City Council

Cabot City Council Agenda Meeting Cabot City Annex – Council Chambers December 3, 2018 @ 6:30 p.m. Call to Order Public Works – Ed Long 1. Floodplain Ordinance Update Karen Knebel 2. Small Cell Ordinance James Walden (Information will be emailed tomorrow, November 30, 2018) 3. Parks and Recreation Sports Turf Travis Young 4. Public Works Community Input Budget & Personnel – Ann Gilliam 1. 2017 Audit Review Calvin Aldridge 2. 2019 Operating Budget Mayor Cypert 3. A & P City Council Commissioner Appointments 2019 Mayor Cypert 4. Ordinance Establishing Procedures Before City Council Norma Naquin 5. Budget & Personnel Community Input Police & Fire – Rick Prentice 1. Monthly Reports – Fire Department Chief Robinson (See Last Months Council Packet) 2. Monthly Reports – Police Department Chief Davis (See Last Months Council Packet) 3. Police & Fire Community Input Community Development – Kevin Davis 1. Community and Economic Development Report Amy Williams 2. Economic Development Services Agreement Mayor Cypert 3. Community Development Input General Community Input Adjournment Public Works  ORDINANCE NO. __ OF 2018 AN ORDINANCE AMENDING THE DATE OF THE FLOOD INSURANCE STUDY (FIS) AND FLOOD INSURANCE RATE MAP (FIRM); DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES WHEREAS, the Flood Insurance Study (FIS) and/or Flood Insurance Rate Map (FIRM) for the City of Cabot is scheduled to be updated by the Federal Emergency Management Agency (FEMA); WHEREAS, revisions to flood insurance studies and flood insurance rate maps require that these new documents be adopted by the City of Cabot; WHEREAS, it is necessary to amend Ordinance No. 1 of 2008 dated January 21, 2008; subject to the approval of this governing body. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CABOT, ARKANSAS, THAT: SECTION 1: Ordinance No. 1 of 2008 dated January 21, 2008 Section 2 A. is hereby amended to read as follows: FINDINGS OF FACT A. The Federal Emergency Management Agency (FEMA) has identified Special Flood Hazard Areas of the City of Cabot in the current scientific and engineering report entitled “The Flood Insurance Study (FIS) for Lonoke County, Arkansas, and Incorporated Areas” dated March 21, 2019, with an effective Flood Insurance Rate Map (FIRM) dated March 21, 2019. SECTION 2: SEVERABILITY. If any court of competent jurisdiction finds that any section, clause, sentence, or phrase of this ordinance is invalid or unconstitutional, that finding in no way affects the validity of the remaining portions of this ordinance. SECTION 3: EMERGENCY CLAUSE. It is hereby found and declared by the City of Cabot, Arkansas that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately. Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval. SPONSOR: PASSED: William A. “Bill” Cypert, Mayor DATE: APPROVED: _____________________________ William A. “Bill” Cypert, Mayor APPROVED AS TO FORM: ATTEST: ________________________________ ________________________________ Jim Taylor, City Attorney Tammy Yocom, City Clerk-Treasurer  Budget & Personnel Amending § 2-22(b) (b) Council Committees and Commissions (1) The only standing internal committee of the city council shall be the nominating and rules committee. The nominating and rules committee shall be made up of aldermen from Wards 1 and 3 on odd-number years and aldermen from Wards 2 and 4 on even-numbered years. The nominating and rules committee shall determine the number of city council committees, their function, and membership of such committees. Any council member who desires to serve on any particular committee shall so inform the nominating and rules committee. The nominating and rules committee shall, at its discretion, attempt to assign aldermen who have expressed a preference for any particular committee to the committee. The members of each committee shall designate the member who is to serve as chairperson of each committee. In the case of a tie for committee chairperson, the nominating and rules committee shall appoint the chairperson from those nominated by the committee. Any council member dissatisfied with committee assignments can appeal to the whole city council. (2) Ad hoc committees to study special problems and projects of the city may be created by a majority vote of the city council. The mayor and the nominating and rules committee shall recommend to the city council appointees for ad hoc committees. The city council by majority vote, shall appoint members to ad hoc committees. Addition to Code (c) Meetings. (1) All aldermen, representatives of the news media who have requested notification, and all other persons who have requested notification of committee meetings shall be notified of city council committee meetings. (2) Committee meetings shall be held when possible at times that allow all members of the committee to attend. In order for a committee to make an official recommendation to the city council a majority of the committee must agree on that recommendation. Aldermen who are not members of a particular city council committee may participate in the meeting of that committee except for voting on committee recommendations. Minutes of meetings involving the city council shall be the responsibility of the city clerk or his/her designee. The minutes shall reflect recommendations of the committee to the full council. (3) Quorum. A majority of the committee shall be necessary to constitute a quorum to do business. The concurring vote of a majority of those attending a meeting, providing a quorum is present, shall represent the acts of the committee. (4) Voting. Every