CITY OF TEXARKANA, ARREQUEST FOR BOARD ACTION |
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AGENDA TITLE: Approval of Minutes of the regular meeting May 19, 2008. |
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AGENDA DATE: 06/02/2008 |
ITEM#: 6A |
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DEPARTMENT: Administration |
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DATE SUBMITTED: 05/28/2008 |
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PREPARED BY: Patti Scott Grey |
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SUBJECT: May 19, 2008 regular meeting minutes |
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EXHIBITS: Minutes |
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APPROVAL:
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EXPENSE REQUIRED: $0.00 |
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AMOUNT BUDGETED: $0.00 |
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APPROPRIATION REQUIRED: $0.00 |
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SUMMARY: The minutes of the May 19, 2008 regular meeting are provided for your approval. |
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BOARD ACTION: |
REGULAR MEETING OF THE
BOARD OF DIRECTORS
OF THE CITY OF TEXARKANA, ARKANSAS
MAY 19, 2008
__________________________________
MEMBERS PRESENT:
The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 7:00 PM on May 19, 2008 with the following members present: Assistant Mayor Williams, and Directors Patsy Cornelius, Chad Dowd, Kathy Dunphy, and Sue Johnson. Also present were City Manager Harold E. Boldt, City Attorney Ned Stewart, and Deputy City Clerk Alisa Hill. Mayor Horace G. Shipp, Director Shirley Bradley and City Clerk Patti Scott Grey were absent.
INVOCATION:
The invocation was given by Director Kathy Dunphy.
CONSENT AGENDA:
Director Johnson moved to approve the consent agenda. The motion was seconded by Director Dowd and carried unanimously. The items approved by consent were:
MINUTES:
The minutes approved were of the regular meeting of May 5, 2008.
RESOLUTION NO. 5519
Resolution No. 5519 approves the request by Salli Brown of Beech Street First Baptist Church, for a jointly sponsored “Ice Cream Fellowship” on Sunday, July 13 2008. (The event will be sponsored jointly by Beech Street First Baptist Church and First Presbyterian Church.)
RESOLUTION NO. 5520
Resolution No. 5520 states some $2,398,426.00 in Certificate of Obligation (C.O) funds have been received; therefore, the $1,746,587.99 Bowie County advanced the City of Texarkana, Arkansas, to pay the City’s share of the cost of energy improvements to the Bi-State Justice Building, is now being reimbursed. The Finance Department recommends reimbursement to Bowie County in the amount of $1,746,588 and paying the remaining $651,848 of C.O. funds incrementally to T.A.C. under the contract
RESOLUTION NO. 5521:
Resolution No. 5521 accepts preferred bid and authorizes the City Manager to enter into a contract with Southwestern Equipment Company, of Brownsburg, Indiana to purchase a cold plane milling machine (Roadhog), for an amount not to exceed 472,450.00, for the public works department.
RESOLUTION NO. 5522
Resolution No. 5522 accepts the three year audit engagement letter with Holliday, Lemons, and Cox, P.C. for 2007.
REGULAR AGENDA:
RESOLUTION NO. 5523
Resolution No. 5523 was read in its entirety. Said resolution expresses the intent of the City of Texarkana, Arkansas to reimburse expenditures of the city pertaining to certain capital improvements from the proceeds of franchise fee secured revenue bonds to be issued by the city; authorizing the mayor and city manager, in cooperation with the underwriter and bond counsel, to proceed with matters preliminary to the issuance of the bonds for the purpose of financing the capital improvements and refunding the city’s franchise fee secured capital improvement bonds, series 1999, and its franchise fee secured capital improvement and refunding bonds, series 2002; appointing an underwriter and bond counsel, approving the preparation and delivery of a preliminary official statement; and setting forth other matters pertaining thereto.
City Manager Harold E. Boldt stated the purpose of the resolution was to refinance existing franchise fee bond issues at a lower rate allowing the City to take lower rates, extend the maturities, and generate capital resources for Crossroads Business Park. He stated the financing would cover the cost of Crossroads Boulevard between the newly constructed section of Crossroads Boulevard out to Jefferson Avenue. Mr. Boldt commented, it would demonstrate to investors and developers, within the community, the City was dedicated to the improvements and construction of Crossroads Blvd. He stated the refinancing of the franchise fee bonds would generate approximately 2.3 million dollars in resources. Mr. Boldt commented the rate would be as low as 4.75% on the new bonds. He stated this would assist with creating more retail sales and jobs.
