Board of Directors

MINUTES BOARD OF DIRECTORS MEETING OCTOBER 6, 2003, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, October 6, 2003, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Eleanor Pascaul, 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, Bob Wheeler, and Mike Bush, total 7. 2. Approval of Agenda A motion was made by Director Wheeler, duly seconded by Director Edwards, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3. Approval of Minutes of September 15, 2003 Board Meeting A motion was made by Director Edwards, duly seconded by Director Wheeler, that the minutes of the September 15, 2003 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4. Recognition of Guests City Manager Kent Myers recognized Boy Scout Troop No. 67, and Scoutmaster Zac VanNorman, who recognized members of the Troop. 5. Acknowledgment of Financial Statements for August 2003 Mayor Bush announced that the Financial Statements for August 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 (September 17, 2003). 7. Proposed Resolution No. R-03-228 Approving Certain Bid Awards Pursuant to Ordinance No. 4609 (Purchasing Procedures) [a] Chlorine- Utilities (annual supply contract awarded to Harcros); [b] De-watering Filter - Utilities (reject and rebid); [c] Four Spot Lights - Civic Center (awarded to Stageworks in the amount of $38,084); [d] City Pit - Public Works (annual supply contract awarded to John Jenkins [primary] and Spa City Gravel [secondary]); [e] Cold Milling - Public Works (annual supply contract awarded to Dustrol, Inc. [pri - mary] and C.F. Stocks Excavating [secondary]); [f] Plumbing Service - Public Works (annual supply contract awarded to Sheets Plumbing); [g] Parking Lot Lights - Civic Center (awarded to Treadway Electric in the amount of $10,830.04); [h] Aluminum Sulfate - Utilities (annual supply contract awarded to Bay Chemical); [i] Bath Street Crosswalk - Public Works (reject and rebid); and [j] Street Striping - Public Works (annual supply contract awarded to Time Striping). 8. Proposed Resolution No. R-03-229 Appointing Carole Katchen, Ann May Caruso, Burt Newell, Elizabeth Farris, Davis Tillman, Linda Palmer, Carolyn Taylor, Willie J. Gilbert, and Lovie Roe to the Arts Advisory Committee. 9. Proposed Resolution No. R-03-230 Appointing Dr. Eugene Shelby, Dr. Shane Hardin, Dr. Judy Borland, Dr. Karl Wagenhauser, Dr. Jorge Jiminez, and Dr. Thomas Hollis, Jr. to the EMS Medical Advisory Board. 10. Proposed Resolution No. R-03-231 Approving the Extension of Hot Springs Municipal Water Service to the Evergreen Subdivision. 11. Proposed Resolution No. R-03-232 Awarding a Contract for Construction of a Water Line Relocation on Sunshine Road and Mazarn Creek to Coakley Company, Inc. 12. Proposed Resolution No. R-03-233 Approving a Certain Street Name (Southpark Place). 13. Proposed Resolution No. R-03-234 Authorizing a Free Halloween Bus on October 30 and 31. Consent Agenda continued 14. Proposed Resolution No. R-03-235 Approving the Reimbursement to Second Baptist Church for Upsizing of a Water Line Extension (Highway 70 East). A motion was made by Director Jones, duly seconded by Director Edwards, that the Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. NEW BUSINESS 15. Request from Mr. Morris Cash to Place a Veteran’s Memorial Monument at an Appropriate Public Location A motion was made by Director Edwards, duly seconded by Director Maruthur, that the request be considered. Mr. Morris Cash stated that their request is for a site for the Veteran’s Memorial in the triangle in front of the Hot Springs Civic and Convention Center. However, any downtown area in Hot Springs would be acceptable. He said they plan on spending $300,000 on this memorial and raise another $200,000 to maintain it. They are incorporated as a nonprofit organization in the State and have applied for 501C-3. He added they are selling lapel pins at $5 each and had an anonymous donor to purchase the first 200. He expressed appreciation to City Attorney David White for his efforts. He stated when they receive their 5013-C, they plan to hire an architect. Anyone wishing to con - tact him, may call him at his home (623-7723) or Mid-South Engineering (321-2276). He submitted an artist’s conception by Ms. Nan Merchant, an artist in Hot Springs. He explained that the floor of the interior will be bricks with people’s names on them. Every name on the wall will be veterans of Garland County, and either they joined or were born in Garland County. The bricks on the interior will include veterans who live in Garland County but were not born or did not join here and that brick can be purchased for $100. He said they can make $200,000 by selling the bricks. He stressed that this memorial is for all veterans. City Manager Kent Myers commented that City-owned property in the downtown area would include the Transportation Plaza; City parks, such as Whittington Park, Linden Park or DeSoto Park. Mr. Cash pointed out that in areas of low traffic volume, there is the possibility of vandalism. He noted that this memorial would require a lot 75 feet square. Director Wheeler pointed out that the area at the Civic Center is a helicopter helio pad and said he would assist him in looking for another appropriate location. Mayor Bush suggested that the Board vote to support the memorial and the City work with Mr. Cash and his group in an effort to locate a suitable location that is acceptable with the City and Mr. Cash’s group that is in a high-traffic area. Mr. Jimmy “Red” Jones stated that the federal government has not done everything it has promised for the retired military. He urged the Board to take action and do something for the veterans. Mayor Bush then called for a vote to support the memorial with the City working with Mr. Cash and his group on the specifics as far as a location; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. 