Board of Directors

MINUTES BOARD OF DIRECTORS MEETING MARCH 3, 2003, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, March 3, 2003, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Monette Allen, and Pledge of Allegiance to the Flag was led by Mayor Bush. Mayor Bush called the meeting to order at 7:00 p.m. 1 Roll Call Roll call was as follows: Present: Directors Elaine Jones, Burt Newell, Carroll Weatherford, Bob Wheeler, and Mike Bush, total 5. Absent: Directors Peggy Maruthur and Bill Edwards, total 2. 2 Approval of Agenda A motion was made by Director Jones, duly seconded by Director Newell, that the agenda be approved. Upon discussion, Director Wheeler stated that at the request of Director Edwards, he recommended removing Item No. 28 (Proposed Ordinance No. O-03-25 Amending the Transient Merchant Regulations by Expanding the Area of Prohibition and Increasing License Fees) from the agenda and considered at the next Board Meeting. Director Newell requested that Item No. 03-026 (Install Four-Way Stop at Seventh and Rector or Reverse Existing Stop Configuration) of the Public Safety Report be removed from the Consent Agenda for separate consideration. Mayor Bush then called for a vote on the motion to approve the agenda, as amended; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of February 17, 2003 Board Meeting A motion was made by Director Wheeler, duly seconded by Director Newell, that the minutes of the February 17, 2003 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests City Manager Kent Myers recognized Ms. Darlene Garrett, FOCUS Garland County, who stated they have developed and documented over 6,700 visions. The study action teams have gone through all of those visions and developed overall goals for eight categories. She stated that the visions were developed based on the expectation and values of over 1,300 Garland County residents. There are over 100 people presently meeting to put strategies into bringing these visions into re ality. She then reviewed the following eight categories: (1) Cultural Issues. By 2008, through cooperation of community resources, everyone in Garland County is aware and has an opportunity to participate and benefit from multi-cultural activities and events occurring in the community; (2) Economic Development. By 2010, Garland County will have a clean, cooperative diverse economy sustained by a well-trained, well-paid, multi-cultural workforce serving a growing population, which preserves and utilizes the unique history, cultural and natural resources, and quality of life; (3) Education. By 2010, Garland County’s education system is seen as an exemplary national model, which is characterized by (a) broad, rich academic, occupational curriculum for all pre-K through post-secondary students; (b) all Garland County stakeholders share responsibility for outstanding performance and character education; and (c) state-of-the art educational infrastructure, which includes technology; (4) Environment. By 2008 and for future generations, Garland County’s overall natural beauty will be preserved, reclaimed, conserved, and protected by all residents, leaders, decision-makers, businesses, and developers; (5) Infrastructure. By 2012, Garland County will have high-quality, well-maintained, properly constructed roads with controls of roadway frontage and improved traffic flow; by 2009, Garland County will have well-trained and properly equipped law enforcement and fire departments with expanded cooperative services and includes federal agencies; by 2018, Garland County will provide and maintain high quality water and sewer systems for all county residents with adequate facilities to serve a growing population; by 2008, media communication and utilities’ access will be expanded throughout all of Garland County; by 2007, Garland County will have high quality, open, visible governance; by 2007, Garland County will have defined neighborhoods with defined unique characteristics, needs and assets; (6) Recreation and Entertainment. To foster a better quality of life through developing a parks and recreational entertainment mecca in Garland County for residents and visitors of all ages by a goal of 2008 (goal No. 1 is to develop a countywide recreation plan; and goal No. 2 is Humphrey’s Dairy Regional Park); (7) Transportation. By 2008, Garland County will have a well-planned, well- designed transportation network serving the citizens of the County. This network will include: (a) safe, attractive access routes to Hot Springs (7, 70, 270, etc.) to include Central Avenue, especially through downtown; (b) a completed expressway to facilitate traffic flow in and around the City; (c) an enhanced system of public and alternative transportation throughout the County; and a comprehensive plan for development and improvement of state, county, and city roads and streets. (8) Youth. By 2008, young people are valued by all individuals