City Council

Minutes Regular Scheduled City Council Meeting 6 pm November 16, 2017, City Hall Welcome and call to Order: Mayor Randy Horton Invocation: Pastor Rita Richardson Roll Call: Mayor Randy Horton, Councilmembers Tripp, Harris, Westcott, Wiley, Sims, Carruth, George and Brown. Quorum declared. City Attorney Trey Smith and City Clerk Kathy Collins were also present. Guest present: Julie Paladino, Kevin Massey, Pastor Rita Richardson, A.J. Walsh, David Garza, Bruce Moore, Tanessa Vaughn, Leon Anderson, George Wheatley, Dwight Dicus, David Vance, Bucky Croom, Jeannette Hale, A.J. Walsh, and James Campbell. Approval of Minutes: October 19, 2017. Councilmember Westcott made the motion to adopt with a second by Councilmember Sims. Motion carries on an 8-0 voice vote. Financial Report: Month ending October 31, 2017 by Finance Director Jerry McKaughan. Mayor’s Report: 1) Kevin Massey gave a list of programs offered by the Pope County Library for the month of December. 2) Recognition of James Hodge. He works in the IT Department and retired from the Military in October with 21 years of service with a great many metals and achievements. Committee Reports: Finance: Chair Councilmember Harris, Brown, Wiley, Westcott. (Recommended 11/07/2017) 1. Line Item Transfer: (additional overtime and budget adjustment) Department: Animal Control From 01-107-5351 Dog Expense $ 156.00 From 01-107-5352 Animal Control Imp. $ 3,111.65 To: 01-107-5121 Overtime $ 3,111.65 To: 01-107-5303 Sales Tax clearing $ 156.00 Councilmember Harris made the motion to approve. Motion carries on an 8-0 voice vote 1  2. Approval of Payment in the amount of $211,508.65 for El Paso improvements. Councilmember Harris made the motion to approve. Motion carries on an 8-0 voice vote Final payment. 11 months early reported by Jerry McKaughan. 3. Appropriation: Department: Administration Expenditure: 01-101-5437 Debt Service/Notes Principal $141,508.65 (Make final El Paso payment) Councilmember Harris made the motion to approve. Motion carries on an 8-0 voice vote 4. Appropriation: Department: Various Departments $6,555.00 Expenditure: 01-101-5161 Group Insurance $ 3,315.00 Expenditure: 01-109-5161 Group Insurance $ 1,200.00 Expenditure: 01-110-5161 Group Insurance $ 2,050.00 (Group Insurance for full time personnel) Councilmember Harris made the motion to approve. Motion carries on an 8-0 voice vote 5. Appropriation: $ 8,010.00 Department: Aquatic Center Expenditure: 01-106-5201 Utilities $ 6,690.00 Expenditure: 01-106-5207 Maintenance & Supplies $ 1,050.00 (Additional utilities and maintenance and supplies). Councilmember Harris made the motion to approve. Motion carries on an 8-0 voice vote (Recommendations 11/16/17) Business: 1. Discussion Lighting on Sequoyah Way. Councilmember Westcott made the motion to approve $150,000.00 for lighting. Councilmember Brown seconded the motion. Council member Sims made an amendment to that motion to approve the original amount. $429,466.50 with a second by Councilmember Carruth. Motion fails on a 3- 5 roll call vote. Councilmembers Tripp, Carruth, and Sims voting in favor. Councilmembers Harris, Brown, Westcott, Wiley and George voting nay. Original motion carries on a 7-1 roll call vote. Councilmembers Brown, Tripp, Westcott, Carruth, Wiley, George and Harris voting in favor. Councilmember Sims voting nay. 2 2. Consideration of Ordinance # 2291 Establishing a Permitting Process and Fee for Private Clubs for the selling or dispensing of Alcoholic Beverages in the City of Russellville Arkansas. Councilmember Wiley made the motion to dispense with the rules and read the Ordinance one time by title only with a short explanation. Councilmember Westcott seconded the motion. Motion carries on an 8-0 voice vote. City Attorney Smith read the Ordinance as instructed. Councilmember Westcott made the motion to adopt with a second by Councilmember Brown. Motion carries on an 8- 0 roll call vote. All Councilmembers present and voting in favor. Councilmember Westcott made the motion to adopt the emergency clause with a second by Councilmember Harris. Motion carries on a 6-2 roll call vote. Councilmembers Tripp, Westcott, Sims, George, Harris and Brown voting in favor. Councilmembers Carruth and Wiley voting nay. 3. Discussion Agreement with Waste Management – Adjustment of Fees. Councilmember Harris made the motion to refer from Finance for Discussion. Councilmember Harris made the motion to adopt the increase with a second by Councilmember Wiley. Motion fails on a 6-2 roll call vote. Councilmembers Harris and Brown voting in favor. Councilmembers Tripp, Westcott, Carruth, Wiley, Sims and George voting nay. 4. Discussion of Public Works Building and ATU property. Councilmember Harris made the motion to refer from Finance for Discussion. Councilmember Wiley made the motion to evenly exchange the City owned property (716 North El Paso) with ATU owned property on 16th Street. Seconded by Councilmember Brown. After some discussion, Councilmember Westcott made a subsidiary motion to table until December meeting. Councilmember Brown seconded the motion. Motion carries on an 8-0 roll call vote. All Councilmembers present and voting in favor. 