CLOSED CAPTIONING HAS BEEN EDITED TO IMPROVE ACCURACY I welcome everyone to our City Council meeting for Monday January 28th if we could have a roll call to establish quorum Madam clerk Bob thomas here melissa green here TERRY McClung HERE susan Harmon HERE Harry Mayer here MICKEY Schneider here we have six PLEASE stand FOR THE pledge allegiance OF ALLEGIANCE I pledge allegiance to the flag of the United States of America until Republic for which it stands one nation under God indivisible with liberty and justice for all before we get started I’d like to remind the EVERYBODY in City Council members to please have no crosstalk we’ve got this being taped and it’s hard enough for a person to transcribe the tape especially if there’s trend especially that’s crosstalk among either ourselves or out the public catches that so just a little reminder a friendly reminder if we could get a motion to approve the agenda for a live night I would like to move we have an attorney here from out of town on the vote on the piece versus cook Gillette property settlement and I’d like to see if we can move that to item number one under new business you need a motion for that okay yeah you know Joe no any objections from everybody mm-hmm all right anybody else have anything mr chairman second hold on for yeah can I get a second second okay mr. mr. Thomas I know we’re going to be voting on a candidate for the CAPC and excellent candidate in my opinion but since we’re going to be deciding under new business number six whether or not Council members who have already voted for that person and another venue can vote tonight I think we should move that that vote down to take place just after we finish number six now second fifth okay I’m not sure what it’s what are you saying look at number six you want to move the nomination for the CAPC down to after item number six under new business correct because I think we’re going to decide there whether or not people who have voted at another table on the same issue and vote again a second time I would hate for them I would hate for us to have you know a 6-0 vote to approve the candidates tonight and then we get down there and we decide well it’s not appropriate for two people to vote you know sure yes ma’am there’s no guarantee that we’ll even vote on that item tonight he may just be undecided where we got a motion in a sec I think that somebody second thing MICKEY you seconded it okay all right we’ll move that down to under item six and the changes on the agenda I’ll get all those in favor of the amended agenda signify by saying aye any opposed the motion to approve the minutes for January 14th make the motion that we accept the agenda as amended no the minutes minutes the minutes are submitted forget that okay we got a motion in a second to approve the minutes of January 14th see any additions Corrections hearing none all those in favor signify by saying aye any opposed okay at the last meeting we were to pass and see if there was any problem with the 3% rate increased from the Carroll County Solid Waste the motion to discuss some time a promotion we discussed the solid waste increase second all right any other comments if the V or anything mr. Thomas you want to move this to this meeting all the couple comments about it yes but you know they basically people saying it’s really not very much money

but we thank you for at least postponing it so we could think about it all right can I get a motion to approve the Carroll County SOLID WASTE INCREASE as submitting no further discussion all those in favor signify by saying aye aye in opposed okay we’ll hold a motion we have a position for planning FURGASON Stewart has applied he presently is on the parks commission this man miss green okay I’ll move that we approve Ferguson Stewart to sit on the Planning Commission now second that okay any comments this man yeah I got a question before that since CAN SOMEBODY BE ON PLANNING AND PARKS AT THE SAME TIME can somebody BE ON PLANNING AND PARKS at the same time he’s resigning from parks oh he is okay that was the next question okay thank you okay um just I’ve known mr. Stewart for quite a number of years and he’s an extremely dedicated man and a very thoughtful man I think he’d be a good addition okay yeah the comments all those in favor of you need to pick one of the three spots so it was into its position five I’m sorry yeah so friction-stir would be four position five yes all those in favor signify by saying aye any opposed okay and in position six John Nichols Nichols Nichols has applied for planning also in position six this man um could we wait which wait on him to I’d like to call him about just an issue or something to the next meeting certainly I mean new we can eyes we always can defer into the next meeting okay I would feel more comfortable with that all right would you like to do that make motions to defer that talk the furs on till the next meeting second okay discussion all those in favor signify by saying aye okay we’re going to defer the the CAPC nominations to after item six under new business so there are being any other comments on the Commission’s and brings it to your public comments I’m somewhat troubled about the change that you just made with no prior notice to the community that you are somehow going to be changing the way in which you vote for CAPC commissioners this is something that should have been an agenda topic it should have been out there for the public to have a chance to comment on this this is a very important issue that concerns the welfare of everybody that’s involved in trying to make a living here in this community as to representation on the CAPC I’ve represented council four different times as the CAPC representative I was for years the restaurant representative I have an extensive background in tourism I don’t know what this move is all about and I’m somewhat troubled that you have changed the agenda with no notification to the public I have no idea what you’re doing by saying that two of the council members have already voted and what are you going to do prohibit them from voting at the end of six item I’m sorry but I’m not going to be here on the sixth item I hope you have a good knowledge of who I am and my dedication to this community as somebody who only wants the best for Eureka Springs I’m very troubled by this this is in an untimely manner it does not allow the public to comment I look around here on a different topic that I will not do that tonight and I will say that another time but this is an obligation of the rules of this board that was done serendipitously in my opinion and and how you can change the way that you vote for these members at the 12th hour let’s face it this is the twelfth hour this is tonight I’m here before you as the candidate and now I understand and it’s somewhat ambiguous

as to what the motion that since the two A&P representatives to this body have already voted that somehow they would not be able to vote on this and they voted in the positive by the way it was the unanimous four zero as the C APC is empowered by the state as one of the only Commission’s that picks the members themselves it’s unique to the state and I hope they cancel in their wisdom about by their rules and let that stand and this is something that should have been on the agenda for the people to respond to thank you good evening Damon hanky Here I am representing the chamber of commerce tonight I just wanted to actually what we put on our agenda this year was to try and communicate a little more frequently to the City Council I feel like the CA pcs working closely with the Chamber of Commerce obviously Main Street’s got a good relationship to us so we’ve got a lot of synergy moving forward in our nonprofit organizations trying to make sure that we’ve got a good foundation for economic development and events coming up speaking of events really what I’d lead off with well one thing actually that I have here my notes I want to tell you the visitor guide is coming from the printer on February 7th that’s the date that they’ve given us shouldn’t be a problem to hit that so we will have the two new 2019 I know the mayor has asked have a case of them delivered right away so we will be hot on the delivery trucks getting those out and about here in town and those will also be shipped directly to Little Rock for distribution to the visitor centers immediately the next thing I just wanted to let you guys know we’ve got a big chocolate fest coming up February 16th that’s at the community center gymnasium that will be from 10:00 a.m. to 3:00 p.m. so looking forward to a lot of people coming to town I talked to Mike Maloney today he’s got some digital marketing going out to push Valentine’s Day overall but including the chocolate fest so should be a lot of people in town everybody crossed their fingers for good weather that weekend on February 12 that’ll be our first wake-up Eureka on the second Tuesday of every month we’re going to do a special wake-up Eureka that’s just going to be basically a networking function but it’ll also tell everybody for a month a month what’s going on in town mainly tourism oriented to say this is what’s on the this is how say the month of February is going to be advertised these are the events that need to be on people’s minds and this is what we need the front line saying about this month we’ll do that the second Tuesday every month throughout the season obviously the chamber needs a little exposure and we need to get our networking in our connections back into place and that’s the focus in 2019 also business after-hours it’s going to be the third the fourth Tuesday so second and fourth Tuesday basically matches the day before the CAPC meeting every month that’ll be it after hours the first one will be at the new center stage I don’t know if everyone knows where that is you go south on 23 it’s the big theater if we set that up with Dana Lyons the owner and that will be kind of an introduction to that particular business great great for everybody to come out see his business here the presentation I’m about at a time the last thing is April 23rd mark your calendars for the tourism trade show that will be at the end of the ozarks what that is it replaces the banquet many of you noticed we didn’t have the banquet last fall what we decided is it would be butter to kick off the entire season with a big tours of trade show means each table will have a different attraction they want that again they’re telling each of the attendees how to talk about the destination for the for the next season I’ll leave it I’ll be back next meeting so I’ll leave you with that for now thank you for the opportunity I just changed the rules for public comments that that seat has been vacant for eight months by the way you know what they say in for a penny in for a pound pat Mantzoukas five mountain street I sent a letter to the editor and the about the HDC recently and I hope that there is some action by this table tonight who are we is a town when we say that you have to move on if you can’t maintain your property who are we to do that to anybody I’m sorry it is me me those are as human beings it’s beneath Eureka if you want people to come and live here we have to be the

