Monday, August 4, 2008

August 7, 2007 City Council Agenda (for Review and Reflection)

 

 

 

 

 

 

 

 

AGENDA

Set-Up According to Chapter 2.20.04 of Municipal Code

Regular Meeting (Time) 6:00 P.M.

Tuesday, August 7, 2007

 

 

CITY COUNCIL CHAMBERS, 226 PERRY STREET, HELENA-WEST HELENA, ARKANSAS

 

 

  1. CALL TO ORDER—James F. Valley, MAYOR
  2. PRAYER— The Lord's Prayer – recited in unison

Our Father, which art in Heaven,

Hallowed be thy Name.

Text Box: Final Copy Produced at 4:45 p.m. 8/07/2007Thy Kingdom come.                                                                               

Thy will be done,

in Earth as it is in Heaven.

Give us this day our daily bread.

And forgive us our debts,

As we forgive debtors.

And lead us not into temptation;

But deliver us from evil.

For thine is the kingdom, The power, and the glory,

For ever. Amen. Matthew 6:9-13 KJV

  1. PLEDGE OF ALLEGIANCE ---

"I pledge allegiance 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."

  1. ROLL CALL  -- Dana J. Flowers, Administrative Assistant
  2. PRESENTATION OR READING OF MINUTES OF LAST MEETING(S)
    Dana J. Flowers, Administrative Assistant (Delay until Sandi returns)
  3. Reports of boards and Commissions
  4. Reports of special committees

 

UNFINISHED BUSINESS

  1. Mrs. Fannie Burgess, 236 South Baringo – Regarding Fence (Postponed to 8/21/07)

a.      Terrance Oliver --- Code Enforcement

b.      Travis Williams – Asst. Fire Chief

  1. Discussion and Appointments to Advertisement and Promotion Commission

a.      Bubba Sullivan, Term is up and has been nominated again;

b.      Don Etherly and Jay Hollowell, serve at the pleasure of the city council

c.       Joe St. Columbia, Third City Council member while law allows only two.

d.      A.C.A. § 26-75-605 Advertising and promotion commission

(a) Any municipality levying a tax pursuant to this subchapter shall create by ordinance a municipal advertising and promotion commission, to be composed of seven (7) members, as follows:

 

 

(1)(A) Four (4) members shall be owners or managers of businesses in the tourism industry, and the owner or manager shall reside in the levying municipality or, if the governing body of the municipality provides for by ordinance, the owner or manager may reside outside of the municipality but within the county in which the municipality is located.

 

(B) At least three (3) of these members shall be owners or managers of hotels, motels, or restaurants and shall serve for staggered terms of four (4) years;

 

(2) Two (2) members of the commission shall be members of the governing body of the municipality and selected by the governing body and shall serve at the will of the governing body; and

 

(3) One (1) member shall be from the public at large who shall reside within the levying municipality or in the county of the levying municipality and shall serve for a term of four (4) years.

 

(b) In the case of a city creating the commission authorized in this section after March 4, 1993, the initial members of the commission shall be selected as follows:

 

(1) The four (4) tourism industry positions provided for in subdivision (a)(1) of this section shall be filled by appointment made by the governing body of the city for staggered terms so that:

 

(A) One (1) member will serve for a term of one (1) year;

 

(B) One (1) for a term of two (2) years;

 

(C) One (1) for a term of three (3) years; and

 

(D) One (1) for a term of four (4) years.

 

(2) The at-large position provided for in subdivision (a)(3) of this section shall be filled by nomination by the chief administrator of the city and approval by the governing body of the city.

 

 

(c)(1) In the case of a city in which a city advertising and promotion commission exists on March 4, 1993, the members of the commission shall continue in office for the balance of the terms to which they have been previously appointed.

 

(2) However, if on that date no commission member has been appointed to hold an at-large position, the mayor shall designate one (1) of the commission members who is also a member of the governing body of the city to fill the at-large position provided for in subdivision (a)(3) of this section for a term of not longer than one (1) year.

 

(d) Whether resulting from expiration of a regular term or otherwise, a vacancy on the commission in any of the four (4) tourism industry positions provided for in subdivision (a)(1) of this section or in the at-large position provided for in subdivision (a)(3) of this section shall be filled by appointment made by the remaining members of the commission, with the approval of the governing body of the city.

  1. Discussion and Appointments/Resignation/Removal Landfill Commission (City Ordinance No.: 44-2006

a.      Joseph Dean has been appointed to the City Council

b.      Walter Morris has a conflict of interest

 

  1. Discussion and Appointments Helena-West Helena Port Authority

a.      Bobby Bell --- has been nominated for several months this slot is vacant by virtue of the County Judge appointing Mr. Jim Frazier as a county representative on this body (after discussion with the mayor about the port's future direction and need for change); (Postpone to 8/21/07)

b.      Dr. Todd Stewart and Mr. Anthony Tyrone Stayton are the only persons that have been appointed by this body.

c.       Mr. John McClinton, Rev. Leroy Carter, and Mr. Henry Richmond have not been appointed by this body. (The Council needs to address these three (3) gentlemen at some point).