and sectors of the community and are active participants in determining and meeting their own needs. She stated that the next step is to develop goals under each of these visions based on the priorities identified by FOCUS and will be developing strategies to meet these goals. She stressed it is important that the Board embrace the visions or become involved in changing those visions. On Thursday, March 6, 5:30 p.m. to 7:30 p.m., at Garland County Community College auditorium, there will be a group from Little Rock to conduct training on strategic principles and strategic thinking. Director Wheeler pointed out that reference is made to Garland County, which includes Hot Springs. Ms. Garrett replied that Hot Springs is part of it, and there will be transportation goals and strategies developed out of this group for Hot Springs. City Manager Kent Myers added that even though the goals do not specify the City of Hot Springs, it is all inclusive and is a countywide visioning process. In the past, there may have been more focus on the City, but this is an effort to develop visions for the entire County. 5 Acknowledgment of Financial Statements for January 2003 Mayor Bush announced that the Financial Statements for January 2003 are on file in the office of the City Treasurer for review by the Board and public. CONSENT AGENDA The Consent Agenda consisted of the following: Board of Directors Meeting 3 March 3, 2003 at 7:00 P.M. 6 Public Safety Report (February 19, 2003). Item No. 03-026 (Install Four-Way Stop at Seventh and Rector or Reverse Existing Stop Configuration) removed for separate consideration. 7 Proposed Resolution No. R-03-53 Approving Certain Bid Awards. (a) Paving - Public Works [annual supply contract awarded to Martin Marietta]; (b) Security Equipment - Parking Facility [awarded to Richardson Electronics in the amount of $13,027.50]; (c) Powerscreen - Utilities [awarded to McCourt and Sons in the amount of $115,900]; (d) Reel Auggie - Utilities [awarded to Kuhn Knight in the amount of $57,168.70]; (e) Sale of Timber - Utilities; and (f) Lift Trucks - Civic Center [awarded to Grady Jones Company in the amount of $38,451]. 8 Proposed Resolution No. R-03-54 Approving a Certain Street Name and Alley (Greatwood Court and Jackson House Aly). 9 Proposed Resolution No. R-03-55 Accepting a Grant from the Arkansas Department of Aeronautics for Reimbursement of Costs Associated with the 2002 Hangar Roof Repairs at the Hot Springs Municipal Airport. 10 Proposed Resolution No. R-03-56 Accepting a Grant from the Arkansas Department of Aeronautics for Reimbursement of Costs Associated with the 2002 Emergency Runway Electrical Repairs to the Lighting System at the Hot Springs Municipal Airport. 11 Proposed Resolution No. R-03-57 Accepting a Grant from the Arkansas Department of Aeronautics for Reimbursement of Costs Associated with the 2001 and 2002 Construction of a Security Fencing Project at the Hot Springs Municipal Airport. 12 Proposed Resolution No. R-03-58 Appointing M. Gail Ezelle and Charles M. Tapp to the Occupation Tax Board of Review. 13 Proposed Resolution No. R-03-59 Appointing Claudette S. Ford and Phyllis Johnson to the Board of Zoning Adjustment. Board of Directors Meeting 4 March 3, 2003 at 7:00 P.M. 14 Proposed Resolution No. R-03-60 Awarding a Contract for Engineering Services to Crist Engineering (Design of the Final Phase of the MLK Expressway 20-Inch Water Main Project). 15 Proposed Resolution No. R-03-61 Adopting a Permit Fee Schedule of Compost Material; and Repealing Resolution No. 5163. 16 Proposed Resolution No. R-03-62 Adopting a Facility Use Policy for the Downtown Parking Facility; and Repealing Resolution No. 5055. A motion was made by Director Jones, duly seconded by Director Newell, that the Consent Agenda be approved with the removal of Item No. 03-026 (Install Four-Way Stop at Seventh and Rector or Reverse Existing Stop Configuration) of the Public Safety Report; and Board of Directors Meeting 5 March 3, 2003 at 7:00 P.M. 19 Public Hearing on Amending Transportation Code by Adding a Fuel Surcharge This being the time and date set for a public hearing on the Transportation Code by adding a fuel surcharge, Mayor Bush declared the public hearing open. There being no comments, Mayor Bush declared the public hearing open. NEW BUSINESS 6 Public Safety Report - Item No. 03-026 (Install Four-Way Stop at Seventh and Rector or Reverse Existing Stop Configuration) City Manager Kent Myers advised this was a request submitted to the Public Safety Committee by Mr. Sherrod Thompson to install a four-way stop at the corner of Seventh and Rector or reverse the existing stop sign configuration. The Public Safety Committee indicated that the current MUTCD warrants for a four-way stop at this intersection were not met. The committee is recommending that the request be denied. Mr. Sherrod Thompson said he is a resident in the 700 block of Seventh