best we can be as neighbors to each other somebody’s got a dilapidated house we figure out a better way to deal with it instead of telling them that they need to sell it to somebody that can maintain it and move on nasty very nasty the other thing I want to talk about is the parks is now made it very clear that they’re running in the red or the black they’re very happy they’ve got money life is good I say it’s time that is a city we take responsibility take away the tax and move it to the auditorium and put the money in the infrastructure that that building Gus Billy needs so we have a future that is your job as the city to make sure things are running well parks are up and running wow they’re making money God love them there you have sold us down the river with Leatherwood I’ve accepted it most of the time however that money is tourist money an issue could be on the next ballot to be voted to move it to the auditorium or something because they now have enough operating money they’ve clearly stated this last on my list is planning in rushing planning we do not have a plan in this city folks nothing it’s not a damn thing let it work couldn’t even tell you what the emergency evacuation plan was if somebody got hurt we had nothing going in this town for planning in terms of where should the where should the new high school are going we never even talked about where it should go they decided where it should be overall just by Road like sheep that’s what happens we don’t have a planning person we don’t have that happening they’re so focused on the idiosyncrasies of a forum they don’t see the big picture we need to have a big picture being seen here what is the best opportunity should we take away parking on Center Street because if there emergency vehicle can’t get through to get to my house I’m suing all of you we have to think about these things it’s not just me it’s all of us we have to have a consciousness that says how do I be a good neighbor and I’m encouraging this council to move forward in such a direction and plastic bags lastly there are disposable biodegradable plastic bags that we can get the rest of the world is doing that there’s no reason why we shouldn’t be and we should be in Arkansas on the forefront of this discussion not behind it so let us move forward with this thank you I thought so that concludes of the comments and the new business first item will be your motion on the vote on the piece versus could COOK GILLETTE and THE CITY OF EUREKA SPRINGS get a motion to discuss a second all right motions in second I’d like to have mister CLICKAC our city attorney so I went and what where we are yes sir thank you hi again everyone you saw too much of me probably a couple of days ago but thanks for everyone for working so hard together for what ten hours I think they were there the day mayor as y’all heard the the magistrate judge expects us now to approve in this meeting a settlement that was reached in the settlement conference it was ordered by the federal judge and conducted by the federal magistrate at the federal courthouse a couple days ago and I want to tell you the essential terms of that and to make sure that we all know we’re voting on and then and then have a vote and what at the end let’s suggest a motion but basically the terms are in y’all recall that the CITY OF EUREKA Springs will write a check for $40,000 to the our fellow defendants the also across claimants the shed that was built next to the ground house will get removed within 120 days and their removal is down to well I’m calling the sort of ceiling of the Subspace so down to the floor let’s call it that has been done 120 days and a permit has to be applied for the issue to do that all the claims against everyone will be dismissed against each other will be dismissed and no fault will be admitted that’s per the magistrate the owner of the shed in the house next door they can reroute that shed and will be required to do so pursuant to our codes our building codes and whatever other requirements we have for the HDC and the other building requirements and they’ll have to get a permit to do that so they’ll apply for that permanent it will be given and they’ll get that roof on any new building whether it be a deck or another new structure on that property will have

to comply with any ACCC guidelines Planning Commission and course building codes the magistrate reiterated to us all and over there that the process and the integrity process requires that we are confidential about what happened that day the process that day what we discussed in that room and she reminded us all and I think it’s my responsibility to remind us again but the course the settlement itself will be public it’ll be it will be a document that will y’all hurt her ordered me to draft that and circulate it which I’ll do after the spoke today and in the vote I’m going to ask you to whoever makes the motion but to approve to also approve that the mayor have the authority to execute any documents that we need to to finish up the settlement and and that’s it I want to thank you all again because there’s a long and a very very difficult day and I know that y’all worked very hard thank you sir so can the motion me just to approve what you says or okay then I move to approve what the lawyer has just said second okay any discussion hearing no discussion all those in favor of approving the emotion is outlined by mr. clack Singh probably saying I any opposed no no okay let’s have a roll call miss green no miss Schneider no mr. MEYER yes mr. MCCLUNG yes miss HARMON yes mr. Thomas yes four – all right thank you motion approved thank you sir I know you’ll never want to see me again most likely but it was really a pleasure that day and it was a pleasure all we’re pretty terrific and I appreciate it not just your patient with your hard work thank you we didn’t go so well thank you Tom thank you sir our next item is a public hearing denoted by our resolution vacating a league between Midway and Vinton Street so I will now hear it’s public airing it for any people who would have a comment regarding this item you have a comment please state your name and address my name is Laura Teresa Corona and well we would like to see together I’m a family friend of the owners of this property and we would like to see they can get a title clear and they can continue the subdivision of the property thus THERE WISHES thank you thank you we have anybody else should like to make public comment regarding this to move the VACATE I make a motion though right now whenever we need to vacate the publication of quotes in okay now we’re okay now we’ll go for a motion okay I’ll make a motion that we accept the vacation of the alley for the family involved second discussion all right we have a motion to vacate the alley it’s discussed and they have a second no further comments all those in favor sing from saying aye any opposed okay so move next item of business is discussion of the budget for 2019 along with the amortization chart emerge and discuss I make a motion to discuss budget for 2019 check it check it by MS. Schneider I think LONNIE and did an exceptional job I am excited at how good we look