16. Proposed Resolution No. R-03-236 A resolution entitled, “A RESOLUTION AWARDING A CONTRACT FOR CONSTRUCTION OF THE WATER PUMP STATION FOR BELVEDERE WATER IMPROVEMENTS PROJECT TO COSSATOT BUILDERS, INC.,” was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Wheeler, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, stated that Garver Engineering was the design engineer on this project; and after reviewing the bids and checking contractor’s references, has recommended Cossatot Builders to perform this work. They were also the low bidder for the pumping station with a bid of $259,385. Along with this item and the other two following resolutions are components of the Belvedere water improvements. He pointed out these improvements not only benefit the Belvedere development, but they will also benefit the water system around the Park Avenue and Ramble areas. Director Edwards questioned if the water that serves the customers gravity flows from the tank, and Mr. Cochran advised that once it is at the tank, then it gravity flows back into the system regardless of the elevation where the customer is located. 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, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 17. Proposed Resolution No. R-03-237 A resolution entitled, “A RESOLUTION AWARDING A CONTRACT FOR CONSTRUCTION OF WATER LINE IMPROVEMENTS FOR BELVEDERE WATER IMPROVEMENTS PROJECT TO COAKLEY COMPANY, INC.” was taken from the agenda and read by title only. Consent Agenda 17. continued A motion was made by Director Wheeler, duly seconded by Director Maruthur, that the resolution be adopted as read. Mr. Don Cochran, Director of Utilities, advised this is another part of the same project and staff recommends awarding the contract to Coakley Construction, which was the low bidder on this portion with a bid of $702,680. He explained there will be a new 16-inch water line that will come down the mountain from the tank into the Belvedere area. There will be some new water lines in the Belvedere area, upsizing to some 8-inch mains; and then there will be a 12-inch main that comes back into the City along Park Avenue, a new 10-inch main that will be feeding off the 12-inch main and come down Ramble. 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, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 18. Proposed Resolution No. R-03-238 A resolution entitled, “A RESOLUTION AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE WATER STORAGE TANK FOR THE BELVEDERE WATER IMPROVEMENTS PROJECT TO BROWN-MINNEAPOLIS MIDWEST, LLC.,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, stated staff recommends awarding the contract to Brown-Minneapolis Tank Midwest, LLC. Garver Engineering designed this tank, and it will be a 300,000 gallon steel, ground storage tank. They were the low bid at $185,762; and Garver Engineering had estimated this portion of the project to be $330,000, which will save a large amount of money on this portion of the project. 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, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 19. Proposed Resolution No. R-03-239 A resolution entitled, “A RESOLUTION AWARDING A CONTRACT TO VARION SYSTEMS FOR THE PURCHASE OF A COMPUT - ERIZED WATER AND WASTEWATER WORK ORDER SYSTEM,” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, advised that staff recommends awarding a contract to Varion Systems for the pur - chase of a computerized work order system to be used for the maintenance management of Water Distribution, Sewer Collections and Lift Station work activities; and total cost of the contract is $66,831. The purpose of the work order system is to provide the City with a basis of ensuring that citizen requests and citizen needs are met and results are recorded in a timely manner. The work order system will provide the department with a tool to efficiently manage resources and preventive maintenance needs for the City’s utilities infrastructure. This project affords an opportunity for solid improvements in the level of service and long-term care of utility assets and will assist the Utilities Department in meeting future EPA requirements related to the Sewer System regarding Capacity Management of Operations and Maintenance. In addition, this also ties to the existing GIS System. There was a total of five vendors who had submitted proposals; and Varion Systems, RJN Group and Hansen were selected for interviews and a demonstration of their software. Through that process, staff believes that Varion Systems