    1.  § 14-185-106. Board membership

(a) Immediately after the filing of the order of the circuit court, the governing body of each petitioning municipality

and the county court of each petitioning county shall appoint the persons to be the members of the board of

the authority established by the order of the circuit court in accordance with the provisions of the order as to the

number of members to be selected by the respective petitioning municipalities and counties.

(b) The total number of the members of the board of the authority established by the order must be an odd number,

each petitioning municipality and each petitioning county must have at least one (1) representative as a

member of the board, and the number of members that represent each petitioning municipality and each petitioning

county shall be apportioned in the ratio that each petitioner's population bears to the total population of all

petitioners.

(c)(1) The term of each member of the board shall be for three (3) years from the date of his appointment by the

governing body of the municipality or the county court of the county, and he shall serve for such term and thereafter

until his successor shall be duly appointed and qualified.

(2) At the expiration of the term of each member of the board, the governing body of the municipality or the

county court of the county which is represented on the board by the member shall appoint a successor member

or may reappoint the same member to another term.

(d)(1) Any vacancy arising for any reason other than the expiration of the term of a particular member shall be

filled by the governing body of the municipality or the county court of the county which is represented on the

board by the resigning or vacating member, and the person appointed to fill the vacancy shall serve for the unexpired

portion of the term of the resigning or vacating member.

(2) In the event a vacancy on the board is not filled by the municipality or county entitled to fill it within

ninety (90) days after the vacancy occurs, a majority of the other members of the board shall promptly fill the

vacancy by appointing a qualified person to serve for the unexpired portion of the term of the resigned or vacated

member. For purposes of this provision, the mere expiration of a member's term shall not create a vacancy,

but the member whose term has expired shall continue to serve until his successor shall be appointed

and qualified or until he shall resign or otherwise vacate his office.

(e) Before entering upon his duties, each member of the board of the authority shall take and subscribe and file

in the office of the circuit clerk of the county where the order establishing the authority was filed an oath to support

the Constitution of the United States and the Constitution of the State of Arkansas and faithfully to perform

the duties of the office upon which he is about to enter.

(f) To be eligible for membership on the board, a person, at the time of his appointment and qualification by filing

the required oath, must be a qualified elector of the municipality or of the county, as the case may be, that he

represents on the board.

(g)(1)(A) The board of each authority shall select one (1) of its members as chairman, one (1) of its members as

secretary, and one (1) of its members as treasurer.

(B) The offices of secretary and treasurer may be combined and held by one (1) member.

(2) The term and duties of the officers shall be fixed by resolution of the board of each authority.


NEW BUSINESS
 

  1. Department Head Reports (30 Minutes) a: First Tuesday Meeting b: Third Tuesday Meeting

a.      Police
Landfill
Courts
Sanitation
Code Enforcement

b.      Fire
Parks and Recreation
Streets
Water Depts.

  1. Ordinance on Sanitation Rates (Adjustment to treatment of Apartment Landlords)

 
Helena-West Helena

ORDINANCE NO. 22- 2007

 

AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NUMBERED 36-2006 ESTABLISHING AND REVISING THE SANITATION DEPARTMENT FOR THE CITY OF HELENA-WEST HELENA, ARKANSAS; FOR THE COLLECTION AND DISPOSAL OF GARBAGE; FIXING FEES THEREFORE AND PROVIDING FOR THE DISPOSITION OF SUCH FEES; AND PROVIDING PENALTIES THEREFORE, AND OTHER PURPOSES.

 

WHEREAS, there have been major changes in the cost of operating the Sanitation Department;

WHEREAS, on May 8, 2007, the citizens passed into law a two-percent sales and use tax;

WHEREAS, the city administration pledged a reduction in sanitation fee charges to residential customers upon the passage of the sales tax ordinance; and

WHEREAS, the City Council in and for the City of Helena-West Helena, Arkansas, feels that it is in the best interest of the public and the City as a whole to set for the collection and disposal of garbage; and

 

NOW, THEREFORE, BE IT ORDANINED BY THE CITY COUNCIL OF THE

 

CITY OF HELENA-WEST HELENA AS FOLLOWS:

 

Section 1 - Garbage Fees

 

GARBAGE FEES

 

        Fees to be collected and paid for the collection and disposal as herein

 

provided are hereby fixed as follows:

 

        (A)           Homes or residences in Helena-West Helena or serviced by its sanitation department:

 

                        1.  All single-unit dwellings                      $18.25 per month

 

                        2.  Duplexes - per each unit                    $18.25 per month

 

                        3.  Apartments and/or multiple               $18.25 per month

 

                             Family dwellings - per each unit

 

                        4.  Mobile homes per each unit               $18.25 per month

 

(B)                            This ordinance amends Ordinance #36-2006 and repeals Ordinance Number 33-2006.

