Board of Directors

MINUTES BOARD OF DIRECTORS MEETING DECEMBER 1, 2003, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, December 1, 2003, at 7:00 p.m., Hot Springs Civic and Convention Center, Wheeler Room, with Mayor Mike Bush presiding. The invocation was given by Ms. Minnie Lenox 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 Brunner-Maruthur, Elaine Jones, Burt Newell, Carroll Weatherford, Bill Edwards, and Mike Bush, total 6. Absent: Director Bob Wheeler. (Note: Director Wheeler entered the Board Chambers at 7:10 p.m.) 2. Approval of Agenda A motion was made by Director Edwards, duly seconded by Director Brunner-Maruthur, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3. Approval of Minutes of November 17, 2003 Board Meeting A motion was made by Director Wheeler, duly seconded by Director Edwards, that the minutes of the November 17, 2003 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4. Recognition of Guests Mayor Bush recognized the following members of the Mayor’s Youth Council for 2003-2004: Andrea Kesterson, Lake Hamilton High School, co-chairperson; Tim Hurley, Lake Hamilton High School; Tazzmin Maxfield, Lake Hamilton High School, secretary; Hallie Dunn, Lake Hamilton High School, publicity coordi- nator; Lance Myers, Hot Springs High School, treasurer; Lauren Webb, Lakeside High School, publicity coordinator; Bob Pellegrino, Lake Hamilton High School, membership committee; Brad Briggs, Lake Hamilton High School, parliamentarian; Jimmie Jacobs, Lake Hamilton High School, senior chairperson. Mayor Bush recognized Ms. Kara Bushkuhl, representative for the Government Finance Officers’ Association of the United States and Canada, who presented the City’s first Distinguished Budget Presentation Award for 2003. She stated that the award is a significant achievement and indicates that the document has been reviewed by independent budgeting professionals, meeting the qualifications and the criteria of a strict program. She noted that in order to receive the award, there are four proficiency areas to be rated: (1) as a policy document; (2) financial plan; (3) an operations guide; and (4) communications medium. It is reviewed by a panel of three reviewers and have to be proficient in all areas by two of the three. She added there are 26 actual criteria, 13 of which are mandatory. Since the inception of the award program in 1984, approximately 900 entities out of more than 4,800 GFOA member cities have won the award. She presented the award to Ms. Linda Baker, Finance Director. Ms. Baker stated this is the first year for the City to earn the award and introduced members of her staff, Ms. Laury Fiorello and Ms. Dorothy Garner. City Manager Kent Myers mentioned that approximately five years ago, there was discussion regarding submission of an application for this award. He stated that the first couple of years, the City was rejected and received some constructive criticism. However, the City has enhanced the budget document every year and is pleased to receive the award since there are very few cities in the state and country that qualify for  this award. He congratulated the Finance Department and Ms. Dorene Duncan, who compiles the paper - work and prepares the graphs and charts for the document. Director Edwards recognized Mr. Wayne Roberts, who has returned to Hot Springs and will be volunteer- ing in the City. 5. Acknowledgment of Financial Statements for October 2003 Mayor Bush announced that the Financial Statements for October 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 (November 19, 2003). 7. Proposed Resolution No. R-03-296 Approving Certain Bid Awards (a) Phone System - Utilities [awarded to S&S in the amount of $15,641.81]; (b) Insurance - Airport and Various Departments [awarded to Roberson and Associates in the amount of $10,500 and First Arkansas in the amount of $5,890] (c) Gazebo for Entergy Park - Parks [rescind award] (d) Gazebo for Entergy Park - Parks [awarded to Diversified Recreation in the amount of $20,211.98] (e) Downtown Crosswalk for Bath Street - Public Works [reject and rebid] 8. Budget Transfer ($2,823) - Arkansas Municipal League Reception. 9. Proposed Resolution No. R-03-297 Extending an Agreement with Spectrum-BAS as the Third-Party Administrator for the City of Hot Springs Self-Funded Employee Group Health Insurance Program. 10. Proposed Resolution No. R-03-298 Extending an Agreement with AVFUEL Corporation to Provide Fuel Services for the Hot Springs Municipal Airport. 11. Proposed Resolution No. R-03-299 Authorizing the Filing of a Grant Application with Arkansans for Drug Free Youth. 