will meet all of the needs and requirements the City has for this project. He said this is included in their budget and has the capability to be expanded into other City departments. He added that once a customer calls and reports a problem, it is recorded at that time. The work order is issued to the crew in the field and that data comes back and is entered into the system. Director Edwards asked if they will have laptop computers in the vehicles to receive this information, and Mr. Cochran replied that this sys - tem has the capability to where a crew or crew leader can take a handheld computer, go out into the field; and at the end of every job, he can input how many hours he spent on it, the people who were on the job, the materials he used; and instantaneously that information be downloaded back into the office by that handheld computer. 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, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 20. Presentation of Condemnation Resolutions Mr. Bart Jones, Rehab Administrator, gave a slide presentation on the following condemnation resolutions. 20a. Proposed Resolution No. R-03-240 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (405 GAINES),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20b. Proposed Resolution No. R-03-241 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (220 WAHOO),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20c. Proposed Resolution No. R-03-242 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (122 CARLTON TERRACE),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20d. Proposed Resolution No. R-03-243 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (416 SOUTH PATTERSON),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20e. Proposed Resolution No. R-03-244 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (112 ALDER),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20f. Proposed Resolution No. R-03-245 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (307 TEXAS),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20g. Proposed Resolution No. R-03-246 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (109 SPARTAN PLACE),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20h. Proposed Resolution No. R-03-247 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (229 ORANGE),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20i. Proposed Resolution No. R-03-248 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (437 ORANGE),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. Mr. James Williams spoke in opposition to the condemnation stating he has a business at 430 Orange. He advised that the property at 437 Orange is under a federal bankruptcy, and all of the windows have been boarded and painted. He stated that they will be in state litigation this week against the mortgage holder, who was to have insurance on this property but does not. He stated they go to Bankruptcy Court on October 22. City Attorney David White advised that given the bankruptcy, he would recommend that the Board vote against condemning the property at this time. A motion was made by Director Edwards, duly seconded by Director Maruthur, that 437 Orange be removed from the condemnation list; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared failed. 20j. Proposed Resolution No. R-03-249 (Condemning Certain Real Property Pursuant to Ordinance No. 4623 [701 Silver]) (Withdrawn from agenda) 20k. Proposed Resolution No. R-03-25 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (703 SILVER),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20l. Proposed Resolution No. R-03-251 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (403 MISSISSIPPI),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20m. Proposed Resolution No. R-03-252 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (114 KING),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20n. Proposed Resolution No. R-03-253 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (116 KING),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. There being no one to speak in opposi - tion, the Mayor called for a vote on the resolution; and upon voice vote, the resolution was declared adopted. 20o. Proposed Resolution No. R-03-254 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (509 PLEASANT),” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be adopted as read. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. Mr. Larry Holiman spoke against the condemnation of the property stating that he has the material to begin the rehabilitation of the property, and an individual was to do some work on this property. He mentioned that he went to court today, and the judge gave him two weeks to clean up the debris around his property. He noted that his kitchen and restroom have been torn out, and an individual was going to do all the work, but he has not started on the repairs. He said that he is living in the house at the present time. City Manager Kent Myers asked if there are any utilities in the residence, and Mr. Holiman stated there are no utilities. Mr. Bart Jones advised there is new plywood on the front porch that has been there for six months, but there are no utilities on the structure; and Mr. Holiman has been told that he cannot live in the structure without utilities. He commented if it is condemned, he has 30 days; and if he will get started, the City will work with him. However, the City has been dealing with this for almost a year. Director Jones suggested that he get someone else to do the work if he intends to live there. Director Maruthur asked if he has a number where he can be contacted in case there is someone who is looking for work. Mr. Jones stated that he can get in contact with Mr. Holiman should someone call in. 