Street, and Rector runs parallel with Hobson from Summer to Third Street. He stated it appears that the traffic is turning off Central onto Hobson he aded toward Jones School to avoid going to Central and Grand. At Jones School, they turn onto Hobson and come up to Third Street, take a right on Third Street and go one block in order to get to Summer and then to Albert Pike. He commented they want the traffic to go to Grand Avenue. However, if the four-way stop is not approved, then reversing the existing stop configuration would take care of their problem. Director Newell questioned what problems it would create if it were made a four-way stop. Deputy City Manager Lance Hudnell advised there have been three accidents in the last four years at this location, and two of those were running the existing stop sign. In evaluating the accident reports, the committee did not feel that reversing the stop sign would have helped the situation. He explained that the committee went with the MUTCD, which has certain warrants. He mentioned that a four-way stop normally is a pre-cursor to a stop light; therefore, there has to be a certain volume of traffic at a particular intersection. He added that the reason for a four-way stop is that motorists cannot get through the intersection when they are on the stopped area Board of Directors Meeting 6 March 3, 2003 at 7:00 P.M. because the traffic never stops coming long enough for motorists to get across, but that is not the situation at this intersection. He added there can also be a four-way stop if there are other extenuating circumstances. He mentioned there is a hill in this area that staff considered, which is one of the reasons they did not go with reversing the stop because staff felt it was working the best it could. He said staff does not recommend going against the warrants in this particular case because of the low traffic volume and low accident rate. He reported the City has requested that the Police Department patrol the area more heavily and to control the cut-thru and speeding. Director Newell stated that residents believe a four-way stop is needed, but he does not dispute that it does not meet the warrants. A motion was made by Director Newell, duly seconded by Director Jones, to install a four- way stop at Seventh and Rector; and upon roll call, the following voted “aye”: Directors Jones, Newell, Wheeler, and Bush, total 4. Voting “no:” Director Weatherford. Absent and not voting: Directors Maruthur and Edwards, total 2; motion carried. 20 Proposed Ordinance No. O-03-22 An ordinance entitled, “AN ORDINANCE VACATING AN UNNAMED ALLEY LOCATED IN SNYDERS SUBDIVISION,” was taken from the agenda for consideration. A motion was made by Director Wheeler, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Jones, duly seconded by Director Wheeler, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Wheeler, and Bush, total 5. Absent and not voting: Directors Maruthur and Edwards, total 2; motion unanimously carried. Whereupon the ordinance was declared passed. 21 Proposed Ordinance No. O-03-23 An ordinance entitled, “AN ORDINANCE VACATING AN UNNAMED ALLEY LOCATED IN GORGE ADDITION,” was taken from the agenda for consideration. Board of Directors Meeting 7 March 3, 2003 at 7:00 P.M.  A motion was made by Director Newell, duly seconded by Director Wheeler, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Wheeler, duly seconded by Director Newell, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Wheeler, and Bush, total 5. Absent and not voting: Directors Maruthur and Edwards, total 2; motion unanimously carried. Whereupon the ordinance was declared passed. 22 Proposed Ordinance No. O-03-24 An ordinance entitled, “AN ORDINANCE AMENDING ARTICLE III (TAXICABS) OF THE TRANSPORTATION CODE (ORDINANCE NO. 4571, AS AMENDED) BY ADDING A FUEL SURCHARGE; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Wheeler, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Newell, duly seconded by Director Wheeler, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Wheeler, and Bush, total 5. Absent and not voting: Directors Maruthur and Edwards, total 2; motion unanimously carried. Whereupon the ordinance was declared passed. A motion was made by Director Wheeler, duly seconded by Director Jones, that the emergency clause be passed; and upon voice vote, the motion unanimously carried. Whereupon the emergency clause was declared passed. 23 Proposed Resolution No. R-03-63 A resolution entitled, “A RESOLUTION APPROVING THE EXTENSION OF MUNICIPAL SEWER SERVICE TO 103 AND 107 TERRYLAND,” was taken from the agenda and read by title only. Board of Directors Meeting 8 March 3, 2003 at 7:00 P.M.  