(C)                            The Mayor and the Water Department Managers are authorized to develop a policy which makes reasonable adjustments in the fees charged to various customers including but not limited to the following circumstances:

a.                               A ten (10%) percent reduction in monthly fees charged to apartment landlords that have a single master meter;

                           i.                                                      If the landlord desires a greater discount than ten (10%) percent, he may request that Code Enforcement inspect his/her apartment for actual vacancies on a date certain between the 1st and 10th of the current billing month for the discount during the payment cycle which occurs in the following month. In other words, a vacancy in January is billed in February. In order to get credit for January vacancies, the landlord must request an inspection during the first ten days of January and in turn the water department will make the necessary adjustments.

                          ii.                                                      The Code Enforcement department will provide the inspection for a fee of $25.00 per trip and actual inspection. However, if the landlord calls for an inspection and misses three (3) appointments, the $25.00 fee will be added to his/her invoice and no discount will be granted for that billing cycle; and

b.                               An adjustment to landlords or homeowners that have the water turned on for limited purposes such as attempting to sell a dwelling or cleaning or repairing the dwelling for a new renter. The water department will charge, on a graduated scale, for sanitation based upon the actual water usage at the dwelling.

 

Sanitation 2 - Collections

 

The Water Department, Mayor, as well as the City Attorney are expressly authorized to take any and all necessary measures to enforce the collection of the Sanitation fees listed herein.  The Water Department is directed to bill for all fees for each customer.  If he customer fails and/or refuses to pay the bill, then their water services shall be terminated until full payment and additional charges, if any, are received by the water department.

For all outstanding debts that are accrued pursuant to any provision of this Ordinance, if the indebtedness has not been cured within 90 calendar days, the City Attorney is authorized to take all collection methods including filing suit to collect the same.  The city attorney may charge an attorney's fee, half of which shall be paid to city's general fund and the other half added to the city attorney's salary. All charges and costs that are incurred in pursuit of collections shall be added to the customer's total amount due.

Section 3 - Severability

 

If, for any reason, any portion of this ordinance is held to be invalid, such invalidity shall in no way affect the remaining portions thereof which are valid, but such valid portions shall be and remain in full force and effect.

Section 4 - Repealer

 

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 5 - Emergency Clause

 

This ordinance being necessary to promote the health, safety, peace, and general welfare of the citizens of Helena-West Helena, Arkansas an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect immediately.  This specific emergency is that the citizens have been pledged a reduction in certain residential fees for sanitation collection and disposal as a direct result of the passage of the sales tax ordinance which did occur on May 8, 2007.  The citizens are entitled to these adjustments as a direct result of their enactment of Ordinance Number 9-2007.

PASSED:  ___________________________

                        Date

 

APPROVED: _________________________

                        James F. Valley, Mayor

 

ATTESTED:  _________________________

                        Sandi Ramsey, City Clerk


 

Helena-West Helena

ORDINANCE NO. 23-2007

 

AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NUMBERED 37-2006; ESTABLISHING AND REVISING THE SANITATON DEPARTMENT FOR THE CITY OF HELENA-WEST HELENA, ARKANSAS; FOR THE COLLECTON AND DISPOSAL OF GARBAGE; FIXING FEES THEREFORE AND PROVIDING FOR THE DISPOSITION OF SUCH FEES; AND PROVIDING PENALTIES THEREFORE, AND OTHER PURPOSES.

 

WHEREAS, there have been major changes in the cost of operating the Sanitation Department;

WHEREAS, on May 8, 2007, the citizens passed into law a two-percent sales and use tax;

WHEREAS, the city administration pledged a reduction in sanitation fee charges to residential customers upon the passage of the sales tax ordinance; and

WHEREAS, the City Council in and for the City of Helena-West Helena, Arkansas, feels that it is in the best interest of the public and the City as a whole to set for the collection and disposal of garbage; and

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

 

CITY OF HELENA-WEST HELENA AS FOLLOWS:

 

Section 1 - Garbage Fees

GARBAGE FEES

 

        Fees to be collected and paid for the collection and disposal as herein provided are hereby fixed as follows:

        (A)  General commercial establishments such as retail stores, wholesale distributors, offices, restaurants, funeral homes, service stations, cleaning shops, barber and beauty shops, banks, etc. located within the City:

 

7.  Light Commercial:  Locations with 96 Gallon Cart $28.25 per month

 

8.  Two (2) Yard Dumpster

 

        Pick up one (1) time per week                 $36.24 per month

 

        Pick up two (2) times per week               $62.24 per month

 