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, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 20p. Proposed Resolution No. R-03-255 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (102 ESTELLE),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone to speak in opposition to the condemnation. Mr. Steve Pertile, 306 Alcorn, stated that his family owns this property and has tried for several months to get someone to tear down the property. He has been approached by a friend of the family who says there is another party who might be able to do it for them. He said that he is trying to avoid having the City pay for this. He mentioned he would like to get it done in 30 days. 20p. Proposed Resolution No. R-03-255 continued City Manager Kent Myers questioned when the bid for actual demolition would come back to the Board if this condemnation were approved, and Mr. Jones advised that he would try to time that for approximately 30 days. He noted that typically, it is a few days past 30 days before he gets back to the Board to have permission to spend the money. He said that he will be back at one of the Board Meetings in November. Mayor Bush asked if Mr. Pertile could get the property razed in 60 days, and Mr. Pertile said that he would attempt it. City Attorney David White stated that the resolution needs to be amended to reflect that the condemnation will not be effective for 60 days. A motion was made by Director Jones, duly seconded by Director Edwards, that Mr. Pertile be given 60 days to tear down the structure; and upon voice vote, the motion unanimously carried. A motion was then made by Director Wheeler, duly seconded by Director Weatherford, that the resolution be adopted, as amended; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted, as amended. 20q. Proposed Resolution No. R-03-256 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (211 E. MAURICE),” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, City Attorney David White asked if there was anyone to speak in opposition to the condemnation. Mr. Steve Young spoke in opposition to the condemnation noting that this belongs to his grandmother, and he is working on the house at the present time. He stated that the only thing wrong with the property is the front end, and he plans to remove that and rebuild it. He comment - ed that the walls and floors are very stable; and the kitchen will be torn out tomorrow. Mayor Bush questioned how long it will be before this will be brought up to code, and Mr. Young replied that it will take him two to three weeks. Director Edwards questioned if Mr. Young has discussed rehabilitating this property with Mr. Jones, and Mr. Jones advised that the owner came into to get a permit but said he would get it later. He added there is not a current rehab permit on this structure. City Attorney David White questioned the owner of the property, and Mr. Jones replied that it is Mr. Sammy Duckett, uncle of Mr. Young. Mr. Jones explained that Mr. Duckett came in to get a permit but decided he would return later. Mayor Bush questioned how long it would be before action is taken by the City if the City condemns this property, and Mr. Jones advised that it is 30 days before the City could take any action if the owner does not do anything in that 30 days. Director Edwards suggested that Mr. Young talk with Mr. Jones and obtain the proper permit, and Mr. Young said that he will do that tomor - row morning. Mr. Jones stated that staff’s recommendation is to proceed with the condemnation. 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, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 21. Special Public Safety Report (September 17, 2003) Regarding Additional Parking Meters Near the New Courts Building at Ouachita and Orange Streets. A motion was made by Director Jones, duly seconded by Director Weatherford, that the Public Safety Report be approved. City Manager Kent Myers announced that a revised Public Safety Report has been distributed. Upon discussion, Mr. Ron Kohler, Public Works Director, advised there are three changes to the Public Safety Report: (1) there are six meters to be installed on the east side of Orange Street north from Ouachita instead of Quapaw; (2) there are eight meters to be installed on the west side of Orange Street north from Ouachita instead of Quapaw; and (3) five meters are to be installed on Hazel Street on the west side of Hazel Street. In response to Director Edwards, Mr. Kohler advised that he has discussed this with Mr. Smitherman. He said when the City is ready to install the meters, he will meet with him and work out the arrangements for installation of the meters. Director Newell pointed out there is a problem at Hazel and Ouachita going north and south. On Hazel trying to cross, he said people can - not see past the first car on the left, which would be the southwest corner of Hazel. Also, if people are going south on Hazel, then as people look to their left, which is east, people cannot see around the cars. He said that he did not think that was proposed for meters, but the curb needs to be painted back farther. Mr. Kohler stated that staff can look at that from a public safety standpoint. Director Edwards requested that the Public Safety staff committee look at a parking meter, which is between the parking lot driveways at the Garland County Courthouse.  