12. Proposed Resolution No. R-03-300 Authorizing Execution of an Easement between the City of Hot Springs, Arkansas, and Entergy Arkansas, Inc. across Certain City-Owned Property (City Services Complex). 13. Proposed Resolution No. R-03-301 Extending a Franchise Agreement for the Operation of a Specialty Transit Service (Hot Springs Carriage Company). 14. Proposed Resolution No. R-03-302 Authorizing the Assignment of a Medical Ambulance Services Franchise to Hot Springs National Park Holding, LLC, d.b.a. National Park Medical Center, an Affiliate of Triad Hospitals Inc.; and Repealing Resolution No. 5394. 15. Proposed Resolution No. R-03-303 Approving Change Order No. 1 with Heller Construction for 2003-4 Sewer Improvement Project (Sewer Extension to Morrison Street). 16. Proposed Resolution No. R-03-304 Approving the Extension of Hot Springs Municipal Sewer Service to McClendon Road. 17. Proposed Resolution No. R-03-305 Approving a Change Order with McWane Cast Iron Pipe Company for Central Avenue Water Main Replacement, Phase III. A motion was made by Director Wheeler, duly seconded by Director Brunner-Maruthur, that the Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried.  NEW BUSINESS 18. Proposed Resolution No. R-03-306 A resolution entitled, “A RESOLUTION APPROVING AN AGREEMENT WITH ALL STATES SANITATION FOR THE COLLECTION OF SOLID WASTE WITHIN THE CORPORATE LIMITS OF THE CITY OF HOT SPRINGS, ARKANSAS,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Wheeler, that the resolution be adopt- ed as read; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 19. Proposed Ordinance No. O-03-98 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PROVISION OF GROUP LIFE AND AD&D INSURANCE,” was taken from the agenda for con- sideration. A motion was made by Director Wheeler, 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 car - ried. 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 ordi- nance be passed as read. Upon discussion, Director Edwards requested an explanation of the ordinance; and City Manager Kent Myers explained that every year the City approves the annual provision of group life and accident and dis- ability insurance. This year, staff is recommending providing the insurance through the third-party adminis- trator on the health insurance program (Spectrum-BAS) and will be able to reduce insurance costs $10,000. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 20. Proposed Ordinance No. O-03-99 An ordinance entitled, “AN ORDINANCE LEVYING A SUPPLEMENTAL ANNUAL ASSESSMENT FOR THE CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 2 OF THE CITY OF HOT SPRINGS, ARKANSAS, FOR 2004,” was taken from the agenda for consideration. A motion was made by Director Brunner-Maruthur, 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 unan- imously 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 Brunner- Maruthur, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 21. Proposed Ordinance No. O-03-100 An ordinance entitled, “AN ORDINANCE ACCEPTING CERTAIN STREETS AS PUBLIC STREETS (FAIR- PLAY DRIVE, EAST AND WEST MATLOCK COURT, FAIRPLAY TERRACE, AND LAVON COURT); AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Wheeler, duly seconded by Director Brunner-Maruthur, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unan- imously 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  Edwards, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 22. Proposed Ordinance No. O-03-101 An ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 4531 (PURCHASING ORDI - NANCE) BY ADDING CERTAIN PROFESSIONAL SERVICES; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Wheeler, duly seconded by Director Edwards, that the ordinance be read in full for its first reading; and upon voice vote, the motion unanimously carried. The ordinance was read in its entirety for the first time. The second reading will be held at the December 15 Board Meeting. 