okay any other comments Lonnie’s still here by the way he’s just hiding back behind you clarify that there has been no changes since our workshop with you which is exactly what we are actually mr. Thomas there has been and the changes are in the draft that I gave you previously we have a an agreement with the school on a resource officer and the agreement with the school provides for them to pay $60,000 annually toward the cost of the resource officer and I failed to include that in the revenue in the other draft that you had so it is included in this in this budget because it is a revenue item in it it just it was one of those things this is the first year we’ve had it and so anyway the revenue is $60,000 more and there has also been a ten thousand dollar item but in for economic development designated just for economic development mayor requested I agree that that’s a good thing that we need and so at any rate that’s the two changes that have been made it’s just been moving $10,000 into that one category for economic development and adding $60,000 to revenue that was not previously there where is that $10,000 way it’s on page one under the non-departmental appropriations which page its page one page one of the detail I’m sorry okay the second one that’s the second item is zero one zero zero minus five seven way that’s an excellent idea I allow the MAYOR and I think maybe one of the other councilmembers was I don’t know which question hey you just said it was an excellent excellent addition it texted me and said can we do this and when I wouldn’t to give the background to the councilmembers when we’re at Municipal League would talk about the economic development and the entity had money for internet advertising and also publications of right now we’ve been taking that out of our own pocket and I think it’s time for us to be able to have a an area where we can see and the council can see where the money’s been spent for economic development on that that’s where this came up at mr. CHAIRMAN just I have a question for the attorney mr. Weaver if we do an amendment tonight right now can the budget be passed as amended or does it have to be a clean copy I’m sure I understand what you’re asking if we added something to the budget tonight could we then pass this budget as we as amended yes you could mr. chairman yes I think we need to consider a year ago or almost a year ago this council voted to remodel the downstairs to make it accessible for meetings and for good for the disabled I’ve been going to Fayetteville and I’ve seen whole buildings built and strip malls built in that year I think we need to people have been telling me this is not going to happen this is not going to happen and I don’t know why it can’t happen it was a vote of council and I’d like to add $50,000 into this year’s budget for the remodels begin the remodeling of the downstairs of the auditorium not only do we need to have a place to meet but actually I think we’re going to reach a point where anything that’s being held down there might have to be you know council removed because it’s somebody proclaimed that it’s not accessible and

we can make it accessible I’ll second stand it’s a good discussion in answer to your question we are as noted to the council applying right now for one hundred and fifty thousand dollar grant from the Arkansas historic preservation program we will be matching that basically one third of that so we’ll end up your fixed thousand dollars or basically be the match for that if we receive it if we don’t receive it then we’re going to end up having to come back to Council and probably also the CAPC and I’ve discussed this with them about working some sort of cooperative financial agreement in between there to come up with the total total fee so I don’t see a problem with if the council we wants to go along with that and going ahead and allocating 250 thousand dollars at this point I think we can have that in our budget to put in for auditorium remodeling the auditorium basement remodel to clarify that mr MCCLUNG and you go to polis $50,000 some other Department I think that’s you know that’s one of this tagging on the it will be included in the in the Capitol and there’s money there station money there to do it if that’s what you want to be in the capital fund yes right now mr. McCLUNG we have estimated revenues at $300,000 and the appropriation is 225 thousand under capital so they would bring it up to 275 that correct that is correct yes okay Miss Harmon quick question do I know the discussion has been going on for quite some time about remodeling the the basement gym and the costs that are associated with that do you have any documentation as far as what has been received as far as to a real cost because I know it has floated between we have we have an estimated cost and we have pulmonary plans on that I’ll get your copies of that okay thank you so yes ma’am didn’t we talk about either renting NORRIS street or selling NORRIS street for these funds also well and that’s going to come up another topic okay okay thank you any comments I guess we have a motion to amend the budget I think we already had and it was to amend the budget by $50,000 any further comments I was in favor I do that one okay and that it that it that the expenditure I mean it’s and then it may not need any clarification but it’s not it’s not to just be spin it’s it’s there to be used with the grant or some because 50,000 on its own won’t do enough to make the place usable or accessible that’s correct that’s kind of what I was trying to explain earlier that if we do not get the grant then we’re gonna have to pony up with additional money and can be working with the CAPC so yes that’s absolutely correct once we find out I’ve been talking to the architect I don’t I don’t know where he is exactly on getting the documents out ready to be put out for bids but if we did get the grant they would be able to I want to make sure we’re able to put it out for bids immediately on there too no further comments ALL THOSE in favor SIGNFY BY saying aye and he opposed ALLRIGHT SO MOVED r mr. chairman yes I think you’re talking about mr. mayor you talking about mr. chairman with PLANNING COMMISSION or the CAPC city council I’m still the mayor also ether name I believe it City Council that I believe that under Robert’s RULES OF ORDER will address you as mr. chairman yes sir I do we need a motion to approve the budget as amended yes I move to approve

the 2019 budget as amended second any discussion all those in favor since I’m saying aye any opposed somebody might address the next item there the amortization that’s it’s on there i interject just one correct you’re right so actually what I need and before Lonnie gets going ahead to here a lot of you want to which still need a resolution a motion to approve the resolution to sign this a resolution I’m going to read for approval let’s go ahead do that get thet OUT OF THE way okay I move to assign the resolution a number and read it for passage MR. Thomas yes MR. MCCLUNG yes MS.SCHNIEDER yes miss green yes MS.HARMON yes mr Meyer yes the resolution number will be seven four nine the resolution providing for and adopting budgets for the city of Eureka Springs Arkansas for the 12-month period beginning January 1 2019 and then being December 31 2019 appropriating money for each and every item of expenditure therein provided port whereas the City Council of the city of Eureka Springs Arkansas has made a comprehensive study and review of the proposed budgets and whereas in the opinion of the City Council the proposed 2019 budget represents as accurately as possible the city’s anticipated revenues and expenditures for the 2019 calendar year and now therefore be it resolved by the City Council of the city of Eureka Springs Arkansas this resolution shall be known as the budget resolution for the city of Eureka Springs Arkansas for the 12-month period beginning January 1 2019 and ending December 31 2019 and the attached 2019 budget documents reflect estimated revenues and expenditures in detail for the period all revenues and appropriations are based on estimated revenue and all estimates are subject to change during the budgetary period section 2 the amounts for revenues and expenditures proposed in the 2019 municipal budget are hereby authorized and appropriated for purposes set forth the calendar year ending December 31 2019 estimated revenues in the general fund are three million six hundred eighty nine thousand nine hundred and eighty one dollars an appropriations for that three million six hundred and sixty-six excuse me three million six hundred and sixty one thousand two hundred sixty eight dollars estimated revenues for the street fund are six hundred and fifty nine thousand three hundred dollars and appropriations six hundred and twenty thousand five hundred and thirty one dollars philippi estimated revenues are three hundred and thirteen thousand two hundred and one dollars and appropriations two hundred and ninety five thousand five hundred dollars ESTIMATED revenues for the capital fund are three hundred thousand four hundred dollars and appropriations for the same two hundred twenty-five thousand three hundred and thirty-five I see two two five two six five the way amended IT TO ADD 50,000 okay thank you glad you pointed that up so appropriations for capital fund will be two hundred seventy five thousand dollars two hundred seventy five thousand two hundred and sixty-five dollars estimated revenues for debt service 1 million four hundred and six thousand one hundred dollars an appropriation for same 1 million three hundred one thousand six hundred and twenty three dollars estimated revenues for court automation fifteen thousand three hundred and fifty dollars and expenditures eight thousand dollars estimated revenues for the firemen’s pension fund one hundred nine thousand nine hundred thirty dollars and expenditures 109876 t three dollars and