Directors Dunphy, Dowd and Cornelius complimented the City Manager on an innovative way to find the resources to continue the construction of Crossroads Boulevard.
Director Johnson, seconded by Director Dowd, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye. The Assistant Mayor declared the resolution adopted, as there were five ayes and no nays.
PUBLIC HEARING:
Assistant Mayor Williams opened a public hearing to receive comments regarding abandonment of the dedicated 16’-0” utility easement across the rear of Lot 5 of the replat of Lots Two and E½ of Lot 3, Block 2, located at 4101 Central Place, BEMIS GROVE ADDITION, Texarkana, Miller County, Arkansas. (Tony Asbille, Waylon Thompson, Brian Hawthorne, Willie Stroup, Gale Page, and Danny R. Gordon)
City Planner Mr. Eston McGee spoke briefly regarding the easement. He stated the utility easement abandonment was located on the back of Lot 5 of the replat of Lots 2 and the E1/2 of Lot 3, Block 2, located at 4101 Central Place. Mr. McGee stated the easement only contains electrical service and AEP-SWEPCO asked for only the north 16’x 20’ portion of the easement to remain. All other utility companies were contacted and had no issues with the abandonment of the easement. He stated the current owner would like to construct an accessory building within the existing easement. Mr. McGee stated the Planning Commission voted 6 to 0 in favor of the abandonment, subject to the retention of the 16’ x 20’ retention on the North end of the easement. Mr. McGee asked if he could respond to questions.
Assistant Mayor Williams asked if anyone in the audience or board members had questions or comments concerning this item.
No one else came forward; therefore, the Assistant Mayor declared the public hearing closed.
ORDINANCE NO. L318
An ordinance was introduced to be entitled, “AN ORDINANCE PROVIDING FOR VACATION AND ABANDONMENT OF THE DEDICATED, EXISTING 16’-0”UTILITY EASEMENT ACROSS THE REAR OF LOT 5 OF THE REPLAT OF LOTS TWO AND E1/2 OF LOT 3, BLOCK 2, BEMIS GROVE ADDITION TO THE CITY OF TEXARKANA, MILLER COUNTY, ARKANSAS, RETAINING AN EASEMENT 20’-0” IN LENGTH ON THE MOST NORTHERN END OF THE SHOWN EASEMENT FOR AN EXISTING AEP-SWEPCO DOWN GUY.” Said ordinance abandons the dedicated 16’-0” utility easement across the rear of Lot 5 of the replat of Lots Two and E½ of Lot 3, Block 2, located at 4101 Central Place, but retains an easement 20’-0” in length on the most northern end of the easement. The utility easement is legally described as: as the dedicated 16’-0” utility easement across the rear of Lot 5 of the REPLAT OF LOTS TWO AND E½ OF LOT 3, BLOCK 2, BEMIS GROVE ADDITION, Texarkana, Miller County, Arkansas.
Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Dowd and carried unanimously.
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 Johnson. The Deputy Clerk called the roll and the following vote resulted: Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye. The Assistant Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was read the second time and the Assistant Mayor declared the ordinance open for discussion.
Director Johnson 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 Dunphy. The Deputy City Clerk called the roll and the following vote resulted: Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye. The Assistant 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 Assistant Mayor declared the ordinance open for discussion.
The Assistant Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the roll and the following vote resulted: Directors Cornelius, Johnson, Dunphy, Dowd, and Assistant Mayor Williams voted aye. The Assistant Mayor declared the ordinance passed, as there were five ayes and no nays.
PUBLIC HEARING:
Assistant Mayor Williams opened a public hearing to receive comments regarding abandonment of the dedicated 16’-0” utility easement at #25 North Valley between Lots 112 and 113 of the PARTIAL REVISION of WOOTEN’S SUBDIVISION, being part of the W½, Section 25, Township-15-South, Range-28-West, Texarkana, Miller County, Arkansas. (Stephen Kyles)
City Planner Mr. Eston McGee spoke briefly regarding the easement. He stated the utility easement abandonment was located between lots 112 and 113 of the PARTIAL REVISION of WOOTEN’S SUBDIVISION Mr. McGee stated duplicate easements existed. He noted the easement being considered for abandonment did not have any existing utilities, except where it crossed with the easement that would remain in effect. A 16’ by 16’ area of the abandoned easement would remain in effect at this location, as it was needed for the overhead electrical lines. All other utility companies were contacted and had no issues with the abandonment of the easement. Mr. McGee stated the home on the lot was demolished and the owner had plans to build a new home. He commented the Planning Commission voted 6 to 0 in favor of the abandonment, subject to the retention of the 16’ x 16’ retention on the intersection of the easements. Mr. McGee asked if he could respond to questions.
