over that way and and that that abandoned, but I don't think those houses quick going to get uh condemned versus a house over there on College Hill or Carmichael Hill. You know, for some reason,

we get we get them all across the city. But if you look at the data of the house has been condemned in in tot maybe four or five even years. So so my like I said my point is that I would like to see some type of other standard that's done because and like I said I was trying to like I say if the city manager able to do a housing study because there's money out there for do house. I had got a phone call the other day. A guy stay on Mort Street. He was asking me was there in the money to help do his roof. And I was telling him that's money out there, but the city got to go for it. No, if the city doesn't apply for uh I don't think cuz you got to have a I think there some type of N you got to have for some type of 501c3 and it's designed for the city go at the money with the hood. So, and and so and that's what I'm getting at. So, and uh and making finish this up. I'm planning on maybe uh this could be addressed with the community sometime in April. I just thought about that if there was three meetings. One over there at Braford, one somewhere in College Hill area, and one at this Washington have about three different meetings in W 2 in the month of April. I just get back with C. That way the citizen can come and see if they seeing the same thing I'm seeing. I have them come and ask me this. But asking me and come to a board meeting is basically two different thing. You know, you can ask me question all day, but I was telling them until you see the until you get the city manager to want to get involved in doing something about the housing situation in W 2 or maybe throughout [snorts] the city, it really ain't going nowhere from from my standpoint, you know.

Any other discussion? Uh, I I have a question just out of curiosity. This four states urban development project, is that any kind of government entity? Is that that owns that or is that just or do you know? No. No, sir. That's that's a private company. That was whether rather large bill they racked up there, right? $12,000 for

Yes, sir. Any other discussion? If not, I'd instruct the city attorney to read the resolution. Whereas notice was given to Arkansas code annotated 1454904 to the property owners of the properties listed as in exhibit 8 of a hearing before the texture can Arkansas board of director to determine the amount of the lean if any to be placed on the properties for the expense incurred by the city for removal of demolished structures and debris from nuisance properties of such parcel of real property under the provisions of Arkansas code annotated 1456201 at sequer and Arkansas code annotated 145491 at its equator and the city of Texas Arkansas code of ordinances including without limitation chapter 12 article 8 and whereas such notice was given pursuant to the applicable law more than 30 days prior to the date of the hearing and stated that the hearing on the matter would be before the city board of directors on February 17th commencing at 6 pm in the texture county Arkansas municipal building boardroom whereas a hearing on such claim by the city was held this date pursuant said notice and in accordance with the provisions of applicable law and the city of Texas Arkansas code of ordinances and whereas the properties that issue property owners and lean amounts with the amount of the lean on each said parcel being the city's incurred expense for such parcel plus 10% penalty as provided by law including without limitation Arkansas code annotated 1454904 are listed on exhibit A attached Tier two, whereas the board of directors has determined that there should be certified to the Miller County, Arkansas tax collector to be placed on the books as delinquent taxes the amount set forth for each said parcel of real property. Now therefore, be it resolved by the board of directors of the city of Texter

County, Arkansas, [clears throat] that the names of amounts set forth for each piece of property in exhibit A are hereby certified to the tax collector for Miller County, Arkansas for placement on the tax books as delinquent taxes on the respective parcels of real property identified and described therein and collected accordingly as provided for by applicable law, including without limitation, Arkansas code annotated 1454 901 at SEC. City attorneys read the resolution. Desire of the board. Motion to adopt. Second. Have a motion to second. Any other discussion? Could you [clears throat] call the role? Director Harris? Yes. Director Halibush? Yes. Director Juel? Yes. Director Smith?

Yes. Director Roberts? Yes. Mayor Brown? Yes. The resolution passes. Moving on to item number seven is to consider the following action concerning the maintenance of overgrown lots. Conduct a public hearing regarding the placing of leans on 47 overgrown lots. Adopt a resolution placing leans on 47 overgrown lots. Roger Douglas.