appropriations for same 1 million three hundred sixteen thousand two hundred forty eight dollars estimated revenues total nine million nine hundred thirteen thousand three hundred twenty five dollars that is zero thank you and estimated appropriations nine million and twelve thousand five hundred and thirty three dollars thank you MR. CLARK one say something about all the fennel there was discussion LAST YEAR on the amortization schedules for the bond issues and the other indebtedness of the city so I prepared the accelerator water sir bond payment schedule which is this woman shows where we are on one 119 and the remaining payments on the two water sewer bond payments and that just just as the water sewer bond payments and and as you can see those will be paid off according to this schedule 1 123 so that’s essentially a five-year plan then just for your information I went ahead and prepared an amortization schedule for the 2012 sales tax bond and then at the bottom those are the payments the principal payments and the interest payments and the dates we have to make them and so forth and at the bottom I put in there the tremolo that we have at Cornerstone Bank and the fire department equipment loan that we have in our vest and that represents the the debts that the city has this time it’s just more for information purposes than anything no action or anything needed I will take any questions that have any questions thank you sir appreciate well I thank you all for passing the budget that’s a big RELIEF me and a lot of other people thanks for this why this helps long sacred brings us to item number 4 discussion of adding Planning Commission from Council down what do business for no no no I’ll make a motion to discuss second MS. GREEN well we you know haven’t been having a problem with keeping people on planning my thoughts are you know we could put a council person in one way in a week when I sat on planning and HDC I was able to if we’re having a problem with that application or something in HDC I could bring it to plan you know I could discuss it and tell them you this is what we decided so I sometimes kind of think that’s not a bad idea it’s kind of a lays on because to me planning is the most important Commission and we have counselors sitting on the CAPC maybe we need to have a commissioner sitting on planning as it lays on just a suggestion that it’s happening before correct click but it was so at that time when it did happen there was nothing what was written in regards to that wasn’t just a temporary or was a permanent machine I think correctly I think we have an ordinance allowing that we have an ordinance allowing it it is allowable at this point that simply is not being done at this time but and it is in our packet right now so that is that is an option and of course part of the discussion we had and I think you were going to we’re going to talk about later on in MARCH about reducing the number right the pros and cons on that that’s what mr MCCLUNG how many members are serving there now Planning Commission plus we

just won five we now will have five that’s five active there right but one could quit at any time so we might be down to four we have another one horse but then there’s another one that we may may put on yes yes in two weeks up to six and that brings us to six right it simply the council right it’s you know if you I don’t remember I think when we had the Planning Commission member I think would the kind of the understanding was that they would stay on there until we found somebody else possibly to serve in that correct yeah yeah so it’s not that that’s just necessary part of the ordinance but mr. MCCLUNG hello we’ll really have five this is I don’t all yes be sworn in or what he has to do in his position and then and possibly a sixth and our next meeting and and although it’s not seven that’s that’s a pretty responsible number and then we can look at it in March about if we want to reduce it or not and we may not but I think they can operate this final six yeah much better I like to ask mostly are you saying we should have a liaison like we do on CAPC law just to make sure we have it was just it was to have enough people but also just it was something s discussion I mean I don’t know if it’s doable just as a provable to have some but you use the word liaison and that suffering yeah like we do up to see a PC right well we I just it was just the thought and it was something I wanted people discuss and it may not be a good one we do have two members of the City Council sitting on the CA PC and you know I just wanted to know if we wanted to discuss maybe having a permanent member from the Council on planning and I’m not volunteer that’s not where I’m going with this mr. Thomas I think that you know you have the issue of filling the seats but I think also she’s brought up some very legitimate reasons for having someone from City Council on on the Planning Commission so I’m in support of it personally I personally I would rather it only be with used when needed just for the separation at this time it seems like based on the recent or the nomination that was done tonight I they may not necessarily be needed at this time all right MS. SCHNIEDER well see and then were kind of this is going to be confusing because item number six was a discussion of clarifying the ordinance that was never done properly several years ago where was supposed to state that whoever was on planning and counts occur only late at one to meetings so if we have a regular person from Council on planning then we would have to rework reword or ignore or change or do something in that regard our counsel people on CAPC can vote on the same issue in both places but we would have to clarify that in regards to planning since this is now an issue there was supposed to have been written separately and then it never got ended in there so we’re getting two or three different things all different issues all into actually one discussion MS. GREEN oh this is just a question Nikki just brought up mr. Weaver can the if something comes to our table that involves the CAPC that they voted on can they vote at the Commission meeting and then come and vote here as of right now there’s no restriction and i’m elora okay thank you mr. MCCLUNG the only thing that will never come up that that the city would vote on that the CAPC votes on is just it’s just the membership of the CABC commission and then and the CAPC commissioners had that vote vote because they were appointed to be in a voting position follow that to fill those in both places you have a plan miss green okay if we were to take my suggestion mr. Weaver would if we put a Planning Council person on as a planning

Commissioner would they be able to come to the table like the CAPC and vote or no there’s no straight restriction would prevent them from doing that what I think Miss SCHNIEDER advocating is putting that restriction on the local level okay if we did it okay in further discussion any motions yeah towards their position six on the Planning Commission for a councilmember I’ll second that any further discussion okay mr. SCHNIEDER do you mean as a liaison no as a member voting member some holding members saying is it already stands a commission a councilman can be on planning no other we already approved several years ago what Bob is saying toward a permanent member that’s I’m sorry please Bob you want to rephrase your motion here I’ll reframe it I would save it I want make move that we reserved position six on planning for a council person and I second that okay so that’s a permanent position yes MS SCHNIEDER this is appointed like chec but will we vote on who it’s going to be so we say do you want to be on G line beyond and they vote C an appointed thing is different from hoping somebody will do it so you’re saying appoint someone I said reserved seat for some for a council person leezar what if nobody wants to do it does that seeks a vacant eyes I’m confused we know I’m that’s a good question what happens if nobody exception well I mean that would be the same as what if nobody in the community volunteers to serve on the Commission that’s not true well that’s that that’s not true that could be good that’s I’m trying to argue but what if nobody wanted to be on the CAPC well I would never run into that but it’s two different two different issues but you know we got a motion in it and so in a second on here so Miss Snyder so what you’re saying is we’re gonna reserve one seat for councilman if someone will step forward if not that seat just stays blank I could go back and ask what what were you remaining but that’s not true that’s not true maybe I don’t know something that you know it’s counselor stays on here for two years we have many people moving in at all the time so that’s not necessarily true that we wouldn’t find somebody in the county in the city to be on the county on the Planning Commission whereas if no one on the City Council is willing to step up it’s a good chance that position is going to stay vacant for at least two years and I’m not sure that’s that’s appropriate thing I’m thinking personally I think the onus is good at the way it reads if you made the motion and there’s a second so any further discussion given that you expressed your opinion I would guess as mayor I’m not sure you’re I’m going to withdraw my motion and I’ll withdraw my second okay there any further discussion on this side no all right number five discussion of animal ordinance whose to discuss second working here pass these out my MS. GREEN would you like to yeah to read what you I sent these to you and to Tim did you have a chance to look at him us for a much more detailed description okay I ran these by Jimmy today and he was happy about them he felt that it does give him some teeth there three definitions and then just a couple of a wordage change on six oh four oh four a it went from just whether to include inclement weather and then I wanted to add on six oh four oh four as number H