A motion was made by Director Wheeler, duly seconded by Director Weatherford, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, advised that on February 17, the Board approved extension of sewer service to 107 Terryland for Mr. Stanley Dodd. It was also brought to the Board’s attention that Ms. Madeline Fisher, 103 Terryland, was also experiencing sewer problems with a failing septic tank; and the Board’s direction was to submit a resolution at the next meeting approving sewer extensions for 103 and 107 Terryland. He advised that the estimated cost would be approximately $8,500, which is to install the force main needed to provide sewer to both residents and also two grinder pumps (one for each resident). If the neighbors on each side of them elect to connect to these grinder pumps at a later date, each grinder pump will serve two homes so there is some benefit later for other neighbors. He advised that Ms. Fisher is requesting assistance with a $700 sewer connection fee, and staff recommends developing a payment plan for Ms. Fisher with a requirement of a Promissory Note of payment allowing her to pay off the connection fee over a 48-month period. This would add an additional $14 per month to her sewer charge. He pointed out that the resolution will allow the Board to extend the payment plan to 72 months. Mr. Stanley Dodd, 107 Terryland, speaking for Ms. Fisher, said she is 88 years old and has just been widowed. He asked if the City could waive her connection fee. City Manager Kent Myers explained that the proposal before the Board is not to waive it but to set up a payment plan. He added that the City has never waived that fee before, and it would cause a precedent if the City should waive her fee. He added that instead of waiving the fee, staff is recommending that she pay it out. Mayor Bush asked if he thought there would be any problem with the four-year payment plan, and Mr. Dodd replied that he did not believe there would be. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Wheeler, and Bush, total 5. Absent and not voting: Directors Maruthur and Edwards, total 2; motion unanimously carried. Whereupon the resolution was declared adopted. 24 Proposed Resolution No. R-03-64 Board of Directors Meeting 9 March 3, 2003 at 7:00 P.M.  A resolution entitled, “A RESOLUTION ACCEPTING A DONATION OF CERTAIN REAL PROPERTY FROM ENTERGY, INC. FOR A NEIGHBORHOOD PARK TO BE NAMED ENTERGY PARK, SUBJECT TO CERTAIN CONDITIONS,” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers advised this item relates to the two following agenda items. Whatever action the Board takes on this item, staff would recommend similar action on Agenda Item No. 25 (A Resolution Authorizing the Mayor to Execute a Lease Agreement with Entergy Arkansas, Inc. for the Property Known as Carpenter Dam Park and Trailrace Area) and Agenda Item No. 26 (A Resolution Accepting a Donation of a Certain Easement from Tom and Anne Wallace (Entergy Park). If the Board denies Item No. 24, staff suggests that the Board deny Agenda Item No. 25 and Agenda Item No. 26. If the Board approves Agenda Item No. 24, then staff strongly recommends approving Agenda Item No. 25 and Agenda Item No. 26. He stated that the City has been awarded the first phase of grant funding from the State; but in accepting the donation tonight and the grant from the State, the City will assume some major financial obligations over the ne xt five years. He noted that Entergy Park should be considered separate from Humphrey Dairy Park, which is a project the Board will be considering later this year. If the Board wants to move forward on that project, that is an issue that will be referred to the voters later this year. If the Board decides to proceed, that project should stand on its own. Humphrey Dairy should have its own funding source for the improvements and maintenance of that facility. He advised if the Board approves Entergy Park, it will require capital investment of approximately $99,000 a year for the next five years. He emphasized that it will be difficult to do additional capital improvements at the other neighborhood parks. If the Board approves this tonight, it is basically saying the City is going to focus most of the capital improvements over the next five years on this facility. He stressed that it is a major, financial commitment; and it will result in an attractive park development that will be heavily utilized and will be on Lake Hamilton. Ms. Jean Wallace, Director of Parks and Recreation, advised that Entergy, Inc. has finalized the criteria for the donation of $1,327,500 of approximately 30 acres of undeveloped property on the north shore of Lake Hamilton by Carpenter Dam for the purpose of developing a City park. She noted there is a five-year time span; there is a conceptual site development plan Board of Directors Meeting 10 March 3, 2003 at 7:00 P.M. that has been recently developed by the National Resource Conservation Team. She noted there is a Phase IA, IB, 2A, 2B, 3A, and 3B, which will take the City into 2008 for a completed park. She stated that the donation is contingent on the following conditions: (1) the land shall only be used for a public