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Board of Directors

Regular Meeting

Hot Springs, AR · November 1, 2004

AgendaMinutes

Minutes

MINUTES BOARD OF DIRECTORS MEETING NOVEMBER 1, 2004, AT 7:00 P.M. The regular meeting of the Board of Directors was held on M onday, November 1, 2004, at 7:00 p.m., Board Chambers, City Hall, with M ayor M ike Bush presiding. The invocation was given by M r. Richard Sadowski, and Pledge of Allegiance to the Flag was led by M ayor Bush. M ayor Bush called the meeting to order at 7:00 p.m. 1 Roll Call Roll call was as follows: Present: Directors Peggy Brunner-M aruthur, Elaine Jones, Burt Newell, Carroll Weatherford, Bill Edwards, and M ike Bush, total 6. Absent: Director Bob Wheeler. 2 Approval of Agenda A motion was made by Director Edwards, duly seconded by Director Jones, that the agenda be approved. Upon discussion, City M anager Kent M yers stated that Item No. 16 (Proposed O rdinance No. O-04-61 Amending Ordinance No. 5294 Assessing the Value of Benefits to be Received by the Owners of Each of the Several Lots, Blocks and Other Real Property Within Central Business Improvement District No. 3) needs to be removed from the agenda. The bids were opened on CBID No. 3 on Friday and were higher than what was anticipated. Therefore, the project has been tabled for several months to review the plans and bids. M ayor Bush then called for a vote on the motion to approve the agenda, as amended; and upon voice vote, the motion unanimously carried. 3 Recognition of Guests City M anager Kent M yers presented a retirement plaque to Public Works Director Ron Kohler, havingbeen employed with the City for ten years. M r. Kohler introduced his wife, Barbara, and children Steve and Gail. He stated that the Public Works Department has a good team of people and is well experienced. He expressed appreciation to the Board and City M anager for their support. M r. Richard Sadowski extended an invitation to the Board and the public to the 15th Annual Garland County Prayer Breakfast on M onday, November 8, 2004, at 6:20 a.m., Hot Springs Civic and Convention Center, Horner Hall The keynote speaker will be Dr. Dennis Swanberg. He then read from 2 Chronicles, Chapter 7. M r. Dan Bugg, Chief Animal Control Officer, reported that volunteers spend time taking pets from the shelter to senior citizens in nursing homes and assisted living situations for visitation. He recognized Sheri Endicott, Judy Hocutt, and Alice Simcox for their volunteer services. M s. Hocutt expressed appreciation to M r. Bugg in putting the pet therapy program together and to all of the volunteers in the community. She made a challenge to individuals to take an hour of their week and make a new friend at the nursing homes. CONS ENT AGENDA The Consent Agenda consisted of the following: 4 Public S afety Report (October 20, 2004). 5 Proposed Resolution No. R-04-268 Approving Certain Bid Awards [a] Valve Operator - Utilities (awarded to E. H. Wachs in the amount of $48,507); [b] GPS System - Sanitation (aw arded to Fleet Logistics in the amount of $32,860); [c] M anhole Frames/Covers - Utilities (annual supply contract awarded to Deeter Foundry); [d] Street Striping - Public Works/Traffic (annual supply contract awarded to Time Striping); [e] Pipe, Couplings, Etc.- Utilities (awarded to Hughes Supply in the amount of $10,675.25); and [f] Compost M aterial Grinding - Utilities (annual supply contract awarded to GWG Wood Product). 6 Proposed Resolution No. R-04-269 Authorizing the M ayor to Execute a Lease Agreement with the U. S. Government, Transportation Security Administration (TSA), for Terminal Building Office Space at the Airport. 7 ProposedResolution No. R-04-270 Revising the 2004 Budget by Appropriating Funds for Lease Purchase of Sewer Pumps for the Wastewater System. Board of Directors M eeting 2 November 1, 2004 at 7:00 P.M . 8 Proposed Resolution No. R-04-271 Amending the Financial M anagement Policies, as Adopted by Resolution No. 3841 and Amended by Resolution Nos. 4274 and 4441. 9 Proposed Resolution No. R-04-272 Authorizing the Finance Director to M ake Budget Adjustments to the 2004 Budget. 10 Bu dget Transfer - ($6,000) Electrical and Computer Hook-Up and Light Strand M aintenance at the 2004 Arlington Lawn Holiday Light Display 11 Proposed Resolution No. R-04-273 Approving a Certain Street Name (Randy Court). 