Assistant Mayor Williams asked if anyone in the audience or board members had questions or comments concerning this item.
No one else came forward; therefore, the Assistant Mayor declared the public meeting closed.
ORDINANCE NO. L-319:
An ordinance was introduced to be entitled, “AN ORDINANCE PROVIDING FOR VACATION AND ABANDONMENT OF THE DEDICATED, 16’-0” UTILITY EASEMENT BETWEEN LOTS 112 AND 113 OF THE PARTIAL REVISION OF WOOTEN’S SUBDIVISION, BEING PART OF THE W1/2, SECTION 25, TOWNSHIP-15-SOUTH, RANGE-28-WEST, CITY OF TEXARKANA, MILLER COUNTY, ARKANSAS, RETAINING PART OF THE UTILITY EASEMENTS ALONG THE LINE BETWEEN LOTS 112 AND 113 FOR EXISTING SOUTHWEST ARKANSAS RURAL ELECTRIC ASSOCIATION OVERHEAD LINE CROSSING THE PROPERTY FROM EAST TO WEST.” Said ordinance abandons dedicated 16’-0” utility easement at #25 North Valley between Lots 112 and 113 of the PARTIAL REVISION of WOOTEN’S SUBDIVISION. But retains part of the existing utility easement measured 16’-0” X 16’-0” at the intersection of the two existing utility easements along the line between Lots 112 & 113 for the existing Southwest Arkansas Rural Electric Association overhead line crossing the property from East to West. The utility easement is legally described as: the dedicated 16’-0” utility easement between Lots 112 & 113 of the PARTIAL REVISION of WOOTEN’S SUBDIVISION, being part of the W½, Section 25, Township-15-South, Range-28-West, Texarkana, Miller County, Arkansas.
Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Johnson and carried unanimously.
The ordinance was read the first time.
Director Johnson moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Dowd. The Deputy Clerk called the roll and the following vote resulted: Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye.. The Assistant Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was read the second time and the Assistant Mayor declared the ordinance open for discussion.
Director Johnson 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 Dunphy. The Deputy City Clerk called the roll and the following vote resulted: Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye. The Assistant 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 Assistant Mayor declared the ordinance open for discussion.
The Assistant Mayor then put the question, "Shall the Ordinance pass?" The Deputy City Clerk called the roll and the following vote resulted Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye. The Assistant Mayor declared the ordinance passed, as there were five ayes and no nays.
PUBLIC HEARING:
Assistant Mayor Williams opened a public hearing to receive comments regarding abandonment of the dedicated, unimproved 40’-0” Miles Street right-of-way between Lots 1-8, Block 2, MILES ADDITION, Texarkana, Miller County, Arkansas and between the Roberts Street right-of-way and the dead-end. The right-of-way is located in the 200 block of Roberts Street. (William & Melissa Saunders and John & Betty Harvin)
City Planner Mr. Eston McGee spoke briefly regarding the easement. He stated the right-of-way was for a plated street many years ago and had never been constructed. He noted the City has over 200 miles of platted, but unconstructed streets. Mr. McGee stated all utility companies had been contacted and that none of them had requested easements. The easement is a 40’ right-of-way and the City presently required a minimum of 50’ for a street right-of-way. He commented the Planning Commission voted 6 to 0 in favor of the abandonment. Mr. McGee said he would be happy to answer any questions.
Director Cornelius asked for the reason the abandonment request.
Mr. McGee stated the City had received a preliminary replat reconfiguring the lots into 8 larger lots with a new street extending from Logan Street and ending in a cul-de-sac, per code.
Assistant Mayor Williams asked if anyone in the audience or board members had questions or comments concerning this item.
No one else came forward; therefore the Assistant Mayor declared the public meeting closed.
ORDINANCE NO. L-320:
An ordinance was introduced to be entitled, “AN ORDINANCE PROVIDING FOR VACATION AND ABANDONMENT OF THE DEDICATED UNIMPROVED 40’-0” MILES STREET RIGHT-OF-WAY BETWEEN ROBERTS STREET AND THE DEAD-END, CITY OF TEXARKANA, MILLER COUNTY, ARKANSAS, AND BEING IN THE 200 BLOCK OF ROBERTS STREET.” Said ordinance abandons the dedicated, unimproved 40’-0” Miles Street right-of-way. The right-of-way is located in the 200 block of Roberts Street. The right-of-way is legally described as: the unimproved 40’-0” Miles Street Right-of-Way between Lots 1-8, Block 2, MILES ADDITION, Texarkana, Miller County, Arkansas and between the Roberts Street ROW and the dead-end.
Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Dowd and carried unanimously.
The ordinance was read the first time.
Director Johnson moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Dunphy. The Deputy Clerk called the roll and the following vote resulted: Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye. The Assistant Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was read the second time and the Assistant Mayor declared the ordinance open for discussion.
Director Johnson 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 Dunphy. The Deputy City Clerk called the roll and the following vote resulted: Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye. The Assistant 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 Assistant Mayor declared the ordinance open for discussion.
The Assistant Mayor then put the question, "Shall the Ordinance pass?" The Deputy City Clerk called the roll and the following vote resulted: Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye. The Assistant Mayor declared the ordinance passed, as there were five ayes and no nays.
ORDINANCE NO. L-321:
An ordinance was introduced to be entitled, “AN ORDINANCE AMENDING ARTICLE V, SECTION 7-159 OF THE CITY CODE OF ORDINANCES TO EXEMPT MOTELS AND HOTELS FROM BEING REQUIRED TO INSTALL ALL PERMANENT ELECTRICAL WIRING IN CONDUIT” Said ordinance amends, Article V, Section 7-159 of the City Code of Ordinances (Ordinance No. H-295), allowing hotels and motels to use Romex type electrical wiring in certain parts of the buildings.
Director Cornelius asked what the City wanted to allow the builders to use if the Code was amended.
City Manager Harold E. Boldt stated they would be allowed to use Romex, coated wiring, in places that are safe to do so. Conduit would still be required in certain places. Mr. Boldt stated it was a change that made sense and would save the builders up to $50,000.00.
Director Cornelius stated she had often seen Romex used in conjunction with conduit.
Mr. Boldt asked Public Works Director Jeff Hill, if he would like to add anything.
Mr. Hill stated the code was an out of date code that needed to be modified and would be inline with the current national and state electrical codes.
Assistant Mayor Williams asked if anyone in the audience or board members had questions or comments concerning this item.
No other questions or comments where made.
Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Cornelius and carried unanimously.
The ordinance was read the first time.
Director Johnson moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Cornelius. The Deputy Clerk called the roll and the following vote resulted: Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye.. The Assistant Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was read the second time and the Assistant Mayor declared the ordinance open for discussion.
Director Johnson 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 Deputy City Clerk called the roll and the following vote resulted: Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye. The Assistant 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 Assistant Mayor declared the ordinance open for discussion.
The Assistant Mayor then put the question, "Shall the Ordinance pass?" The Deputy City Clerk called the roll and the following vote resulted: Directors Cornelius, Dowd, Dunphy, Johnson and Williams voted aye.. The Assistant Mayor declared the ordinance passed, as there were five ayes and no nays.
CITIZEN COMMUNICATION TIME:
§ Elvis R. Scott, 3011 E. 44 Street, briefly spoke about flooding problems within his neighborhood. He requested the City staff come and meet with him and his neighbors to look at the situation to see what could be done to help correct the problems.
OTHER BUSINESS:
§ Assistant Mayor Williams asked City Manager Harold E. Boldt if there was a possibility of hiring some additional laborers for the Public Works Department to assist with the needed work of cleaning out ditches, patching roads, and etc. Mr. Boldt answered that temporary crews might be possible. Public Works Director Jeff Hill stated, money was the issue and the City needed skilled labor not temporary help, but that the budget would not allow for this. He stated the Public Works Department was trying to work smarter. This included replacing outdated equipment that was not financially feasible to continue to repair, using City labor rather then contracting work out and using machines to minimize the need for extra labor. Mr. Hill stated an example of this was the grabble truck. By purchasing a grabble truck, one employee could do the work that previously took six laborers and one to two pick up trucks. This allowed the remaining five employees to work on other projects. Mr. Boldt agreed, the City did not presently have resources to hire permanent employees, but the City was currently using prison labor to help clean up the ditches and mow. Mr. Hill discussed the purchase of the new Roadhog that the Board had just approved and how it would assist the City in repairing roads at a lower cost, if the City subcontracted out the work. He also discussed the cost of repairing different pieces of equipment and the cost of replacing them. Assistant Mayor Williams asked Mr. Hill if the City would be able to do anything about the flooding in Mr. Scott’s neighborhood at this time. Mr. Hill stated he would like to say that the City could take care of the problem immediately, but until he personally saw the situation and evaluated what needed to be done, he could not make that commitment. Mr. Boldt stated they would go out and assess the situation the next day and take care of the problem.
