Board of Directors

MINUTES BOARD OF DIRECTORS MEETING August 18, 2003, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, August 18, 2003, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Richard Sadowski, 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 Peggy Maruthur, Elaine Jones, Burt Newell, Carroll Weatherford, Bill Edwards, and Mike Bush, total 6. Absent: Director Bob Wheeler. 2. Approval of Agenda A motion was made by Director Edwards, duly seconded by Director Maruthur, that the agenda be approved; and upon voice vote, the motion unanimously carried 3. Approval of the Minutes of August 4, 2003 Board Meeting A motion was made by Director Jones, duly seconded by Director Edwards, that the minutes of the August 4, 2003 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4. Recognition of Guests Mayor Bush recognized Mr. Richard Sadowski, who extended an invitation to the Board to the 14th Annual Garland County Leadership Prayer Breakfast on Tuesday, September 9, at 6:20 a.m., Horner Hall, in the Hot Springs Civic and Convention Center. The keynote speaker will be Mr. Paul Eells, Channel 7 sports director. There will be no charge to the Directors; but guests will have to purchase tickets, which may be purchased at the door for $20 or $15 if purchased prior to August 30. For further information, individuals may call 767-2366 or visit the website at www.gohotsprings.com/prayer. Director Maruthur announced that she also has tickets available. Mayor Bush reported that Director Wheeler is still in the hospital and is improving. 5. Acknowledgment of Financial Statements for May and June 2003 Mayor Bush announced that the Financial Statements for May and June 2003 are on file in the City Treasurer’s Office for review by the Board and the public.  CONSENT AGENDA The Consent Agenda consisted of the following: 6. Public Safety Report (August 6, 2003) (Item No. 03-115 Prohibiting parking on the north side of Stonebridge). [Removed from the Consent Agenda for separate consideration] 7. Proposed Resolution No. R-03-197 Approving Certain Bid Awards (a) Backhoe - Utilities [rescind award]; (b) Backhoe - Utilities [awarded to J. A. Riggs in the amount of $51,950]; (c) Fire Hose and Hardware - Fire [reject and rebid]; (d) Extension of Rental Equipment - Utilities [awarded to J. A. Riggs in the amount of $9,113]. 8. Proposed Resolution No. R-03-198 Adopting a Cost Recovery Policy for the Property Maintenance Department and Repealing Resolution No. 5000. 9. Proposed Resolution No. R-03-199 Fixing a Time and Date for a Hearing on a Petition to Vacate, Abandon and Close a Portion of an Unnamed Street Located in Iris Subdivision. 10. Proposed Resolution No. R-03-200 Authorizing the Filing of a Grant Application with the Arkansas Forestry Commission for Attendance Costs to the National Urban Forestry Conference in San Antonio, Texas. 11. Proposed Resolution No. R-03-201 Authorizing the Filing of a Grant Application with the Arkansas State Department of Parks and Tourism and Committing Resources of the City of Hot Springs, Arkansas (Entergy Park - Phase II). 12. Proposed Resolution No. R-03-202 Accepting a Grant from the United States Department of Transportation and the Arkansas State Highway and Transportation Department for Public Transportation Grant Assistance Provided Under 49 USC '5303 - Metropolitan Planning Program. 13. Proposed Resolution No. R-03-203 Authorizing the Transfer of a 2001 Blue Bird Bus to First Step School, Inc. 14. Proposed Resolution No. R-03-204 Awarding a Contract to Arkansas Tax Associates, Inc. for an Audit of Sales Tax Payments to the State of Arkansas. 15. Proposed Resolution No. R-03-205 Approving an Agreement with the Garland County Juvenile Court for the Provision of School Resource Officer Funding. A motion was made by Director Jones, duly seconded by Director Edwards, that the Consent Agenda be approved. Upon discussion, City Manager Kent Myers advised that a citizen wishes to speak to an item on the Public Safety Report and suggested that it be removed from the Consent Agenda. City Manager Kent Myers announced that in regard to Item No. 15 (Proposed Resolution No. R-03-205 Approving an Agreement with the Garland County Juvenile Court for the Provision of School Resource Officer Funding), officers are cur- rently at Hot Springs Middle School, Hot Springs High School, Lakeside Middle School, and Lakeside High School. This will be the first year for funding assistance from the County Juvenile Court and the school districts. Mayor Bush then called for a vote on the motion to approve the Consent Agenda, as amended; and upon roll call, the fol- lowing voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. NEW BUSINESS 6. Public Safety Report (Item No. 03-115 Prohibiting parking on the north side of Stonebridge). A motion was made by Director Edwards, duly seconded by Director Maruthur, that the Public Safety Report be approved. Upon discussion, Mr. David Campbell requested that the Board deny the “no parking” on Stonebridge. He suggested that the City leave two or three spaces around the lake and said he has discussed this with the Chief of Police, who said it is fea- sible. Director Maruthur said she has had concerns regarding Stonebridge for several years pointing out that the lights are in dis- repair, and the streets have been included on the paving list for many years. She stated that, technically, the streets belong to the City; and the park belongs to the National Park. She said that she did not want to see the parking reestablished with- out some commitment or steps to upgrade the area. She suggested a meeting with Mr. Campbell and