Mayor Bush then called for a vote on the Special Public Safety Report; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. 22. Proposed Resolution No. R-03-257 A resolution entitled, “A RESOLUTION APPROVING THE SALE OF CERTAIN SURPLUS PROPERTY (VERNEL AND WISE STREETS - PART OF PARCEL #51028),” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Ms. Paula Pennington spoke in support of the resolution and the plans to build a home on that property. City Manager Kent Myers asked if Ms. Pennington understood this offer is cash at closing, and Ms. Pennington replied that she did. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Edwards, Wheeler, and Bush, total 6. Voting Ano”: Director Weatherford; motion carried. Whereupon the resolution was declared adopted. 23. Proposed Resolution No. R-03-258 A resolution entitled, “A RESOLUTION REVISING THE 2003 CHRISTMAS HOLIDAY SCHEDULE,” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mayor Bush questioned how many departments will get four hours on Wednesday, December 24, and if the City is paying them for that. City Manager Kent Myers advised that at the agenda meeting, the Directors in attendance suggested leaving it open-ended. He added that the proposal before the Board is to close on Christmas Day and the day after Christmas and close the City offices on Christmas Eve at 12 noon. He stated the departments that will be impacted are all of the nonemergency departments, with the exception of Police and Fire; Sanitation will run its normal routes on Wednesday. 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, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 24. Proposed Ordinance No. O-03-89 An ordinance entitled, “AN ORDINANCE WAIVING REQUIREMENTS OF COMPETITIVE BIDDING FOR CERTAIN COMMUNI- CATIONS EQUIPMENT FOR THE HOT SPRINGS FIRE DEPARTMENT; AND FOR OTHER PURPOSES; AND REPEALING ORDI- NANCE NO. 5205,” was taken from the agenda for consideration. A motion was made by Director Wheeler, 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 Edwards, duly seconded by Director Wheeler, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 25. Proposed Ordinance No. O-03-90 An ordinance entitled, “AN ORDINANCE REZONING TO C-1, CENTRAL BUSINESS, TO INCLUDE LOTS 7, 8, 9, AND 10 AND 11 OF BLOCK 112, AND LOT 11 OF BLOCK 114, AND LOTS 9, 10, 11, AND 12 OF BLOCK 131 OF THE HOT SPRINGS RESERVA - TION, LOCATED ALONG COURT STREET AND PROSPECT AVENUE,” 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 Edwards, duly seconded by Director Wheeler, that the ordinance be passed as read. Upon discussion, Director Wheeler stated that Ms. Martin contacted him opposing the sign for the Andrea Rose on Court Street. Mr. Jerry Raetz, Planning and Development Director explained if this zoning is approved, a sign can be placed there for a business. He added that the owners are making preparations but have not erected a sign at this time. He said from what he understands, they have installed a pole in preparation for it. He explained there is the Sign Code, which stipulates the size of the sign in that zone if this is approved as a commercial district. He said the City is not in the position of compromising with citizens and businesses. He stressed there is a Sign Code that will be complied with, but he would talk with the concerned individual. City Manager Kent Myers stated if any Director does not want commercial signage in this area, then they needs to vote to deny this zoning change. He added with the zoning change, there will be signage in the area. Director Edwards said he had received a call regarding this zoning change and suggested they compromise on the sign size. Director Maruthur expressed concern with this issue and suggested that the ordinance be tabled until the next meeting.  