These are the weed lots that we bring before you ever so often every year. Anybody have any discussion, any comments or questions? If not, I would instruct the city attorney to read the resolution. Whereas notice was given pursuant to Arkansas code annotated 1454904 to the property owners of the properties listed list listed in exhibit A of a hearing before the text Arkansas board of directors to determine the amount of the lean if any to be placed on the properties for the expense incurred by the city for removal of overgrowth trash and debris from nuisance properties of such parcel of real property [cough and clears throat] of Arkansas code annotated 1456201 at sequ and Arkansas code annotated 145491 Equator and the city of Texicanana, Arkansas code of ordinances, including without limitation chapter 12, article 8. And whereas such notice was given pursuit to applicable law more than 30 days prior to the date of the hearing and stated that the hearing on the matter would be before the city board of directors on February 17th commencing at 6 in the texture county, Arkansas municipal building boardroom. And whereas a hearing on such claim by the city was held this day pursuant said [snorts] notice in accordance with the provisions of actual law and the city of texture county Arkansas code of ordinances and whereas properties [clears throat] at issue property owners and lean amounts with the amount of lean on each said prop parcel being the city's incurred expense for such partial plus 10% penalty as provided by law including without limitation Arkansas code annotated 1454904 listed on exhibit A attached here too. Whereas the board of directors has determined that there should be certified to the Miller County, Arkansas tax collector to be placed on the books as delinquent taxes the amount set forth for each said parcel of real property. Now therefore, be it resolved by the board of directors of the city of texture county, Arkansas, that the amount set forth for each property for each piece of property

rather in exhibit A are hereby certified to the tax collector for Miller County, Arkansas for placement on the tax books as delinquent taxes on the respective parcels of real property identified and described therein and collected accordingly as provided for by ACA law, including without limitation Arkansas code annotated 145491. on head secretary. City attorneys read the resolution. Desire of the board. Motion to adopt. Second. We have a motion and a second. Any other discussion? Could you call the ro? I just Yes.

I just want to make another note. I counted 35 of those properties out of 47 from war. Is that any uh big rationale behind that? of were these houses that from abandoning houses that was towed down or what? It's just properties that don't clean up and stuff. We get complaints on them. We have to send people over to clean them up. Okay. And then my other question, you don't give nobody a notice to take them before the court judge.

Yeah. These is based on a 24 because if I read your ordinance, the ordinance said that you got seven days if you send somebody the letter to clean up, but it doesn't say that they have to go before uh municipal court. They don't go before the court unless they're written a citation. A lot of these you a lot of these that we do, people are not even here. their own out of state and everything else.

We prioritize the weed lots based on the complaints that come in and if we issue them a citation and send them to court, those those weed lots are just uh staying uncut even longer. Um our ordinances also um require public works to go in and and remedy that. So, we have found that this is the best option for uh for the community to get in there, get the weed lot cut, um and then and build them for that.

Okay, I understand that. But what when is y'all what when is the city property and and a person like me make a request for the city proper? Why sometime they take anywhere from 6 months maybe eight months? I'm going to give an example. Over there by 218 over there by Hot Points, there's a alley through there or city right away. I don't think y'all ever cut that. Then the grass over there by uh behind over there by Saber Lock near the creek. No, I have made two or three nose. But but point what I'm trying to make is that just a they give a for the make people have theirs and cut within seven days. But the city doesn't apply the same standard to them. They they not cut this situation with some not even cut today. And that was made a request by me. So how do you get the city to do what they need to do if you trying to make the [clears throat] resident do what they need to do by giving them a 7-day uh letter and then they got seven days to do it?

I would love to be able to do that. And if the board would like to give us additional employees, probably about 20 of them, we could certainly make that happen. Okay. But I'm just saying that like mean that the city should be somewhat on the same standard you putting the resident on. That that's that's the point I'm trying to make that uh you like I said, those two place I just named. One place ain't been cut in a year or two. And I know they've been cut because I have made that request. But yet you give people a notice and they got seven days to cut. So where's the fairness in that?

We're trying to keep the citizens happier than us. Is the ordinance that requires us to uh remedy weed lots. Is that our ordinance or is that something that's from the state? It's it's ours and I don't remember the exact wording of it. Um, I'd have to go back and look at it, but that is in our ordinances. Any other discussion?

Well, what what is our requirement per our ordinance? What is the when it's determined to be when public works determined it to be the grass too tall? How how long does the owner of that lot have to remedy the situation to get the grass cut? They have seven days. How many? Seven days. Seven days. Now, they'll if they call and say that they're working on it, but they've got this problem or that problem, it gets extended. Okay? I mean, we don't rush right over there and do it.