animals left in vehicles when the weather is hot mr. WEAVER did you have a chance to look through this I have seen these and she actually started to DRAFT them and then I spoke to Schneider who originally was the one that had brought up the animal changes and she reminded me that she believed and I believe if I remember correctly also that there was some discussion of not using actual temperatures in the code because that can prevent or can make it more difficult to ascertain whether there’s a violation or not and so within discussing that with her she wanted to be able to let counsel we sit before we spent the money to draft something that counsel would maybe take out or amend MS. GREEN could you write them up better for me because you that’s what you asked me for Tim western pictures well and I spent three days going through so many cities and this is what I came up with as far as picking a temperature we have to have some justification and I’m not really sure where we not understand cooking it anymore in a car a hundred degrees Fahrenheit or more is that what’s getting out to you abuse that was from the Fayetteville and then as law is my understanding has been challenged but not on that particular issue so I don’t I can draw it up this way but I did not want to expend the council’s time energy and money without counsel having the opportunity to think about it because that was one of the discussions I believe that we had many months ago when we started some of this animal ordinances okay they start the biggest thing the council has to really think about a way the pros and cons is in putting actual numbers because depending on the animal depends on up these are good or bad my BOXERS wouldn’t survive in any of these cold or hot temperatures but then there’s other dogs that would and so what we have to decide is do we actually want to put a number even if Jimmy says yeah these are good numbers and we want to put a number or do we want to use wordage where a complaint can be made the animal control officer can go and use his own judgment that gives him the leeway to say yes cool the dog warm him up whatever for he’s fine I mean if you had the st Bernard I think probably 50 below the ground be in Chicago right now but my boxer 40 degrees and they’re dead so I mean you know that’s them saying we have to decide which you want to use numbers or areas of heat and cold logical wordage that’s what we have to decide what what do we want didn’t want to step on toes leave ourselves open for lawsuits or just use logic which I know is harder than this tower but that’s what we have to decide in the past when we’ve had a few very few thank God court cases involving animals being abused or we believe to be abused and brought charges against someone in our district court we’ve always used a veterinarian come in and testify that the animal was in distress based on the weather conditions and that is insufficient for the judges over the last 17 years to make a determination that if the veterinarian with their training is willing to put their authority behind it that the animal is in distress caused by exposure to extreme heat or cold that that is a violation without using specific numbers but those have been rare and none of them have actually went up to Circuit Court where review is possible on a higher level they’ve all been just in the district court and they’re as I said been very

few I think we’ve had maybe three or four and and the 17 years I’ve been bringing the prosecution’s in the city mr. Harmon I was just going to add this thing thing that’s Tim saying I mean I think I don’t think there’s anything wrong with the definition I think that if if at some point this does cause us issue just because we have the degrees in there I agree with Mickey that there are animals that can take cold temperatures and/or hotter temperatures than others so I would be perfectly happy with putting something in there that said that the temperature you know if the temperature is detrimental to the animal safety or the animal shows significant signs of distress then our official has the right to make that assessment at that particular time mr. MCCLUNG the only one I can agree with is minimum standard shelter the rest of them are too subject even you know ah but the on the definitions and and and both of the ordinate changes to that and I don’t I don’t think I don’t think they’re good I don’t think you can all right you know I don’t ascend a degree whether is is it’s a pretty mild day in my opinion even in a vehicle so you know are just I think what we have on the books now is just sufficient let me just put it that way and make it simple this agree we don’t have anything on the books for animals in hot cars so I would like maybe mine’s not written up right it came from Fayetteville I would like something put into our codes that will ascertain to an animal in a vehicle go over here because we do not have that in our CODES mr Thomas I talked with the people in Fayetteville about a year ago and we’re working on less the reason they have seventy degrees and their code is because it helps them to eliminate nuisance calls they said they would get calls when it was fifty degrees outside and people would be calling about dog overheating you know and they so they they just do not dispatch if the temperature is not over seven degrees we start I think just using wording along the lines of what Susan came up with would be fine in regards to the vehicles and I can speak from experience our shop people when animals and orchids are left in cars believe me they called the police in to take care of the animal there is not an animal left in a car for more than five minutes and bad weather MS. GREEN well again what I’m saying is the last one it isn’t in our codes anything so I would like that the definitions sure they could be rewritten but it’s good to have definitions in our book so that we have something in there that explore you know that they can grab on to so yeah Susan’s right good okay I’d like to make a motion to have Tim draft something that will work to get better language to the definitions and additions to the codes for on all these definitions or under authorship traditions and codes with some of definitions and summer coats I’m sorry repeat again I’ll make a motion to have Tim draft better wordage on the definitions and the changes to the codes six oh four oh four a it was just our incumbent weather was added to it and then six oh four oh four added as H the confinement of animals and hot vehicle then our second okay mr. Weaver do you understand I will to my best if council so directs okay we have a motion and a second to have mr Weaver draft an ordinance including these definitions and I guess addressing

item six oh four oh four H in a best manners he determines that correct yes any further discussion miss SCHNIEDER now I’m really confused as including all of this or just the one that we had talked about he’s going to he’s going to work didn’t carry say all this is already in there except for the bottom the definitions are not in there make oh and there’s a change in a word there that needs to be changed so nuns are asking the City Attorney to use his better judgment his legal judgment to reword this appropriately and logically yes okay so I can go along with so she will have to be the one to be no further discussion all those in favor signify by saying aye any opposed at five one by one brings us up to the next item is a discussion of council members who are also on a commission voting on an issue it will only one table motion to discuss second all right MS. SCHNIEDER okay when we made this ordinance several years ago part of it was supposed to have included a statement that a councilman who is also a planning Commissioner could not vote on the same issue at both meetings because plan and counsel quite often had things we’re planning is going to do or wants to do and Commission and the council has to follow it on which way it goes if it’s done or not it’s not right for one person to be able to have that kind of power shall we say I vote in both seats so this is also been put in there and it somehow we don’t know how but it’s gotten deleted that wasn’t even there for the last vote the one that finally passed since I have a feeling is going to be one of those that was supposed to be tweaked later on and never did but we simply can’t have one person voting on both seats that’s not fair to the community MR. THOMAS I misunderstood topic I did not know it was restricted to the Planning Commission I just read it as Oh council members on the Commission if there is a law that says CAPC commissioners can vote in both places and of course we can’t overturn override a law this is referring to the planning please okay yep okay your honor and I’ll go back to what Bob just said you know I thought the whole reason why we moved are voting on the CAPC position but because we are going to apply this or wanted to discuss the fine National Commission so it’s it’s it’s unfortunate that we have now gotten all the way to the bottom of the list and now we’re clarifying that it is planning the other thought that I have on this is that when you sit on a commission you are supposed to be acting in the best interest of the city period when you make the decisions that you make and I think to to prevent someone who sits on both Commission’s or both places either be on a commission in or City Council deny them that vote that their constituents may have supported or not supported the denying them a yes or no vote I think is WRONG and I would like to see where that is in state law in any other law out there as a comparison because I think you you run the risk of alienating those individuals who have placed you on whatever you know commission or in this case City Council that vote this charter season we had come up with this susan was because if planning denies someone something their recourses to appeal to council so if you would have the same person who denied on planning on council that would be an unfair vote because they would the same person would keep voting against you know whatever that that was what started this years ago during the discussion of having a councilman who at that time was that allowed to be ON PLANNING if you were on council and that was why because it would be unfair no we didn’t put it in the ordinance no like I said probably one of those things I was supposed to