        Pick up three (3) times per week             $88.24 per month

 

        Pick up four (4) times per week               $114.24 per month

 

        Pick up five (5) times per week               $140.24 per month

 

        Extra Lifts                                                                $12.50 each           

 

9.  Four (4) Yard Dumpster

 

    Pick up one(1) time per week                      $62.24 per month

 

    Pick up two (2) times per week                   $114.24 per month

 

    Pick up three (3) times per week                 $165.24 per month

 

    Pick up four (4) times per week                   $217.24 per month

 

    Pick up five (5) times per week                   $269.24 per month

 

        Extra Lifts                                                                $18.50 each

 

10.  Six (6) Yard Dumpster

 

Pick up one (1) time per week                         $89.24 per month

 

Pick up two (2) times per week                       $168.24 per month

 

Pick up three (3) times per week                     $247.24 per month

 

Pick up four (4) times per week                       $325.24 per month

 

Pick up five (5) times per week                       $404.24 per month

 

Extra Lifts                                                        $26.50 each

 

        11.  Eight (8) Yard Dumpster

 

Pick up one (1) time per week                         $114.24 per month

 

Pick up two (2) times per week                       $217.24 per month

 

Pick up three (3) times per week                     $321.24 per month

 

Pick up four (4) times per week                       $424.24 per month

 

Pick up five (5) times per week                       $528.24 per month

 

Extra Lifts                                                        $32.50 each

 

 

(B)  ALL other General commercial establishment accounts that are not               previously listed by container/dumpster sized shall have their rates fixed by Mayor and Water Department Managers.

(C)  This Ordinance specifically amends Ordinance #37-2006.

 

Section 2 - Collections

 

The Water Department, Mayor, as well as the City Attorney are expressly authorized to take any and all necessary measures to enforce the collection of the Sanitation fees listed herein.  The Water Department is directed to bill for all fees for each customer.  If he customer fails and/or refuses to pay the bill, then their water services shall be terminated until full payment and additional charges, if any, are received by the water department.

For all outstanding debts that are accrued pursuant to any provision of this Ordinance, if the indebtedness has not been cured within 90 calendar days, the City Attorney is authorized to take all collection methods including filing suit to collect the same.  The city attorney may charge an attorney's fee, half of which shall be paid to city's general fund and the other half added to the city attorney's salary. All charges and costs that are incurred in pursuit of collections shall be added to the customer's total amount due.

 

 

Section 3 - Severability

 

If, for any reason, any portion of this ordinance is held to be invalid, such invalidity shall in no way affect the remaining portions thereof, which are valid, but such valid portions shall be and remain in full force and effect.

 

Section 4 - Repealer

 

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 5 - Emergency Clause

 

This ordinance being necessary to promote the health, safety, peace, and general welfare of the citizens of Helena-West Helena, Arkansas an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect immediately.  This specific emergency is that the citizens have been pledged a reduction in certain residential fees for sanitation collection and disposal as a direct result of the passage of the sales tax ordinance which did occur on May 8, 2007.  The citizens are entitled to these adjustments as a direct result of their enactment of Ordinance Number 9-2007.

 

PASSED:  ______________________ _

                                Date

 

APPROVED:_______________________

                                James F. Valley, Mayor

 

ATTESTED: _______________________

                                Sandi Ramsey, City Clerk

 

  1. Bluesfest Permit (Rayne Gordon & Billy Ray regarding approval) Both Gentlemen have other commitments and need expedited treatment on the agenda
  2. Ms. Janice Hartridge | Delta AHEC – Resolution for Park Construction
  3. Mr. Andrew Webster | Commercial Truck Driver re: 8.12.01 and 8.36.02 Parking Truck over One Ton within the city limits

a.      8.36.02 A. Parking of Trucks It shall be unlawful for any person, firm, or corporation to park any motor truck, truck-tractor (with or without semi-trailer attached), trailer (loaded or empty), either of which is greater than one-half ton capacity, upon any street or alleyway of the city for a period in excess of one (1) hour at any time unless same is in the process of being loaded or unloaded for commercial purposes.

b.      8.12.01 Truck Routes-designated Truck routes for all motor vehicles having a capacity of one (1) ton and over, and proceeding through the city, are hereby established and designated as follows: U. S. Highway 49 and Arkansas Highways 20, 44, and 242, all such vehicles are hereby prohibited from using any other street, alley or road while proceeding through the city.

  1. Announcements
  2. Adjournment

 

After one and one half hours, the Council will be asked to recess or adjourn and complete the remaining items at another announced time. The Council very well may not complete this Agenda in one sitting.



--
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Honorable James F. Valley
MAYOR - Helena West Helena
P O Box 248
Helena-West Helena, 72342
870-572-3421 Phone
870-572-5034 Fax
870-817-4035 Cell

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