But let's let's say 7 days public works decide that they want to take action. The city can show up and and cut that on the eighth day. They could and bill them for the 200. They don't, but I know. But they could. Is that right? Yeah. Technically, we could. Yes, sir. Um, it normally takes us way longer than that. Understand to them, but yes, technically you're you're correct. And and isn't that a little too quick? We never get to it in seven days. Well, I understand. Okay. Any other discussion? We have a motion and a second. Could you call the role? Don't we? Yes. Yes.

Yes. I'm sorry. Director Harris, yes. Director Halabush, yes. Director Juel, yes. Director Smith, yes. Director Roberts, yes. Mayor Brown,

yes. The resolution passes. Our last item, item number eight, adopt a resolution authorizing directing the city manager enter an agreement with Amtrak to lease a portion of the municipal parking lot located at 219 Front Street, Tyler. So, many of you are aware um a couple of years ago when our Amtrak station down at at Union had to move out of that building due to a a partial roof collapse. Um they set up a temporary office in that Union Station parking lot. Um but that their ultimate goal is not to be in that. They have since gone to solely to online ticketing. We've been speaking with Amtrak um trying to ensure that they they stay here locally um and offer their services. Um we've been talking to them for probably about four years about some options. Um so this is the the best option that we could come up with with still providing for our police department down there in the parking lot. um all they want is a small strip at the edge of the parking lot. They'll um they'll have access to the platform at the back of that parking lot and it's just right on the edge of our property line. So, it doesn't affect the um our parking in the lot currently. Um the only thing it does is uh do away with a few parking spots roadside there, but they um they agreed to put up an opaque fence between this access path and our police parking. Um it's going to be landscaped. It's it's going to we ensured that it would it look good. Um but it's just um a small ADA path to get from Front Street to the platform for their ticketed passengers.

Have any questions?

Any questions? If not, I'd instruct the city attorney to read the resolution. Whereas the city of Texican, Arkansas owns real certain real property located at 19 East Front Street, Texican, Arkansas, which is currently used as a municipal parking lot for the Texican Arkansas Police Department. And whereas the National Railroad Passenger Corporation desires to lease a portion of the property for purposes reasonably related to the operation of rail passenger station and Amtrak's business operations. And whereas the city manager has negotiated lease agreement with Amtrak providing among other things for Amtrak's lease of approximately 1,080 square ft. 002 acres of the parking lot an initial term of 5 years commencing July 1, 2025 with one optional 5-year extension and an annual fee of $1. And whereas the city board of directors finds that entering into the lease is in the best interest of the city and supports continued passenger rail service operations and related station access and improvements. Now therefore, be it resolved by the board of directors of the city of Tetkan, Arkansas that the city manager is authorized to enter into the attached lease agreement with man.

City attorneys read the resolution. Desire of the board. Motion to adopt. Second. Have a motion and a second. Any other discussion? Did you call him? I have a question here. Is there Josh, is there a release a liability to the city in the Jake? Sorry. Close enough. It says Josh on the name tag. He's tricking you. It does. I promise that's not the first time that's happened. I don't know that. Uh I haven't. Yes, there is. There is. Okay. I was looking for it. I just didn't. Any other discussion? Could you call the role? Director Harris? Yes. Director Halibish? Yes. Director Juel? Yes. Director Smith. Yes. Director Roberts. Yes. Mayor Brown.

Yes. And the resolution passes. Moving into board's commentary. Is there any board member that wishes to address the board tonight? Director Harris. I just want to remind the public, I guess, uh the city that uh February is black uh restaurant no black history month. Uh, and I don't I don't know if I don't think nothing said at the first of the meeting last about what two weeks ago, but it's still what until the about two more weeks left. So, but this is Black History Month. So, any other board member?

I just want to uh pull the board real quick. I know in November we were looking at uh revising our current for food truck ordinance and I was going to see if you guys would be interested in attending a workshop to work through some of those details. What we do is that I mean can we set a date maybe sometime in March? It's up to you. Okay. I just want to make sure everybody's available to show up. We set a date. We'll send out um we'll we'll email each board member with some available dates to schedule something for you. Okay. All right. Thank you.

Any other discussion? Not I'd entertain a next meeting will be Monday, March the 2nd. I'd entertain a motion to adjourn. Motion to adjurnn. Second. Have a motion to second. Could you call the role, please? Director Harris. Yes. Director Hullish. Yes. Treasure Juel? Yes. Director Smith? Yes. Gretch Robert.