23. Claim from Ms. Lillian Hart in the Amount of $3,701.20 A motion was made by Director Wheeler, duly seconded by Director Brunner-Maruthur, that the claim from Ms. Lillian Hart, in the amount of $3,701.20, be approved. Upon discussion, Ms. Hart commented that she has had problems with her neighbors, Ron and Marsha King, explaining that Mr. King and two men were cutting one of her trees; and Officer Rick Johnson responded to the complaint. Officer Johnson informed Ms. Hart that the Kings wanted to cut a small, dead limb on a tree at the back of her lot; and Ms. Hart gave them permission. She stated that Officer Johnson informed them they could cut one dead limb and left the premises. She stated that Officer Johnson had told the King’s to go ahead and cut the tree. Ms. Hart’s son-in-law said that her claim is for matters she had to do based on the information she was given by City employees. He added that she had a new fence installed to separate her from her neighbors; and also a survey was done at that time, plus the damages to the numerous trees that were cut. Police Chief Gary Ashcraft explained that he has been to the location, and there was a limb hanging over her fence close to the neighbor’s house, which is the limb the police officer told them they could cut. He added that it was hanging over their house in a dangerous position, and that is the only limb Officer Johnson told them they could cut. He advised that he has explained the civil process to Ms. Hart, but she does not want to follow that process. Mayor Bush explained that Ms. Hart is asking for $3,701.20 from the City because a neighbor cut her tree. Director Brunner-Maruthur questioned if this was a civil matter, and City Attorney David White explained that it is a civil matter; but she is making a claim for damages against the City in the amount of $3,701.20. Director Brunner-Maruthur asked if this would normally be handled in Small Claims Court, and City Attorney David White said that it would not because it is a tort matter and can be heard only in Circuit Court; Small Claims Court can hear only contract cases. Director Brunner-Maruthur asked if this is the appropriate entity to consider this, and City Attorney David White advised that anyone can make a claim with the City to pay damages if they think the City is some - how involved in causing that damage. City Manager Kent Myers advised that normally claims of this size would be handled at the administrative level by City staff. He explained that staff has handled this and indicated to Ms. Hart that staff has denied the claim. Therefore, this is an appeal on the staff’s decision. Mayor Bush then called for a vote on the motion to approve the claim; and upon roll call, the following voted “aye”: Director Wheeler. Voting “no”: Directors Brunner-Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6; motion failed to approve the claim.  OTHER BUSINESS 24. Board of Directors Items Director Brunner-Maruthur announced that the account for Paul Anthony Nagey, who is in need of some rehabilitation and prosthesis, is still open at Regions Bank, and the Account No. is 81-45-23-0306. 25. City Manager’s Report City Manager Kent Myers gave the following report: 1. Items approved on the Consent Agenda included a bid award for the gazebo at Entergy Park. Phase I of Entergy Park will be dedicated early next year. The gazebo site is on a peninsula of the lake and will be the site of many public events in the future; the Board approved the extension of an agreement with Spectrum-BAS as third-party administrator for the self-insurance program, which has been successful this year. The premiums have not changed for 2004, and there will be improvements in the coverages for employees; the Board approved the Change Order to a contract with Heller Construction for extension of sewer services on Morrison Street; and approved extension of sewer services to McClendon Road. 2. The chili cook-off and Christmas lighting were held on Tuesday night; and Mayor Bush and Mr. Ned Perme, chief meteorologist with Channel 7, turned on the lights. He expressed appreciation to Mr. Tom Daniel in getting everyone organized to raise funds for the Christmas lights and for organizing the chili cook-off, as well as Mr. Jack Hennessee and the Parks staff in getting the lights ready for the ceremony. 3. The Jaycees’ Christmas Parade will be held on Thursday, December 4, 7:00 p.m., from Whittington to Orange Street. 4. The grand opening of the new Summit Arena at the Hot Springs Civic and Convention Center, will be held on Monday, December 8. The Advertising and Promotion Commission members and Board of Directors will be participating in shooting free-throws on the new basketball court beginning at 5:37 p.m. 5. A budget meeting was held last Tuesday night, but the Board has requested to visit some additional ques- tions and concerns regarding the Board Chamber renovation. Following tonight’s meeting, a work ses - sion will be held for an update on the Board Chamber renovation by Mr. Doug Arnold, architect, and Public Works Director Ron Kohler. 26. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 7:50 p.m., to meet again on Monday, December 15, 2003, at 7:00 p.m.