park by the City of Hot Springs; (2) there is a time line in the phases; and (3) several other conditions are mentioned in the Deed, such as acknowledging that the land is located in and comprises a part of Hydroelectric Project No. 271 of the Federal Energy Regulatory Commission; that the use of the land will not e ndanger health, create a nuisance or be incompatible with Project 271, which is Lake Hamilton and Lake Catherine; it will be used for recreational use; and that it will protect the scenic recreation and environmental values. She reported that City Attorney David White has reviewed the Deed and is satisfied with the deed language. As part of the initial donation offer from Entergy, the City must execute a lease with Entergy to operate and maintain Carpenter Dam Park located below Carpenter Dam. The addition of Entergy Park to the parks system will increase Hot Springs park land and open space by 30 acres and decrease the 200-acre average deficiency of park land for a city this size when compared to national standards. It will also build a park in District 6, which currently has no city parks. The Parks and Recreation Advisory Committee recommends acceptance of the property donation from Entergy. She reported there are grant funds available; however, she cannot guarantee the City will receive them but will apply. At 50/50 match, the best case scenario is $250,000; and the worst case is $500,000; but the City has five years to do it. Mayor Bush questioned the $15,000 per year for maintenance costs; and Ms. Wallace advised that maintenance costs associated with leasing Carpenter Dam Park as part of the Entergy Park donation are estimated at $15,000. Mr. Mike Waxler, Chairman of the Parks and Recreation Advisory Committee, expressed appreciation to Entergy for offering this donation, which will provide a neighborhood park in District 6, as well as a park that can be utilized by the rest of the City with access to Lake Hamilton. He urged the Board to accept this donation. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Wheeler, and Bush, total 5. Absent and not voting: Directors Maruthur and Edwards, total 2; motion unanimously carried. Whereupon the resolution was declared adopted. 25 Proposed Resolution No. R-03-65 Board of Directors Meeting 11 March 3, 2003 at 7:00 P.M.  A resolution entitled, “A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH ENTERGY ARKANSAS, INC. FOR THE PROPERTY KNOWN AS CARPENTER DAM PARK AND TRAILRACE AREA,” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Jones, that the resolution be adopted as read; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Wheeler, and Bush, total 5. Absent and not voting: Directors Maruthur and Edwards, total 2; motion unanimously carried. Whereupon the resolution was declared adopted. 26 Proposed Resolution No. R-03-66 A resolution entitled, “A RESOLUTION ACCEPTING A DONATION OF A CERTAIN EASEMENT FROM TOM AND ANNE WALLACE (ENTERGY PARK),” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Wheeler, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers advised that a letter was received today from Tom Wallace, addressed to Mayor Bush, stating that he and his wife want to facilitate this effort by donating an easement they own across the length of this property to the City. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Wheeler, and Bush, total 5. Absent and not voting: Directors Maruthur and Edwards, total 2; motion unanimously carried. Whereupon the resolution was declared adopted. 27 Proposed Resolution No. R-03-67 A resolution entitled, “A RESOLUTION AUTHORIZING PAYMENT FOR WATER LINE OVERSIZING TO MR. DAVID ROSE (NEWTONWOOD SUBDIVISION),” wa s taken from the agenda and read by title only. Board of Directors Meeting 12 March 3, 2003 at 7:00 P.M.  A motion was made by Director Wheeler, duly seconded by Director Newell, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, advised that the developer, Mr. David Rose, of the Newtonwood Subdivision, has submitted a request to the current Utilities Engineer for a reimbursement for the extension of approximately 340 feet of a six-inch water main that the developer installed during the construction of this subdivision for the City’s benefit. At that time, the previous Utilities Engineer had made the commitment to reimburse the developer up to $6,000 for extending this water line and upsizing it from a two-inch to a six-inch. The developer is now asking for reimbursement in the amount $4,703.50. Staff recommends approving this reimbursement, and funds will come from the Water Distribution Capital Improvement Plan for 2003. There is approximately $200,000 budgeted in that line item this year. Director Weatherford stated that the letter refers to the work to be performed by a licensed utility contractor and questioned if it was done by a licensed utility contractor or if Mr. Rose installed it. He stressed if Mr. Rose installed it, he is not in favor of it. Mr. Cochran advised he did not have that information with him; and if the Board wishes, this item can be removed from the agenda and considered at the next meeting, at which time he will have that information. A motion was made by Director Weatherford, duly seconded by Director Newell, that the resolution be tabled until the next meeting; and upon voice vote, the motion unanimously carried. 