Mr. Roger Giddings, National Park Superintendent, to discuss paving and lights in the area. Mr. Campbell advised that he talked to Mr. Giddings, and the National Park Service owns 30 feet from the center on each side. He noted this would have to be coordinated with the National Park Service for a parking area since it may be on their  property. He asked the Board to reconsider this recommendation. Deputy City Manager Lance Hudnell commented that he spoke to Mr. Giddings today, and they have been looking at this for six months. He said that Mr. Giddings promised that he was going to monitor it along with the City’s patrols and rec- ommend some parking areas, such as what Director Maruthur mentioned. However, for the immediate time, the committee felt there was a need to get the "no parking” established. He noted that the Police Department is having problems monitor- ing the area because there are no signs to indicate “no parking.” He said the feeling is to get the “no parking” established and then return to the Board and establish some parking areas later along the line with Director Maruthur’s suggestions. Police Chief Gary Ashcraft reported that the Police Department is patrolling this area heavily at this time, along with the National Park Service. He reported that he had talked to Mr. Campbell regarding a couple of spaces some distance off Park Avenue, past the lake; but he agrees with Director Maruthur regarding the lighting and the issues that the Park Service needs to address. Director Maruthur asked if the lights would be required by the National Park or the City, and Police Chief Gary Ashcraft stated that it would depend on how far off the road the lighting needs to be, which needs to be reviewed. Mayor Bush then called for a vote on the motion to approve the Public Safety Report to include prohibiting parking on the north side of Stonebridge; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. Mayor Bush stated that the City, the National Park Service, and Mr. Campbell will meet and return with another proposal. 16. Proposed Resolution No. R-03-206 A resolution entitled, “A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY EMERGENCY DWELLING UNIT AT 635 FIFTH STREET PURSUANT TO ORDINANCE NO. 4948,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, Mr. Jerry Raetz, Planning and Development Director, explained there was a fire at the residence located at 635 Fifth Street in February 2003. The property owner at that time opted not to rehabilitate the house and sold it, via con- tract, to some new owners who have purchased a rehabilitation permit. Because of the costs involved, they have requested permission to live at that address to protect their tools, materials, and to reduce their costs in rehabilitating the structure for a period of up to six months. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted "aye": Directors Arthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously car- ried. Whereupon the resolution was declared adopted. 17. Proposed Resolution No. R-03-207 A resolution entitled, “A RESOLUTION ADOPTING CERTAIN REVISIONS TO THE 2003 BUDGET,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Maruthur, that the resolution be adopted as read; and upon roll call, the following voted "aye": Directors Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. Whereupon the resolution was declared adopted. 18. Proposed Resolution No. R-03-208 A resolution entitled, “A RESOLUTION CONFIRMING THE APPOINTMENT OF JEFFREY L. PONDER TO THE ADVERTISING AND PROMOTION COMMISSION," was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Newell, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers advised that the Advertising and Promotion Commission met today and voted unanimously to support Jeffrey Ponder to the Advertising and Promotion Commission by a 5-0 vote. Director Edwards pointed out that this appointment was submitted by the Advertising and Promotion Commission, and the Board confirms the appointment. Director Maruthur expressed concern with the process and said she does not know Mr. Ponder but spoke to him today and received an e-mail from him. She stated that on Thursday, August 14, there was an article in the newspaper that listed four applicants to the Advertising and Promotion Commission (David Johnston, Jeffrey Ponder, Steve Smith, and Tom Wilkins). She commented that the names were not listed in the Board packet; and if there had not been the article in the newspaper,  she would not have known who the other applicants were. She said she has a resumé from Mr. Wilkins and submitted it for the record. She mentioned that Mr. Wilkins has been applying consecutively since 1988 to serve the community and is the past president of Tourism and Sales Manager’s Association, past president of the Hot Springs Tourism Attraction Committee, past president of the Downtown Merchants’ Association, founder of Spa Blast, director of the Messiah, and founder and chairman of the Arkansas Walk of Fame. She said that it was expressed to her that Oaklawn needs some rep- resentation, and it was Mr. Wilkins who wanted to see the Cella Family in the Walk of Fame. He was also the announcer for the Veterans’ Day Parade for three years, voted the Chamber of Commerce Outstanding Redcoat, official spokesperson for Save the Creek (Greenway Project), founder/producer of Libertyfest, began the Bathhouse Row redevelopment, received the Hernando DeSoto Award that was given by the Advertising and Promotion Commission in 1999, and nominated as Hot Springs Man of the Year from the Chamber of Commerce in 2002. She noted this is just a small portion of the recognition and awards of