§ Director Dunphy asked Mr. Hill, if they had hired anyone for the Parks and Recreation position. Mr. Hill stated that the position had not been filled. Director Dunphy stated, she felt the City should hire more laborers rather then another supervisory position. Director Cornelius stated, the City would not qualify for many of the grants unless they had a Parks and Recreation Director. Director Dunphy acknowledged this, but felt the Board of Directors needed to conduct the business for the citizens who vote for them and having the laborers to take care of the drainage problems were more important then a Parks Director. Mr. Hill stated the funds for the Park superintendent were coming from the Advertising and Promotion Commission (A and P) funds and the City could not use this money to staff up the Public Works Department. Mr. Boldt agreed with Mr. Hill, and stated the parks department is one of the most forefront areas that the A and P funds can be used.
§ Director Dunphy asked about the ordinance on trailers. She stated a trailer had been moved in where it was not allowed and she wanted to know what could be done about it. Assistant Mayor Williams stated, at times it does not matter what the ordinance states, the City needs to consider the situation and make allowances for people who are on a fixed income and have family members with disabilities. Director Dunphy stated there are certain areas that allow trailers and the Board approved the ordinance that prevented trailers throughout the City. Assistant Mayor Williams and Director Dunphy continued to discuss the issue. Director Cornelius asked City Attorney Ned Stewart if they were talking about trailers that were grandfathered. He replied, they may have been, but that if the existing mobile home is removed it can not be replaced. Mr. Stewart also stated that if the City makes one exception to the ordinance, they can not refuse to make another exception. Director Cornelius agreed, the City can not make arbitrary exceptions. Director Dunphy asked Mr. Hill if the City inspectors were driving different parts of the City on a daily bases. Mr. Hill stated the City only had two Code Enforcement Officers. Director Dunphy stated she did care how many inspectors the City had she wanted to know if he had a mapped out route they drove on a rotating bases. Mr. Hill stated each of the inspectors had a specific section they were assigned to and responsible. Director Dunphy stated, if the inspectors were checking their areas routinely, the trailer would have been caught and would not have been able to be moved in to the area. Mr. Hill stated, currently, the Code Enforcement Officers spent most of their time responding to complaints. He also stated his building inspectors were told to keep their eyes open and report any of the code violations they saw. Director Dunphy stated Carl Conley handled the situation the same way and it did not work well. Mr. Hill stated he wished they did not have to do it this way, but he felt it was the City’s responsibility to respond to the citizens complaints; however, he was open to suggestions. Director Dunphy stated the Code Enforcement Officers and Inspectors should be assigned a route to drive when they did not have anything else to do. Director Cornelius stated that it did not hurt for the Directors to call in with any violations they had seen. Mr. Hill agreed, and stated the Public Works Department had implemented an incident data base to track and respond to all complaints. He also commented he had implemented an inspection call in line for builders to schedule inspections, so the inspectors could map out their route and schedule thereby freeing up time. Mr. Hill stated he was having the inspectors help with the City’s plumbing and electrical needs to cut the cost of subcontracting out this work. Mr. Hill stated the problem was not with the employees doing their job it was with them having too much work to do. Director Dunphy asked if they could not have a mapped out route to drive in their spare time to look for code violations. Assistant Mayor Williams asked Mr. Hill how many inspectors the City had to cover the 300 square miles within the City. Mr. Hill responded the City had two Building Inspectors and two Code Enforcement Officers. Mr. Hill stated the Police Department also assisted by calling in with any code violations they saw and the Public Works Department was currently working with the Police Department to give them access to the incident data base. Director Dunphy stated this was a sore point with her, as they should not be doing the Public Works Department’s job. Assistant Mayor Williams thanked Director Dunphy.
§ Director Dunphy reminded everyone present to vote.
§ City Manager Harold E. Boldt stated he had instructed the staff to handle the situation with the trailer and thought it had been handled.. He stated he felt the City needed to look at the situation and evaluate the current ordinances. Director Dunphy stated that was acceptable, she was concerned with equal enforcement and uniformity throughout the City. Mr. Boldt asked, if the Board was in agreement they should take this issue in review and bring it back at a later time. The Board members agreed.
ADJOURNMENT:
There being no further business to come before the Board, on motion duly made, seconded, and unanimously carried, the meeting adjourned.
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Horace G. Shipp, Mayor
ATTEST:
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Patti Scott Grey, City Clerk