28 Proposed Ordinance No. O-03-25 Amending the Transient Merchant Regulations by Expanding the Area of Prohibition and Increasing License Fees; and For Other Purposes. (Removed from the agenda and to be considered at the next meeting) 29 Proposed Ordinance No. O-03-26 Board of Directors Meeting 13 March 3, 2003 at 7:00 P.M.  A motion was made by Director Jones, duly seconded by Director Newell, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Wheeler, duly seconded by Director Weatherford, that the ordinance be passed as read. Upon discussion, Mr. Mike Waxler, Chairman of the Parks and Recreation Advisory Committee, stated that the committee supports passage of this ordinance. He added that hiking and biking were recognized as the highest priority in the City’s Parks Master Plan. He advised there is a grant that will be extending the next phase of the Greenway, and Ms. Wallace sometimes feel uncomfortable about whether or not they should be spending time administering such work. He commented it does not mean they will be spending City money on the Greenway by repealing this; but if requests for use of General Funds on the Greenway arise, they will come to the Board. The Board can, on a case-by-case basis, decide whether to use such funds. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Newell, Wheeler, and Bush, total 4. Voting “no”: Director Weatherford. Absent and not voting: Directors Maruthur and Edwards; total 2; motion carried. Whereupon the ordinance was declared adopted. 30 Proposed Ordinance No. O-03-27 An ordinance entitled, “AN ORDINANCE WAIVING REQUIREMENTS OF COMPETITIVE BIDDING FOR AN ANNUAL SUPPLY CONTRACT FOR CERTAIN FIREFIGHTING EQUIPMENT (PROTECTIVE CLOTHING),” was taken from the agenda for consideration. A motion was made by Director Jones, duly seconded by Director Wheeler, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Weatherford, duly seconded by Director Wheeler, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Wheeler, and Bush, total 5. Absent and not voting: Directors Maruthur and Edwards, total 2; motion unanimously carried. Whereupon the ordinance was declared passed. Board of Directors Meeting 14 March 3, 2003 at 7:00 P.M. 31 Proposed Resolution No. R-03-68 A resolution entitled, “A RESOLUTION AUTHORIZING PARTICIPATION BY THE CITY OF HOT SPRINGS IN A JOINT EFFORT TO RETAIN THE FIRM OF WINSTON AND STRAWN TO PERFORM CERTAIN LOBBYIST ACTIVITIES RELATED TO FEDERAL FUNDING FOR THE NATIONAL PARK SERVICE BATHHOUSE RENOVATION PROJECT,” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Weatherford, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers stated that the renovation of the bathhouses is one of the top priorities for the Board this year. He commented this is not the best timing to bring this request to the Board because of recent financial news; however, this is an important effort if the City is to get the bathhouse renovation projects started. Staff has recently met with several local organizations, which are supportive of the efforts to get some action on the bathhouses. To date, $30,000 has been received in funding commitments from three organizations (Chamber of Commerce, GCEDC, and Fifty for the Future); and this is proposed as a partnership. What is requested of the Board tonight is to become one of the partners and fund the lobbying effort in the amount of $20,000. If the Board approves this action, the total lobbying committed is $50,000; and the Board approves this, the contract will be between the lobbying firm and GCEDC. The City would reimburse GCEDC as those costs are incurred. The primary individual devoted to the lobbying efforts would be Beryl Anthony, who is committed and very knowledgeable of the bathhouses. Director Newell said one of the issues that several people have been concerned with is how the lobbying efforts of Mr. Anthony or his firm will be monitored. City Manager Kent Myers advised it is his understanding there will be regular, written progress reports, including all of the contacts that are made and the outcome of those contacts. At least monthly, those reports would be available for the Board. If the Board approves this tonight, several Board Members will be going to Washington, DC next week to meet with Mr. Anthony to get an action plan from him on what he plans to do specifically over the next three or four months. Board of Directors Meeting 15 March 3, 2003 at 7:00 P.M.  