5. Line Item Transfer: Councilmember Harris made the motion to adopt. Motion carries on an 8-0 voice vote. Department: Fire From Salaries: 01-110-5120 $ 30,000.00 To FLSA Overtime: 01-110-5120 $20,000.00 To Overtime: 01-110-5121 $10,000.00 (to cover overtime for remainder of year due to extended sick leave and staffing shortages. 3 6. Appropriation: (Pass Through) -- Councilmember Harris made the motion to adopt. Motion carries on an 8-0 voice vote. Department: Administration Department Revenue: 01-101-4013 In Lieu of Tax $22,820.30 Expenditure: 01-101-5311 In Lieu of Tax $22,820.30 (In Lieu of Tax Pass through). 7. Appropriation: (Pass Through) -- Councilmember Harris made the motion to adopt. Motion carries on an 8-0 voice vote. Department: Police Expenditure: 01-111-5214 Vehicle Maintenance $ 1,962.10 (Repair 2017 Ford Explorer Insurance pass through) 8. Approval to purchase chairs for the New Central Fire Station. Councilmember Harris made the motion to approve items 8, 9 and 10. Motion carries on an 8-0 voice vote. 9. Approval to purchase Eurotech Apollo Office Chair for the New Central Fire Station. Councilmember Harris made the motion to approve items 8, 9 and 10. Motion carries on an 8-0 voice vote. 10. Approval to purchase Eurotech Dakota Office Chair for the New Central Fire Station. Councilmember Harris made the motion to approve items 8, 9 and 10. Motion carries on an 8-0 voice vote. 11. Consideration of Resolution # 1657 authorizing the destruction of Old District Court Record Councilmember Harris made the motion to approve. Motion carries on an 8-0 voice vote. 12. Update on the Aquatic Center. Councilmember Harris made the motion to table until the December meeting. 13. Update on the Convention Center. City Attorney Trey Smith told the Council that the contract/agreement with Mr. David Hunt was officially terminated. He also stated the City was free to continue to look for other possible developers. 4 Personnel: 1. Ordinance amending sections of the Personnel Policy Handbook relating to Nepotism. Councilmember Sims made the motion to bring before the Council for discussion. Councilmember Tripp made the motion to amend a portion of page 4 relating to relatives working within the same department. Alderman Wiley seconded the motion. After some discussion, Councilmember Harris made the motion to table with a second by Councilmember Carruth. Motion carries on a 7-1 voice vote. Councilmember Sims voting nay. All others present voting in favor. 2. Resolution # 1658 authorizing the Human Resource Director to add a question to the Application for Employment. Councilmember Sims made the motion to recommend. Motion carries on an 8-0 voice vote. All Councilmembers present and voting in favor. 3. Resolution Clarifying the Duties of the Business Permit Clerk/Administrative Assistant for the Community Development Department of the City of Russellville. Councilmember Sims made the motion to recommend. Councilmember Harris asked Councilmember Sims if he was seeking passage tonight. Councilmember Sims stated he was. Councilmember Harris asked that the Council go into Executive Session. Councilmember Sims asked if City Attorney Smith could speak. Mr. Smith told the Council this item has been discussed before. There are two main duties assigned to the City Clerk under state law. As to have custody of the laws of the City and also keeping the minutes. The other duties you see before you have never been assigned to the City Clerk’s list of duties. Therefore tonight this is just clarifying these duties. To assign them not exclusively to the Business Permit Clerk/Administrative Assistant to Community Development. Councilmember Harris asked City Attorney Smith if that was all he had. His reply was “for now”. Councilmember Harris stated she still wanted to go into Executive Session. Second by Councilmen Westcott. City Attorney Trey Smith asked her “what was the purpose”. Ms. Harris replied to discuss this matter. City Attorney Smith said this item was a Resolution related to job duties not a public employee. Ms. Harris stated it is. City Attorney said again it does not fit the state law. Ms. Harris said I believe it does. Mr. Smith said I believe it doesn’t. Ms. Harris stated she still wished to go into session; otherwise she would hand out her brochures and discuss what she had brought. Councilmember Tripp asked a question for clarification. He said it could be about promotion, demotion, potential employment termination or disciplinary action. Ms. Harris stated it could very well be. Motion to go into Executive Session carried on a 5-3 roll call vote. Councilmembers