Director Jones questioned if the sign has already been installed. Mr. Andrew Hansen, 216, 218 and 220 Court, clarified there is no sign installed at the present time and never has been a sign. He said the only thing he has done in preparation for this zoning is the installation of five poles. He commented that he has advised those concerned that he will compromise with them but is requesting a 90-square foot sign even though he is allowed 145 square feet. He emphasized that he will discuss this with those concerned and will compromise. Director Jones questioned if decreasing the height of the pole would still block the view, and Mr. Hansen said that it would not. He advised that he plans on installing a five-foot high sign, which will be only one foot off the ground. He said that the concerned individual under - stood that the poles were the actual size of the sign; but as soon as he installs his sign, the poles will be cut back. Director Maruthur questioned the notification process and pointed out this is between residential, the historic area, and CBID. She said she would like to see it developed but has some concerns. Mr. Raetz explained that since this rezoning was sponsored by the Planning Commission, the notification included all of the property owners within the area involved (12 lots) and the property owners within a 200- foot radius of that property. He advised that a public hearing was held, and no citizen spoke to this issue. He stated it was a unanimous rec - ommendation to the Board for the rezoning. Director Maruthur questioned if the notification process included Exchange Street, and Mr. Raetz advised there were individuals on Exchange within that 200-foot radius from the intersection of Exchange and Court Street who were notified. According to the Zoning Code, when it is sponsored by the Planning Commission, they extend the courtesy beyond what the Code requires. Director Maruthur requested that this ordinance be tabled until the next meeting and make sure all issues are cleared up about what this would include. She pointed out that she is not opposed to it but wants to make sure that all of the people are aware of this. Mr. Raetz advised that this is an extension of the Central Business District to include these 12 lots, and anything that would be approved on Central Avenue, Convention Boulevard, and Park Avenue could be approved in this area as well. Director Maruthur asked if it would have to go through the historic district, and Mr. Raetz advised that it would not and is not in any his - toric district. Director Weatherford questioned if this was part of the Quapaw/Prospect Historic District, and Mr. Raetz stated that it was not and is outside their boundary. Director Weatherford pointed out there is nothing on Court Street except for the houses on the hill and is empty behind the Knickerbocker and Darch Hotels. Mr. Raetz pointed out there is a parking lot and a vacant lot. A motion was made by Director Maruthur, duly seconded by Director Jones, that the ordinance be tabled until the next Board Meeting. Upon discussion, City Manager Kent Myers asked if tabling this ordinance for two weeks represents a financial hardship for the property owner; and Mr. Hansen stated they were to have their grand opening on Saturday and are under temporary approval to do business, which was after the unanimous approval by the Planning Commission. In response to Director Jones, Ms. Hansen advised that their business is a day spa and a bed and breakfast inn; and they have started gather - ing the history to submit it to the historical department to get on the national registry. Director Maruthur asked if it would prohibit them from having their grand opening if the Board tabled this ordinance, and Mr. Raetz replied that the inn portion of their business was grandfathered in because this was previously an inn. He commented that particular use had not been discontinued for a 12-month period. Because of that, the accessory use of offering spa facilities to clientele who are staying at the inn is permitted as an accessory use. However, they are not able to advertise or accept spa clientele from the general public because that is not permitted in that particular zone. Director Weatherford questioned the reason for tabling this ordinance, and Director Maruthur replied that she is concerned about a few issues she has discussed with Mr. Raetz. She added that it is between two historic areas; and she wants to make sure that all the provisions are made in this rezoning that are going to enhance the area. Mayor Bush then called for vote on the motion to table the ordinance until the next Board Meeting on October 20; and upon roll call, the following voted “aye”: Directors Maruthur and Jones, total 2. Voting Ano”: Directors Newell, Weatherford, Edwards, Wheeler, and Bush, total 5; motion failed to table. 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, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 26. Proposed Ordinance No. O-03-91 An ordinance entitled, “AN ORDINANCE REZONING TO M-1, LIGHT MANUFACTURING, TO INCLUDE APPROXIMATELY 1.16 ACRES LOCATED IN THE 200 BLOCK OF JOHN OWENS ROAD, A PARCEL OF REAL PROPERTY ZONED R-2, SUBURBAN RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Edwards, 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 AShall the ordinance be passed as read?” and upon motion of Director Edwards, duly seconded by Director Jones,  that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 27. Proposed Ordinance No. O-03-92 An ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 5075 (HOT SPRINGS MANUFACTURED HOME ORDI - NANCE) BY ESTABLISHING AN APPEALS PROCEDURE; AND FOR OTHER PURPOSES,” was taken from the agenda for consider - ation. A motion was made by Director Wheeler, 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 AShall the ordinance be passed as read?” and upon motion of Director Wheeler, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Mr. Jerry Raetz explained that this ordinance has been in effect over a year; and during its implementation and administra - tion, it was discovered there were no means of appealing an administrative officer’s decision or interpretation of this code. The Planning Commission held a public hearing, and any interpretation problem or administration of this particular code can be appealed to the Planning Commission. The appeal process has been limited so that the citizens might want to be aware that this will not open up the City to the placement of manufactured homes. 