Director Newell commented that the City’s share is $20,000; but as far as countywide, it is over $100,000. City Manager Kent Myers advised that the contract will be not to exceed $50,000. He mentioned that Mr. Anthony was reluctant in the beginning to suggest a “not-to- exceed” figure, but Mr. Jay Chesshir, GCEDC, talked with him on the phone Saturday morning; and he committed to not exceeding that figure. He explained that the request tonight is for the Board to fund $20,000 of a $50,000 contract, and Mr. Anthony is willing to do this for the remainder of 2003 for that amount. Mayor Bush stated he believes there will be some accountability, and he was in a meeting with Mr. Anthony and others when he made his proposal. He said not only will he provide the City written reports periodically but also with verbal reports. He stressed that the City will make sure there is accountability. Director Wheeler commented this is a small sum to pay to keep Hot Springs National Park, Arkansas. City Manager Kent Myers added that Mr. Anthony has already made contact with a number of federal agencies and Congressional members regarding this project. Because of the timing in terms of the Appropriations Bills that are under discussion at the present time, he is already involved in that discussion. Director Newell said he did not have a problem with the amount; but anytime the City pays someone hourly, he wants to see how they spend their time. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Wheeler, and Bush, total 5. Absent and not voting: Directors Maruthur and Edwards, total 2; motion unanimously carried. Whereupon the resolution was declared adopted. OTHER BUSINESS 32 Board of Directors Items Director Jones announced that on Thursday, at 6 p.m., Sandra Taylor-Smith, who did the study for the Pleasant Street Historic District, will be in town. They are asking all property owners to be present; and other people are urged to attend who are interested in the Board of Directors Meeting 16 March 3, 2003 at 7:00 P.M. neighborhood. She asked that Director Maruthur, Director Edwards, and City Attorney David White, who are ill, be remembered in everyone’s prayers. 33 City Manager’s Report City Manager Kent Myers gave the following report: 1. On the Consent Agenda, the Board appointed several members to advisory boards and committees: Gail Ezelle and Charles Tapp were reappointed to the Occupation Tax Board of Review; Claudette Ford and Phyllis Johnson were appointed to the Board of Zoning Adjustment. 2. Several weeks ago, the Board authorized several members to go to Washington, DC, next week. There will be meetings on Monday with Senator Pryor and Senator Lincoln; on Tuesday, they will be meeting with Congressman Ross. There will be a series of other meetings; but if the citizens have any issues they would like them to bring up at these meetings, they need to call his office. He noted there are five major items to be discussed during the meetings. Heading the list is the funding for the bathhouses. There will also be discussion on future funding in the downtown area to mitigate some of the rock slide hazards. This is another priority of the Board and is one of Director Maruthur’s priorities. Regarding the FEMA Study that was adopted five years ago, they will be reintroducing that to the people they meet with and hopefully they can identify some future funding to address some of the hazards as far as rock slides in the downtown area. They will also be talking about reauthorization of the Federal Highway Bill, which is coming up for discussion this year. Homeland security will be a major discussion item and hope to start generating some money for Hot Springs and local communities. So far there has been discussion at the federal level but has not seen any of the money in the local communities. That will be a major topic at the National League of Cities meetings, as well as at individual meetings. Another item will be sales tax on internet goods. He said that he believes within the next several years, there will be some sort of national program that the states will buy into where they can begin taxing goods bought over the internet so they compete at an equal level with goods that are sold in the individual communities. Director Jones asked if the homeland security included the block grant, and City Manager Kent Myers advised that it did not. He added that block grant funding will be awaiting the decision regarding whether the City is designated as a metropolitan statistical area. The Bureau of Census is currently evaluating the City’s census information and will be making that determination in May. If the City receives that designation, it will qualify for approximately $300,000 a year in Community Development Block Grant Funds. Board of Directors Meeting 17 March 3, 2003 at 7:00 P.M. 34 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:10 p.m., to meet again on Monday, March 17, 2003, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 18 March 3, 2003 at 7:00 P.M.