Tripp, Westcott, Carruth, George and Harris voting in favor. Councilmembers Brown, Wiley and Sims voting nay. Meeting adjourned to 5  Executive Session. Councilmember Westcott made the motion to reconvene the Council Meeting with a second by Councilmember Brown. Motion carries on an 8-0 voice vote. No action taken in Executive Session. Councilmember Sims made the motion to adopt. City Attorney Trey Smith explained when the City Clerk position was changed to City Clerk-Treasurer; it was modeled after the City of Fayetteville. The City Council at that time recommended and voted to approve the change due to the creation of a Director of Finance Department. This is what is currently in effect today. Councilmember Tripp made the motion to amend Councilmember Sims motion and table the Resolution until December. Councilmember Harris seconded the motion. Motion carries on a 7-1 roll call vote. Councilmember Sims voting nay. Councilmembers Tripp, Westcott, Carruth, Wiley, George, Harris, and Brown voting in favor. Councilmember Tripp asked a Special Meeting to be called to go into Executive Session to question or interview an employee. Mayor Horton stated he needed to clarify what employee(s) they want to interview or leave it open to all employees. City Attorney Smith stated there would have to be a specific reason and the supervisor or Department Head would be included. Councilmember Tripp made the comment it was employee specific and disciplinary action. Unfinished (Old) Business: 1. Update on Drainage and Flooding Issues and Plan—Councilmember Tripp. Discussion by Councilmember Tripp with Public Works Director Kurt Jones. Mr. Jones informed the Council the City does not have easements to some of the ditches that may need to be cleared of debris. City Attorney Smith told the Council what options the City had to acquire the easements. Mr. A. J. Walsh spoke about drainage issues on his property. Councilmember Tripp made the motion to table until December. Councilmember Westcott seconded the motion. Motion carries on an 8-0 voice vote. New Business: 1. Ordinance # 2292 Approving the Rezoning for property located at 507 East 11th Street—Planning Commission. Councilmember Wiley made the motion to dispense with the rules and read the Ordinance one time by title only. Seconded by Councilmember Westcott. Motion carries on an 8-0 voice vote. City Attorney Trey Smith read the Ordinance as instructed. Councilmember Wiley made the motion to adopt with a second by Councilmember Westcott. Motion carries on an 8-0 roll call vote. All Councilmembers present and voting in favor. 6 2. Ordinance # 2293 Accepting the Final Plat of Shiloh Manor Phase VI-A North Subdivision—Planning Commission. Councilmember Wiley made the motion to dispense with the rules and read the Ordinance one time by title only. Seconded by Councilmember Westcott. Motion carries on an 8-0 voice vote. City Attorney Trey Smith read the Ordinance as instructed. Councilmember Wiley made the motion to adopt with a second by Councilmember Westcott. Motion carries on an 8-0 roll call vote. All Councilmembers present and voting in favor. 3. Ordinance to Approve Amending the Russellville Zoning Code in regard to El Paso/University Zoning District—Planning Commission. Motion to discuss was made by Councilmember Tripp with a second by Councilmember Westcott. Motion carries on an 8-0 voice vote. After some discussion, Councilmember Tripp made the motion to table with a second by Councilmember Westcott. Motion carries on a 6- 2 roll call vote. Councilmembers Harris, Tripp, Westcott, Carruth, Wiley and Sim voting in favor. Councilmembers Brown and George voting nay. 4. Resolution # 1659 to adopt updates to the Downtown Master Plan—Master Plan Committee. Motion to adopt made by Councilmember Wiley. Second by Councilmember George. Councilmember Westcott asked about page 15 of the 37 pages. Section “Main Street- Boulder to Denver. He wished to have “from 4 lanes to 3 lanes” amended. He also asked the paragraph on page 17 “the proposed speed limit” be deleted. Councilmember Westcott made the motion to amend with changes. Second by Councilmember Tripp. Motion carries on a 6-2 roll call vote. Councilmembers Brown, Tripp, Westcott, Carruth, Wiley, and Harris voting in favor. Councilmembers Sims and George voting nay. 5. Resolution # 1660 Setting a Public Hearing. Councilmember Westcott made the motion to adopt with a second by Councilmember Wiley. Motion carries on an 8-0 voice vote. 6. Ordinance amending Ordinance # 1847 by Defining Electronic Smoking Devices and adding them to the Definition of Tobacco Products within Ordinance #1847. This Item was pulled. 7 Adjournment: Alderman Wiley made the motion to adjourn. Meeting adjourned at 10pm. Mayor Randy Horton: ____________________________________ ATTEST: City Clerk- Treasurer Kathy Collins: ______________________________ Date approved by Council: __________________________________ 8