get tweaked in the mirror that’s great I was just going to say I I got my questions answered and when we did number four about the voting and I think Bob meant no disrespect to the applicant for the CAPC I think he just wanted to clear it up before we voted on this I just read the title the problem with with having a council person on these commissions like I’m like like that like Planning Commission is that anything that comes before the Planning Commission can end up here and so consequently you know their vote is more important here than it is there in my opinion so if they brace it it there or if that’s waste is not the correct word but if they voted on that on that Commission and then it comes to this table then you who’s to say that what is discussed wouldn’t change their opinion in them vote in the opposite I understand that’s what you’re trying to prove it to prevent but I think I think that if you’re going to have somebody from here run those Commission’s they don’t pay better not vote and further discussion any action here alright we’ve been hearing any action that I would like to remove clean the window what do you mean action are you emotion yes okay I’m sorry okay I would like to make a motion that we limit a councilman who’s also planning COMMISSIONER from voting on the same issue at both venues do we need that I like that added to the ordinance do have a second I’ll SECOND at that for discussion all right so we have a motion to add to the ordinance that the PLANNING commissioner shall not be able to vote on council upon same action that came before planning that is they voted you know they don’t want they abstain I guess even the abstention is a no vote that’s true yeah so so I mean it’s you’re taking them out of the picture the only way that they’d be don’t vote is if they don’t show up they can’t vote on the same action yeah so if it but that’s not a good idea okay all right thank you let me explain miss SCHNIEDER what I did as a councilman sitting on the Planning Commission when there was a vote that I knew was probably going to come to Council I did not vote period abstain present nothing it was we fought part of the ordinance and understood since it will come before council I will not be voting and so was that counted for work on questionless waiver and with with that if this motion passes and pretend to ordinance where they cannot vote how would that appear if it’s an abstention it’s a negative vote that’s true and therefore I’m not sure how you would record it for purposes at the second hearing before the council unless the person would leave the council meeting and therefore not be present when the vote is taken wait if they recuse themselves from the motion and discussion I think they would actually have to leave the meeting temporarily at least Charmian that’s my question too because in in theory your job as a commissioner sitting if something started in planning is is to vote one way or the other on those particular issues you know it could be that that you may think you’re kind of playing the system and you think it’s more important to vote one place or the other but it’s still your job to to vote on that Commission I mean I just think I can fair if you really thought the process through there are scenarios

where this would be a bad idea much McClung did I say you have your hand up yes you did it is a bad idea okay miss Schneider can we have the City Attorney’s opinion on why how he thinks they should deal with this well the way the state deals with it generally speaking is if they believe there could be a conflict by someone setting on two boards one that reviews another they prevent anyone from setting on both boards they’re so small you repeatedly tried to put people on the boards too well so I mean I don’t know the state though says generally speaking you can’t set on two boards that you’re going to have to vote on the same thing twice then do you think we should disallow council from planning go back to the original area that it was that would be the way the state would handle it I believe okay then I make a motion the REGARDLESS OF WHATS ON THE table that we planning can’t do that you can’t do that make you can’t do luck oh okay I will take my motion originally off the table in your second and my second yeah okay then I make a motion that we remove their ordinance number which I don’t have in front of me 2179 2179 from the books and no longer allow a councilman to sit on planning at the same time or any Commission does that work him except to say pee stick clogs you need an ordinance revoking that okay I make emotionally revoked 20 what was 2179 to 179 check it I’ll second okay got a motion a second drove out ordinance 2179 wait that would allow that would remove anybody from council being on the Planning Commission miss green I don’t disagree that Mickey brings up good points but we have had times when we have not had a quorum and the city business stops if we need a Cu P if we need a variance so there are times when when Mickey went back years ago it was desperately needed and to take that off as we could hamstring the city I think mr. McClung anyone else all right we have a motion to eliminate ordinance number 21 79 to actually eliminate you need an ordinance to do that until you have ordinance drafted to eliminate 21-7 yeah all right any further discussion LETS DO A ROLL CALL mr. MEYER yes miss green now mr. Thomas no miss SCHNIEDER yes MR. MCCLUNG yes MS. HARMON YES or two all right all right thank you now again I think what we’re able to do if it’s with consent of the counselors bring back the nomination at CAPC with James DEVITO as recommended by the CAPC da here motion motion to discuss sorry comment if there’s any questions now that you can actually quiz me on this I’ll be glad to answer them for you Oh I am James you bring a lot of experience and knowledge and a lot of I mean you really want to help the city the only thing I have I would like to ask you about this I don’t disagree that in the future we should talk about a parking lot at this time is that your main motive now is is to start working on having a parking lot it’s not my main motive no but it’s something that you know I’ve been at it for the last 25 years and the city has been discussing it for the last 50 years but that’s not your main motive it’s not the main

motive okay the restaurant seat has been vacant for over eight months and like I said you you bring an exceptional amount of excited I’m only one of seven boats by the way I know and and you are an excellent candidate I just wanted to thank you very much okay that’s all I want is comments questions hearing that all those in favor of yes somebody made a motion oh I make a motion oh I’m sorry I’m a motion to approve James DeVito for the CAPC position to position two all right good in further discussion all right all those in favor say probably saying aye any opposed president thank you sorry it took so long okay that brings us to item number seven resolution to accept DoD Department transportation sidewalk grant hear motions to discuss almost we received a notification from the state of Arkansas that we have received in been approved for a $250,000 grant to complete the sidewalk up on top of player hill from player Hill to the old school also known as community center our grant matching was six thousand dollars of this three hundred thousand dollars we back in April he approved and adopted a resolution authorizing us to go ahead and approve for this grant and this is continuation of the grant and we did get it so we’re going to be able to start on sidewalks and have that completed so that will be great news okay yeah I moved to assign the resolution a number and read it for passage merchants secondary discussion okay mr. MCCLUNG yeah mr. THOMAS yes MS. green yes mr. Mayer yes MS.SCHNIEDER yes MS. HARMON yes the resolution number will be 75 zero resolution to authorize the mayor’s seat gain News Catherine puns previously authorized under resolution several others adopted on April 27 2015 whereas the City Council of Eureka Springs Arkansas having been or cleanse may now be available as requested unusual 77 whereas this autonomous approved the exception fundings budgets in order for them to be utilized whereas the city needs additional sidewalks on Van Buren’s me whereas the city can possibly obtain funds through the tap grant program on an a 20% match therefore be it resolved by the City Council in the city EUREKA Springs Arkansas City Council hereby renews its approval a resolution of 77 as if set out here in word-for-word and furthermore the mayor is hereby authorized to accept said funds in any reasonable manner including but not limited to use of city funds and any other good and valuable credit is kind the city may have or pain to act as match funds in the amount of $50,000 to obtain $200,000 that rule plans for a total of $250,000 in order to find sidewalk improvement and extension under Arkansas dot r dot Arkansas Department of Transportation job name and number jobs zero nine zero five six six Eureka Springs West men beard Street sidewalk improvements tap eighteen okay good deal all right that brings us up to unfinished business ordinance number twenty two seventy five for collection of expenditures for cleanup third reading I move to suspend the rules in place ordinance to 274 on its third reading by title only that you ever when you get into this I’m going to make a suggestion and I’m not sure if the city clerk got this to you or not but to make it a little clearer what we’re doing there are two sections I’m going to