Mr. Wilkins. She questioned why Mr. Wilkins and the others who have tried for 15 or 16 years to get on the Commission are not being considered. Mayor Bush pointed out that the Board does not make that selection but is made by the Advertising and Promotion Commission. Director Maruthur questioned why the Commission selected Mr. Ponder over the other applicants during the interview process; and Mr. Jeff Purnell, Chairman of the Advertising and Promotion Commission, noted that the application she read from Mr. Wilkins, with the list of awards and certificates, was not included in their application process. He said that his deci- sion was based on what he knows of Mr. Ponder, talking with him, and the application he submitted. Director Maruthur pointed out this is not about Mr. Ponder or Mr. Wilkins but about the process and representation for tourism. She questioned what considerations were given with this decision. Mr. Purnell replied that as far as the individual vote, he based it on the knowledge and information he had and his person- al feelings and is sure each commissioner took that same position. He commented there were four applications for the posi- tion, and the commissioners independently made up their own mind. Director Maruthur questioned if the applicants were interviewed, and Mr. Purnell advised that he did not; but he had one applicant call him after the application was submitted advising that he had submitted an application and was available to answer any questions. He added that no one else made that effort. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted "aye": Directors Jones, Newell, Weatherford, Edwards, and Bush, total 5. Voting “no”: Director Maruthur. Absent and not voting: Director Wheeler; motion carried. Whereupon the resolution was declared adopted. 19. Proposed Ordinance No. O-03-77 An ordinance entitled, “AN ORDINANCE WAIVING REQUIREMENTS OF COM- PETITIVE BIDDING FOR THE PURCHASE OF WASTE RECEPTACLES AND MAIN EVENT STAGING FOR THE CIVIC CENTER; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Jones, duly seconded by Director Maruthur, 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 Edwards, that the ordinance be passed as read. Upon discussion, Mr. Gordon Mahoney, Civic Center Manager, advised that these are specialty items; and he wants to keep the waste receptacles the same as in the remainder of the building, which can save about $5,000 by purchasing directly from the manufacturer rather than going through a dealer in Little Rock. Regarding the main events staging, he said those must match what they have in order to mix and match and make a larger or smaller stage with the same under structures and decks. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. Whereupon the ordinance was declared passed. 20. Proposed Ordinance No. O-03-78 An ordinance entitled, “AN ORDINANCE AMENDING THE TRANSIENT MER- CHANT REGULATIONS (ORDINANCE NO. 4509) BY DELETING THE LICENSE FEE EXEMPTION FOR  CRAFTERS; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Edwards, 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 Maruthur, duly seconded by Director Edwards, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. Whereupon the ordinance was declared passed. 21. Proposed Ordinance No. O-03-79 An ordinance entitled, “AN ORDINANCE AMENDING THE BUSINESS LICENSE AND OCCUPATION TAX CODE (ORDINANCE NO. 3836, AS AMENDED), BY REVISING A BUSINESS CLASSI- FICATION DESCRIPTION (TRANSIENT SALES OUTSIDE A PERMANENT STRUCTURE); AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Maruthur, that the rules be suspended and the ordi- nance 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 Edwards, duly seconded by Director Maruthur, that the ordinance be passed as read; and upon roll call, the fol- lowing voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. Whereupon the ordinance was declared passed. 22. Request for Placement of Advertisement Banners on City Light Poles A motion was made by Director Edwards, duly seconded by Director Maruthur, that the request for placement of advertisement banners on City light poles be approved. Upon discussion, City Manager Kent Myers advised that representatives from Sublett Sign Company have made a request to allow the location of approximately 60 banners on the City light poles around the downtown and Civic Center areas. According to the City’s Sign Code, the City has the authority to approve this request; and if the Board approves the request, staff suggests going through a competitive Request for Proposals process to allow other local sign companies the opportu- nity to submit a proposal. Included in the Board packet is an example of how the banner would look and would measure 2 feet x 6 feet. A representative from Sublett Sign stated that regarding the bidding process; this is an idea they submitted and objected to sending out Request for Proposals. He explained that the bottom one-third of the banner would have the advertising. He requested if the Board approves this, that it eliminate the bid process. He mentioned that Sublett Sign would supply the brackets, the banners, and stand behind the banners for the next year. Director Maruthur questioned where the banners would be located, and the company's representative stated the company would meet with representatives from the City to advise them where to install the banners. Mayor Bush pointed out that a letter has been received from the Advertising and Promotion Commission objecting to this request. Director Maruthur asked if the City has control over the top of the banner and was advised that the City will have control over the banner itself and will