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, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 28. Proposed Ordinance No. O-03-93 An ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 5158 (HOT SPRINGS ZONING CODE) TO INCLUDE BED AND BREAKFAST AS A CONDITIONAL USE IN R-3, R-4, AND R-L ZONES; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Wheeler, 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 Maruthur, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 29. Out-of-State Travel for Mayor Bush, Director Burt Newell, and Director Peggy Maruthur to Washington, DC. A motion was made by Director Weatherford, duly seconded by Director Jones, that the out-of-state travel for Mayor Bush, Director Burt Newell, and Director Peggy Maruthur to Washington, DC, be approved. Upon discussion, Director Maruthur explained that a group is going to Washington, DC to modify the lease arrangements that are presently in place for the bathhouses and hope to see them developed. Mayor Bush then called for a vote on the motion to approve; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. OTHER BUSINESS 30. Board of Directors Items Director Jones announced there will be a meeting of the Pleasant Civic Street Association on Friday, November 7, 5:30 p.m., at the Webb Community Center. Mr. Jerry Raetz and Mr. Bart Jones will be present to explain the eligibility of the funds to be received next year. On Saturday, November 1, at the lot next to the National Baptist Building, there will be a yard sale. Anyone interested in participating needs to call the Webb Center. There will be a charge for booth space, which will be a donation to Webb Center. Director Maruthur stated she is scheduling a tentative meeting for District No. 1 on October 23, 7:00 p.m., which will be for the eastern por - tion of District 1. The location is to be announced but may possibly be held at the Bates Community Church; however, at the next meeting, she will confirm this. Also, a fund for Paul Anthony Nagey is still open at Regions Bank (Account No. 81-45-23-0306). She pointed out that tonight the Board approved three resolutions over $1 million, which are for the Belvedere and Park Avenue area water improvements. Director Edwards announced that he and Greg Speas are signing up new members for the Hot Springs Lions Club and changing their dues structure to entice younger people. Anyone interested may contact him or Greg Speas. Director Wheeler stated that Mr. Charles Cella, of Oaklawn Park, announced he is committing $6 million to the three-year old racing pro - gram. He requested that a letter of appreciation be sent to Mr. Cella. 31. City Manager’s Report City Manager Kent Myers gave the following report: 1. Under the Consent Agenda, reappointments were approved to the Arts Advisory Committee and the EMS Advisory Board; and a special, free Halloween Bus was approved to be operated on October 30 and 31. 2. Regarding the trip to Washington, DC next week, there will be members from Fifty for the Future, the Chamber of Commerce, Advertising and Promotion Commission, and the City leaving on Wednesday and returning on Thursday. They will be meeting with Fran Mainella, Director of the National Park Service, regarding a number of issues, including the process of hiring a new superintendent, their five-year plan, and specific funding for the bathhouses. They also hope to meet with representatives from the Economic Development Administration. EDA funding is now available for restoring historical buildings for economic development purposes. They will also be meeting with former Congressman Beryl Anthony, who is the City’s lobbyist in Washington, DC, for an update on his efforts to assist the community with the bathhouse renovation. 3. He recognized Mr. Nick Tillman, representing Fifty for the Future. 4. On Tuesday, October 7, 5:30 p.m., at Oaklawn Park, the City will be showing its appreciation to the State Highway Commission. 5. On Tuesday, October 7, at 10 a.m., on Carpenter Dam Road, a groundbreaking event will be held to officially break ground on Entergy Park. 6. On Thursday, October 9, 5 p.m., at the Transportation Depot, there will be a meeting to finalize plans on the Christmas Parade and the Christmas light event in the downtown area. The lights will be turned on two days before Thanksgiving. Mr. Ned Perme, Channel 7 meteor - ologist, has been invited to turn the lights on; but a response has not been received at this time. 32. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:40 p.m., to meet again on Monday, October 20, 2003, at 7:00 p.m.