suggest that one of you amend this ordinance to remove those being in the section 1 line 3 it says Arkansas Code Annotated and is section 1814 101 I’m gonna suggest that we remove the word annotated section 18 – 14 101 and then at the bottom of that paragraph again it says Arkansas code annotated section 1814 102 within 18 months I’m going to suggest that from the word code there also be removed simply the way I understand what’s going on here is we used ordinance to create this from another municipality here in the state and when we go back and check these citations there’s been some change apparently to the state code but that that one we agree we need to retain because that is the only place that actually authorizes that type of removal collection so we want to leave the 1454 up above that remove the two citations to title 18 because liens are no longer in title 18 – 14 those are now reserved for another property law mr. waiver on the on the bottom when are you leaving within 18 months now I’m suggesting we remove it because the statute apparently at this point would allow us as long as 10 years and get more time to collect the better on a lien if we go by lien rather than by doing the alternative method of placing in doing the tax rules so it’s just in Arkansas code period in Arkansas code and that should a court find the 18 one still applies then we’re still good and if they don’t we can use Tennessee all the better we need to go ahead and vote on it I’m reading it by title only and then make the amendment before we before we finalize it does that make sense okay or we will go ahead MR. MCCLUNG said we’ll go ahead and throw on this adds a motion and seconded to read by title only and then we’ll make the amendment after that Miss Harmon yeah mr. Thomas yep mr. later yes miss Greene yes mr. Mayer yes mr. McMCLUNG yes SIX ZERO witness number two 274 an ordinance amending the Municipal Code regarding collection of expenditures for cleanup and repair of properties found to be in violation of city code mr. MCCLUNG by the suggestion of counsel I would like to city attorney to the city attorney yes same thing mr. director or what he called Weaver I would like to make two amendments in section 1 1 million line 3 removed annotated section 18 – 20 – 101 and then at the in the second last line that that section removed after the word code annotated section 18 – working – 102 within 18 months I’ll second that in discussion we got an amended motion to removed the annotated section to 1814 101 and annotated section 1814 103 within 18 months when they will call okay all those in favor signify by saying aye aye any opposed get a motion to approve amended or that’s 22 will there be discussion I

move to approve ordinance number two 274 on its third reading bottles a minute and by title only as amended okay your second second all right discussion yes sir I’m uncomfortable with the fact that City Council at its discretion can choose to impose a lien or an added tax I mean you could have two people coming up on the same night in one of them we could put a lien on the property and on the other one we could decide to add it to their tax bill well the legislature in their wisdom has passed this as alternatives and placed it there they do not require the city use one method or the other or both and it is up to the council decide if you’re uncomfortable with one method or the other you could simply adopt that the city of Eureka Springs will only follow one particular method but should the council wish to follow the state law the state law provides that you can use either method I would talk to have you looked at something to see if we could add it and I’ll read it but I thought you might want to see it in writing that residential properties held by individual individuals will be subject to a lien against the real property property smile by trust LLC partnership and all commercial properties would be subject to having the amount certified by the City Council and placed on the tax book as delinquent taxes and collected accordingly which would mean private home owners would have a lien in other words what others might have a tax added the problem that I would see to begin with is the fact that it says trusts and partnerships would be held and the private residence can be held in a trust and it can also be held in a private partnership of the occupants correct my my home is in a trust so if I ever came before you I would be getting a facing attack I don’t know that the law would allow you to necessarily make that distinction I mean I am the only thing I can think of is your assuming that if it’s in a trust that maybe there’s more money to be had and therefore they could clear up a tax lien quicker than they could care clear up a lien on the property itself but I think the court might find that you’re not treating individuals and their methods of planning for death and retirement two trusts in an equal manner could it be just commercial properties it would be safer if it was only commercial properties first herbs in Carmel MS. HARMON I just want to clarify something that mr. Weber mentioned before regarding the ten-year can you explain that would there be I guess my question is is that there is a 10 year limit was it on I’m just needed clarification because how long can you hold the lien is there a 10 year exploration on taxes that are due or on improvement and or collections from a city taxes which are due are collected through state procedure and typically they’re collected by cell of the property after they’ve been on there for a period that you know in the type of tax three years or less a lien in and of itself when placed on real property in a general speaking and there are certain other liens that are much faster than this but in general speaking all liens are good for a 10 year time period in the state of Arkansas unless revived or collected during that 10 years a revival of a lien there’s a procedure where you filed with the circuit court and the wing can be revived mr McCLUNG so so both of these are liens they’re both avenues you know to to encumber the property and so what happens is is if the person owns that property and you file that lien and they and they don’t pay you and then it runs out in ten years and 11 years they sell

it you’re not going to collect with the tax lien if if you’ve got a tax lien on it whether it’s 10 years or 20 years and they may pay their property taxes that lien is still there and when and it’s a cloud on that title and if they go to sell it then they have to clear that up or they’re the you know they they don’t have merchantable title mr. Thomas when you borrow for a lien or this tax does that put a stop to the find the daily fine that this person is getting or does that continue this would be exclusive of a fine this would be for only the collection of the costs expended by the city fines are a punishment and therefore they would not one dictate the other but typically a fine would be resolved if you were if the property was rehabbed by the city’s effort you find would not be a continuing matter at that point would be the correction of the cost and fines up to that time period the problem that I have discovered and mr. McCLUNG pointed out is that if replaced lanes which we’ve been able to do that those lanes can be uncollectible so the city goes out and spends X amount of money on something on piece of property and if that property belongs to you and I don’t want to point you out but you mentioned your properties in a trust you can say thank you very much it’s in a trust and I appreciate you fixing my property up I’m not going to pay it and you don’t have to pay it you’ll never pay it because your trust is always there and in ten years more than likely that’s going to be forgotten by the council and will not be renewed with the tax thing and that’s what this was appointed wood for was that we would be able to recoup the money that we spend in repairing coffee that’s a hazard and it’s safety that’s a health safety issue we’re not going to go around painting people’s homes and places back but I mean again and it’s up to the council to to through this process I think you had probably this was written at your request and so why are you keeping liens why are you just not because mr. weary said they’re both we’re just adding it to the ten state statute it’s not going to be one or the other I I mean as long as it comes before the council you know you know counsel the one are they I mean it’s going to be termination the counselors in this appeals but when we leave it for anything comes for the council it’s it’s going to be the the tax situation because I want to be paid I look the city to recoup the money that’s being paid and I know on a lien there’s no guarantee we’ll ever get paid that’s why we haven’t done a lot of safety issues that we’ve been needing yes sir Thomas not Mar I unconscious that was mr. MCCLUNG said if it spread on their tax bill they can’t keep on paying the taxes they have to pay that correct over the taxes otherwise the taxes will be delinquent right correct I mean they just can’t pay part of their taxes the whole thing would be part of it that unders and I know that Rural Fire Department’s put their fees on on tax bills and people have ignored those but there’s an exception in the law for that there isn’t an exception in the loge of this order may be voluntary taxes I’m not sure but yeah well the local fire department board can be let to put the dues on it yeah yeah that’s that’s the thing I wanted to clarify as well is that is that if a person keeps their property taxes paid in this then this is an attachment to their property taxes if this on its own merit is delinquent not paid the still fall under the same regulations by the state and after three years they will pull it in and then put it on the land sell scrap yeah basically do okay