member present when a question is put to a vote shall vote either "Yea" or "Nay", except that a member may abstain from voting if he has not participated in the preceding discussion of the question and that member briefly states the reason for the abstention. Pursuant to "Robert's Rules of Order", in the absence of a recommendation by the "Procedural Rules for Municipal Officials" the chairperson of the committee will not vote unless his vote is necessary to break a tie. (5) City council representation on other governmental groups. When it is necessary to appoint an council member to an external board, commission, or committee, selection of that council member shall be made by the mayor and a majority vote of the city council shall be required for confirmation of the mayor's appointment. (d) Mayor relationship. (1) Defining authority. In exercising its management responsibilities, the city council reserves its authority to approve policy which represents broad statements of its intentions, approves plans and programs, and delegate authority of administration to the mayor, except those rights that are by law conferred upon or reserved to the city council. The city council delegates the authority of the mayor to hire capable personnel within an approved wage and salary policy, to plan and establish schedules and to train, supervise and terminate employees. Per A.C.A. § 14-42-110, the city council reserves the authority to review the hiring or removal of a department head and may overturn the hiring or removal of a department head by the mayor upon two-thirds majority of the total membership of the city council (2) Definition of responsibilities. The mayor has the principal responsibility for directing the operations of the city government and for advising and assisting the city council in its deliberations. In connection with the latter responsibility, the city council expects and requests the mayor to furnish it with whatever data, information, and material it may need to properly carry out its functions in an informed manner. (3) The mayor also has the principal responsibility to ensure that the city's administrative officers and department heads understand and obey all local, state, and federal laws pertaining to the city's operations, and when a violation of any law is discovered, that immediate disclosure is made to the city council and proper and adequate disciplinary measures are taken against the responsible employee or employees. (4) The city council also expects the mayor to abide by the city's Code of Ethics; the city council also expects the mayor to require the city's administrative officers and department heads to abide by the city's Code of Ethics. (e) City council /Mayor Cooperation. (1) Efficient management of the city can exist only through mutual understanding and complete cooperation between the city council and the mayor. The mayor's performance cannot be of the best unless he is given the latitude to exercise independent judgment in executing policies of the city council. The city council acknowledges that obligation and gives the mayor the latitude of judgment and discretion, and expects faithful performance in carrying out the policies of the city council. (2) It shall be understood that administrative authority for the management of the city rests with the mayor. Members of the city council should refrain, as individuals, from giving specific direction or instruction to city personnel pertaining to the discharge of assigned duties, however, open communication between aldermen and city employees is encouraged and expected to guarantee sound decisions based upon the free flow of information. (f) Commissions. (1) Authorization by the city. The city council may authorize commissions to assist the city council in discharging its responsibilities more effectively. Authorization will be made by a majority vote of the city council. (2) Selection guidelines. The mayor shall have the responsibility of coordinating the selection process of members for the various Commissions prior to the final city council approval. The objectives of the selection process shall be as follows: (a) To provide a broad cross section of qualified individuals for service on the appointed bodies; (b) To provide an opportunity for participation in city affairs by interested citizens; and (c) To provide a means for involvement of all city councilmembers in the selection process. The city council will act officially on all appointments in public session. (3) Vacancy policy commissions. In cases in which this division is not in conflict with state or federal law, any city commission position which term has expired for a period longer than 60 days shall be declared vacant.  ECONOMIC DEVELOPMENT SERVICES AGREEMENT BETWEEN THE CITY OF CABOT, ARKANSAS AND THE CABOT CHAMBER OF COMMERCE This Economic Development Services Agreement (this “Agreement”) is entered into this ____ day of _December_, 2018, between the City of Cabot, Arkansas (the “City”), and the Cabot Chamber of Commerce (the “Chamber”) pursuant to the Local Job Creation, Job Expansion, and Economic Development Act of 2017 (the “Act”), codified at Arkansas Code Annotated Sections 14-176-101 et seq., and the following terms and conditions: RECITALS WHEREAS, the Cabot City Council has determined that a viable economic development program is essential to the public health, safety, and welfare of the citizens of the City through the creation of new jobs, job retention and the expansion of the City’s tax base as a result of new construction or improvements to existing real property; and