inform Sublett Sign Company what design the City wants on the top and the bottom third, where the advertising is going, and what they can put on there. Director Maruthur asked if the City will have any control over which businesses the City may not want to promote. City Attorney David White advised that the City would be getting into First Amendment problems, and the City cannot dis- criminate against any business or anyone wanting to advertise on the banners because he did not know how the City could limit in a constitutional manner those that can and cannot advertise. Director Jones questioned why staff denied this request, and City Manager Kent Myers advised there is a possibility the ban- ners would advertise businesses that may not be conducive to tourism; and the general public may resent certain clubs and bars, etc. being advertised on banners on public property. Another consideration is whether or not the banners fit into other investments the City has made in this area. He said if banners is what the Board wants, then the City should take steps to purchase its own banners and install banners around the area. Director Maruthur said that according to the Zoning Code, the City has a responsibility to protect the property values of its investments.  Mr. Dan Sublett, president of Sublett Signs, and S&B Outdoor Advertising and Banners, advised that this is available in other areas but will be the first for Arkansas. He added that these signs will be a benefit for the City. Director Maruthur expressed concern that this would be open for advertising to any business that chose to pay. Mr. Dan Sublett replied that he also denies people billboard space, and there is some advertising that he does not place on the billboards. He stated that he would have control on what is placed on the banners. City Manager Kent Myers pointed out there is a difference between public property and private property, and the City can- not control the content of the advertisement according to the City Attorney. Director Jones questioned if the City would have to send out a Request for Proposals if this is approved; and Deputy City Manager Lance Hudnell said that is staff's recommendation. He pointed out that it is unfair for the individual who had the idea; but from the public policy standpoint, the City will be criticized for dealing with one company and not giving anoth- er one the opportunity, which is the reason for the Request for Proposals. Mayor Bush then called for a vote on the motion to approve; and upon roll call, the following voted “no”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unan- imously failed. OTHER BUSINESS 23. Board of Directors Items Director Jones announced that on Saturday, September 6, at 1:00 p.m., the Pleasant Civic Association will have a meeting at Webb Community Center. On Thursday, August 21, at 6:30 p.m., Ms. Pat Friese has scheduled a neighborhood watch meeting at the library for the area of the El Rancho Motel. Corporal Vicky Flynt will be present to assist and asked that any available City staff be present, as well as the narcotics officers. Director Edwards mentioned that the Charitable Christian Medical Clinic, 133 Arbor Street, sees numerous people twice a month and is operated by volunteers, except for three full-time, paid employees to handle the records, as well as five part- time employees. Their financing comes from churches, companies, memorials and individual sources; and they do not receive funds from any governmental agency. This facility includes 125 doctors, 125 nurses, 26 pharmacists, and 450 addi- tional volunteers with non-medical skills, with volunteer hours exceeding 15,000 in 2002. He pointed out that people can have an appointment to see a doctor even if they do not have insurance and cannot buy their medicine. Director Maruthur added that she had a part in building that clinic, and it was a medical clinic. She pointed out this is a great service to the community, but there is certain criteria; and people have to qualify to get the service. She announced that an account is open at Regions Bank (Account No. 81-45-23-0306) for Paul Anthony Nagey, who is now at home but is in need of rehabilitation and some prosthesis. Director Weatherford announced that September 8 is the District 4 tour. Also, he reminded citizens to vote at the Special Election on August 26. 24. City Manager’s Report: City Manager Kent Myers gave the following report: 1. Early voting is continuing until next Monday, and the Special Election on the 3/8% sales tax will be held on August 26. He received word today that over 200 people have already voted. 2. He commended Finance Director Linda Baker and Dorene Duncan, secretary in the Finance Department, regarding their work on the budget document. He received notice today from the Government Finance Officers’ Association (GFOA) that for the first time, the City won the national award for its budget document. There will be a formal presentation of that award at a future Board Meeting. 3. The City is closing out nominations for advisory committee positions. This coming Thursday is the deadline to apply for the Airport Advisory Committee (one position that needs to be from District 1, 2, 3 or 6); Parks and Recreation Advisory Committee (one position that needs to be from District 2, 3, 4 or 5); and Historic District Commission (two positions that need to be a property or business owner in the Historic District). Ballots will be sent to the Board on Friday. 25. ADJOURNMENT: There being no further business to come before the Board, the meeting adjourned at 8:00 p.m., to meet again on Tuesday, September 2, 2003, at 7:00 p.m.