even though even though they’re part of the property taxes are paid this is considered a tax they’ve not paid okay excellent away is that you reads I don’t find that it’s been used a great deal and ever went to court most people pay it rather than risk it SURE that’s all I wanted to clarify Thank You mr. Thomas I went through chapter 9 and and put it in the language that I could understand and I just want to point out that chapter 9 and TIM can speak to this uses the word Shou Shou Shou Shou Shou which as I understand it in law means you got to do it there’s no choice and it says the building inspector shall the building inspector shall the building aspect Rachelle the building inspector shell and it ends up with the building inspector shall bring it to City Council so it’s as far as sidewalks I haven’t really looked through the other one that closely but as far as sidewalks it’s going to end up here if somebody violates the sidewalk law it’s going to end up here the ins building inspector would have no choice and it would be City Council that would have to make the choice to do either a lien or a tax so we would have to do that make that choice well as far as being a sidewalk if you look in title 9 and throughout it it speaks of structures and it is possible or the sidewalk may not meet and also that’s the side of it is powering off or you let your weeds grow up to three feet high those are health hazards we’d have to define and we may have to go back and look at it when we address sidewalks if the council look addresses construction of that again and make sure that that qualifies as a health hazard and a structure so the ordinance we’re reading tonight but third time doesn’t apply to that law I’m not going to tell you it does or doesn’t because the the language you just the shelves talk about structures now this is from the sidewalks you would not not our ordinance from the state code well this is our ordinance our miss does not Trump the state code well I really I just am not comfortable I mean I’m I’m gonna probably in all likelihood vote for this I think it I think it has some good ideas in it but I’m just not comfortable some people getting a lien and some people getting the taxes and it’s just totally arbitrary miss Herman I guess my thought on this was that it was going to include sidewalk and if it does include sidewalk we’ve placed a an amount in our 2019 budget for sidewalk repair and if state code doesn’t may or may not have that up then you know I want a little more reassurance that that money could be collected somehow if we’re out there fixing sidewalks and I know that’s not where this conversation started but my understanding was that side the attempt was that sidewalks were too to be a part of this if title buying good state code or not titled subsection doesn’t allow this to be used on sidewalks and I’m not saying it doesn’t but if it doesn’t you still have the state lien that we have right now that could be placed on the problem for the sidewalk repair and most likely it does include sidewalks but it’s not an absolute that I would stake my life order that of anyone else’s on we may have to choose one or the other based on what were based on what the debt is for I mean specifically says weeds and it specifically says dangerous structures well I think that is it’s a dissonance addresses multiple health and hazards health and safety is we’ll have to look into specifics of the sidewalks I was hoping that’s also address sidewalks if it does then we will come

back to this council with with some sort of an amended ordinance that will include the sidewalks because the sidewalks is very much and it’s part of my thinking on this but it also addresses mitigation of wave lots and items like that we have no recourse on this one just this the Bob at least to this feeble mind that sidewalks that would be repaired would be sidewalks that are a hazard so I don’t see how they could be treated as anything last I mean they are they are manufactured substance you know they are structure and they have form to them and so if they need to be repaired it’s because they’re a hazard we’re not going to do it this willy-nilly so I would know I’m not too worried about that I would tend to agree with you sense of State Legislatures has determined that billboards are structures that I’m sure that they would see sidewalks is part of it but we will research that in find out ya health hazards I would think down base trips but any further comments I just would like to make one comment because there’s been some questioning in around town about this ordinance and about putting people out in the street there was a house here in town that almost literally fell in on the inhabitant and you know nobody chipped in to help them fix the roof when the roof first started leaking what works you know fixing the roof for someone before it falls in on them or or or the back wall is ready to cave in on their bedroom or just letting it go and I do believe this is a good ordinance and I don’t see if there is a problem with somebody up certainly the citizens can has started GoFundMe for someone that needs assistance that bad that can’t afford to the requirements okay further comments and I think we have a motion and a second to retitle thorn and red to approve to approve ordinance 2274 a third reading as amended is that correct it is all right we need a roll call judge we do okay that’s all right yeah MS. HARMON yes MS. SCHNIEDER YES mr. Meyer yes miss green yes MR. THOMAS no mr. McCLUNG yes five one all right then we just the conclusion I guess for agenda setting agendas for this plan we I guess it was two meetings ago last meeting we discussed types of sidewalk materials and it was a recent discussion but I don’t see it on unfinished business of didn’t just die or have we materializing an ordinance for that including here maybe not Thanks we’re waiting to hear from HDC about the historic miss okay that’s what we’re doing right on I knew there were some nights we’re running on HDC yes and then we’ll address it you know itself but it’d still be on our no I’m finished not until we find out I mean that would be unfinished business because it’s not it’s at the HDC right now anyone would have a whole list of unfinished business I mean unless you just want to put it up there for a marker what is the excuse me but what is the process how do we feel about requesting either information from HDC setting up a workshop with HTC or having somebody come in our talk today chat talk to y’all and find out connection a didn’t give you information on it so yeah yes ma’am not that we are doing the agenda okay I would like to add to our next agenda a discussion of code enforcement and policy procedures to make sure we’re all on the same page well I’ll second that

also our discussion of the planning seat has made me really think so I would like to add a discussion of when it’s appropriate or is it appropriate for business owners to vote on business related issues when they are a commissioner and/or councilman I’ll second that repeat that again sheesh any discussion of isn’t appropriate for business owners to vote on business related issues when they’re a commissioner councilman business related are you talking about their own business owner yes right I mean I think that’s rather obvious that the people would abstain if they’re talking about their own business I understand what she’s talking about okay I got one did you second my second yes yes yes ma’am okay when I talked to Jimmy today he asked if we could have a discussion coming up with closing in the dog pen up at the police station for inclement weather he said he’s been taking the animals home a lot of times in this cold weather because it’s not safe for them up there I’ll second it I don’t know if we need to discuss that or Frank just go ahead and take care of that and work with him and getting it enclosed I mean where we are we going to take care of that that’s easy that’s administrative okay Matt may make a comment okay your honor Jimmy said today he has a friend Denny the roofer that would be more than glad to donate metal and stuff Jimmy so I think that’s an administrative thing I’ll take care thank you I appreciate it mr. Thomas I would like to ask mr. Weber to do his ex parte lecture any further comments or and agenda items all right nothing being done no just city councilor comments which promise yeah I have several shortly I’d like to address the criticism that we were doing something that was not on our agenda tonight and that we were illegally moving something on our agenda if item number six is there and we have often moved agenda items based upon need of when people were here and when people were not there all of us at one point in time would like to change the rule to do what we want I just think that’s totally inappropriate and I wish the Chairman had just said he couldn’t speak now I’d like to talk about why I call I distinguish between chairman and mayor a chairman has to remain impartial a mayor can advocate for anything that he wants to advocate for you are the chairperson of this council at any point you can say I want to speak as mayor and we don’t demand that you get up and leave your seat the way Roberts will go it’ll be casual about it I call you mr. chairman because I want you to be impartial and that’s you know and from now on I won’t call you anything for the rest of the meeting I’ve just been sitting here with my hand up okay because I think you’re the mayor I think you have the administrative role and I think man I think you are allowed as mayor to advocate for whatever you want to advocate for but it’s chairperson you have a responsibility to remain impartial and if you want to speak on an issue if you want to tell us what we can do or what we can’t do on an issue you need to tell us that you’re going to speak as mayor and from now on you know I don’t know what to call you but I’ll raise my hand wait that’s all I have to say I’m sure I’m just glad to be here the Charter well along with what he said remember there’s two girls here two boys there this man I’m sure ain’t going to cut it when we both over here so he would say man neither one of us knew sue and he would pay sorry but this weather has me really clogged up I want to clarify the morning that I used at the last meeting in regards to the end of the Vietnam War in 1973 which was 46 years ago that was Tuesday not two weeks ago I was trying to say two weeks ago that at our next meeting

we will be celebrating 46 years two of the end to the Vietnam War and it didn’t come out right so I’m clarifying that that’s it the MS. HARMON nothing MR. MEYER no I could be a good night to let the water drip yeah all right thank you five minutes Tommy mr. Thomas I’m not going to address your your comments at all you and I can talk about that in private I don’t think this is a place for that this seat is I’ve been addressed as mr mayor mayor so you call me anything that you want to call me that’s fine you know this point events go we got the taste of New Orleans at the Grand Central Hotel on February 9th at 1:00 p.m. and then when they return to the French Quarter to meet the Mardi Gras Royal Court so bring your umbrellas for lots of the second lining and that’s all I have a motion to adjourn second all right thank you you

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