WHEREAS, the City lacks both the staff and the resources to adequately pursue economic development efforts, and the Chamber is in a unique position to provide these services to the City; and WHEREAS, in order to further the public purposes described above, the Cabot City Council has determined to appropriate funds in order to compensate the Chamber for providing “economic development services” (as defined in the Act) to the City; and WHEREAS, pursuant to the Act, it is required that a formal written contract be entered into between the City and the Chamber to establish that the City is not merely making a contribution to general Chamber operations and that the City will receive unique benefits from the contractual arrangement; 1 4850-0956-6585.3  NOW, THEREFORE, IN ACCORDANCE WITH THE TERMS, CONDITIONS, CONSIDERATION AND OTHER MATTERS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. Term The term of this Agreement shall be from January 1, 2019 until December 31, 2019 [MAXIMUM ONE YEAR TERM PURSUANT TO §14-176-105(a)(3)]; provided, however, that this Agreement may thereafter be extended for subsequent terms of one (1) year each upon the approval of the Cabot City Council and acceptance by the Chamber. If any work or activities have been undertaken by the Chamber prior to the formal execution date of this Agreement, then engagement for those matters is hereby formally ratified by the City and appropriate payment to the Chamber shall be forthcoming. Either party to this Agreement may terminate this Agreement without penalty at any time upon written notice to the other. 2. Consideration The City shall determine annually the amount to be paid for the activities and services set forth in this Agreement. The Chamber may accept or reject the funding approved. If the Chamber rejects the approved funding amount, this Agreement shall be considered terminated. 3. Scope of Services Pursuant to this Agreement, and as consideration for the payments to be made by the City, the Chamber shall do the following, all of which shall be referred to as “Economic Development Services” hereinafter: 2 4850-0956-6585.3  (a) Provide and maintain an office for economic development, and make these facilities available to the City upon request for economic development discussions, or to conduct City business that would assist the City in retention of existing business and industry and expanding business and industry development within the City; (b) Provide a full-time, professionally qualified economic development director, who may be the Executive Director of the Chamber, and who will consult with the City on a frequent and regular basis as required to carry out the duties and functions outlined in this Agreement; (c) Work closely with the Mayor and City Council to carry out the duties and functions outlined in this Agreement; (d) Planning, marketing, and strategic advice and counsel regarding job recruitment, job development, job retention, and job expansion; (e) Maintain a visible presence as the economic development representative of the City in the community of Cabot, the State of Arkansas, and nationally and internationally; (f) Develop and secure tools for the purpose of recruiting economic development prospects, such as maps, charts, photos, tapes, brochures, reports, computers, software, access to industry and business related databases, and other items as are necessary and required to adequately promote new and expanding business and industry within the City; (g) Receive, study and respond to all appropriate inquiries which are directly or otherwise sent to the City, the Chamber or any other relevant entity by potential businesses, site consultants and individuals who want to locate business operations within the City and are seeking information about the community, its people, 3 4850-0956-6585.3  governmental history, economic base, quality of life, local community and governmental services, taxes and licenses, water, sewer, natural gas, electrical and other utilities, telecommunication services, transportation, waste collection, and other related data; (h) As appropriate and in cooperation with the City, welcome individuals and groups deemed by the City to be important to the City’s economic development efforts; (i) Assist in coordinating groundbreakings, civic presentations and other economic development activities involving the City and its officials; and (j) Coordinate economic development activities and announcements conducted on behalf of the City with the Mayor, City Council, appropriate department or agency directors, and other local, state and federal agencies. 4. City has no Financial Interest in Chamber Notwithstanding any of the provisions of this Agreement, the parties mutually agree and understand that the City has no financial interest in the business of the Chamber, nor shall the City be deemed or construed to be a partner, joint venture participant, or otherwise be interested in the assets, or revenues earned or derived by the Chamber. 5. Parties not to use Name or Credit of Other Party The Chamber shall not use the name or credit of the City in purchasing, or attempting to purchase, any equipment, supplies or other things or materials of any nature whatsoever. Likewise, the City shall not use the name or credit of the Chamber in purchasing, or attempting to purchase, any equipment, supplies or other things or materials of any nature whatsoever. 4 4850-0956-6585.3 6. Chamber is Independent Contractor The parties agree that in the performance of its obligations set forth in this Agreement, the Chamber shall be deemed an independent contractor in every respect and shall take all steps at its own expense, and pursuant to the use of its own materials and its method of operation, on tasks requested by the City. The City does not and will not assume any responsibility for the means by which, or the manner in which, the Economic Development Services provided by the Chamber are accomplished. The Chamber is solely responsible for the method, content and sequence of performance of the work set forth in this Agreement. 7. Non-Assignment of Agreement The Chamber shall not transfer or assign, or attempt to transfer or assign, this Agreement, or the license or any of the rights or privileges granted within this Agreement, without the express written permission of the City. The City is under no obligation whatsoever to grant any permission to the transfer or assignment of this Agreement. 8. Compliance with Law The Chamber agrees that in the performance of this Agreement it shall comply with all City ordinances, and with all laws of the federal government and the State of Arkansas, including particularly the Act, and including but not limited to, bans on discrimination on the basis of race, sex, color, national origin, gender or disability, and to the extent applicable, State of Arkansas or federal freedom of information laws. 5 4850-0956-6585.3 9. Disclaimer Entry into this Agreement is for the delivery of Economic Development Services only pursuant to the Act, and in no way suggests that the City endorses or agrees with any position taken by the Chamber, the Arkansas State Chamber of Commerce, the United States Chamber of Commerce, or any affiliated group. 10. Quarterly Reports Not less often than quarterly, the Chamber shall submit reports to the City and to its Board of Directors articulating specific criteria to be used to measure the progress toward, or achievement of, the public purposes of this Agreement, including planning, marketing and strategic advice and council regarding job recruitment, development, retention and expansion, and business and economic development generally. 11. Audited Financial Statements The Chamber shall provide an annual audited financial statement to the City for all Economic Development Services activity provided under this Agreement. 12. Recapture Provision Annually, the Chamber shall provide to the Mayor and to the Cabot City Council a written financial accounting of the use of the moneys provided to the Chamber pursuant to this Agreement, together with supporting documentation generally conforming to Arkansas Legislative Audit's requirements and detailing the Chamber’s progress toward, or achievement of, the specific criteria described herein. To the extent that criteria are not satisfied on an annual basis, the Cabot City Council may, by adoption of a Resolution, formally demand the refunding of the moneys previously transferred to the Chamber upon 6 4850-0956-6585.3  the Cabot City Council’s decision that the reporting was insufficient and without merit or that the agreed upon progress or criteria has not been achieved in a timely manner. 13. Financial Accounts for Economic Development All funding provided by the City pursuant to this Agreement will be used for Economic Development Services as detailed herein. A separate bank account will be created by the Chamber for the receipt and disbursement of such funds. All debits and credits to such account will be strictly for Economic Development Services as described in this Agreement. 14. Non-Appropriation The Chamber recognizes that the funding provided for in this Agreement is contingent upon the appropriation of public funds by the Cabot City Council. Any money transferred to the Chamber is restricted as to each item listed in any associated appropriation, and there will be a credit to the City’s next year's budget for this Agreement for any money not spent. In the event the Chamber’s Executive Director position is vacated, the portion of the budget allocated for the payment of the salary for such position (or the portion of such salary attributable to economic development duties) shall be returned to the City for each month that the position is vacant. When the position is filled, the City shall resume the allocations for such salary to the Chamber. 15. Multiple Originals The parties agree that the original and any executed copies of this Agreement shall serve as originals of the Agreement for any evidentiary purposes in any court, administrative, or other adversarial hearing. 7 4850-0956-6585.3 16. Merger The parties agree that this Agreement incorporates the full agreement of the parties, and no other discussions, writings, comments, or oral, verbal, or electronic communications of any nature whatsoever are to be considered a part of, a clarification of, or an interpretation tool for, the terms set forth within the Agreement. 17. Severability The provisions of this Agreement are hereby declared to be severable and, if any of such provisions shall for any reason be held illegal or invalid, such holding shall not affect the validity of the remainder of this Agreement. 18. Authority to Execute The City agrees that the execution of this Agreement by its Mayor has been authorized by the adoption of an ordinance of the Cabot City Council. The Chamber agrees that the execution of this Agreement by its President has been authorized by official action of its Board of Directors. EXECUTED this ___ day of December, 2018. CITY OF CABOT, ARKANSAS CABOT CHAMBER OF COMMERCE By: By: Title: William A. Cypert, Mayor Title: Amy Hughes, President 8 4850-0956-6585.3