12 Proposed Resolution No. R-04-274 Placing a M oratorium on the Adoption of Certain Breeds of Animals (Pit Bull Terriers and Rottweilers and Their M ix). A motion was made by Director Newell, duly seconded by Director Brunner-M aruthur, that the Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors Brunner- M aruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. NEW BUS INES S 13 Appeal of Airborne Flying S ervice M r. Connie M eskimen, attorney representing Airborne Flying Service, stated that M r. Jolly Higdon has been in the air ambulance business at the Airport for over 30 years and has a Cessna 340, which was stored in the City hangar. He noted there are statements from M r. Higdon, M r. M el Brow n, and M r. Al M orvin, Director of M aintenance at the time the damage to the airplane occurred. He stated that on M ay 26, 2004, they pulled the aircraft up to the door; and the pilot, M r. M el Brown, had flown the aircraft and brought it to the front door. The City put it in the hangar, and it came out of the hangar with a large dent in the fuel tank. He then distributed pictures of the aircraft and a golf cart, which matched the crease that is in the wing tank of the aircraft. Also, there is a picture of the golf cart with a white mark on it from the paint of the aircraft. He reported there are several estimates to repair this aircraft, and the lowest one is over $10,000; the other one is approximately $17,000. However, they are not asking the Board tonight for this. He added this does not include the downtime on the aircraft, flying the aircraft to M ena or a location to have the aircraft Board of Directors M eeting 3 November 1, 2004 at 7:00 P.M . repaired, loss of revenue, and the fact that every repair like this has to be documented in a log book. He mentioned when this aircraft is sold, it will be worth less than it was before this repair was made. He said they are asking the City to stand good for the damage that was done by the City to this aircraft. M r. Al M orvin, general manager and Director of M aintenance at that time, stated that the damage was noticed when it was being removed from the City hangar; and it was noticed by one of his mechanics. He went over to the City hangar and saw the marks and signs and assumed it was one of the golf carts. He then walked over to one of the golf carts and saw the sign of a white paint rub that was on one of the corners. He matched the creases on the tank with the golf cart, and the golf carts specifically matched the damages. He stated there were two golf carts in the hangar, and either one of them could have been the cause. He contacted M r. George Downie, Airport Director, who advised him to get a claim form. A couple of weeks later he obtained the first estimate and then went on vacation. M r. Higdon got another estimate, and these estimates were then submitted with a claim form. The adjuster was contacted; and when he was looking at the golf cart and the paint rub, M r. Morvin asked if they needed to take a scraping to have some sort of chemical analysis to match it to the paint on the aircraft. The adjuster said that he had seen all he needed. It was not until four or five weeks later that they received a letter, and the insurance company declared tort immunity. M r. Meskimen pointed out that the airplanes are very heavy and are not operated under their own power into the hangar. The airplanes are placed in the hangar by City employees and brought out using tractors. M r. M orvin commented there is a standard practice of walking around the aircraft before it is moved by any City employee, and the damage was not noticed until after it was pulled out. He added it was in the City’s custody before the damage was noticed and when it happened in the City’s custody is unknown to him. However, it was in the City’s custody when the damage was noticed and when it was brought out. He stressed that the damage specifically matches the golf carts; and there is more than one golf cart, including one that is owned by Airborne, which was looked at by Custard Insurance Adjusters; and there was no sign of any damage. He stated there was only paint transfer on one corner of these golf carts, and there is no other way or no other known item at any airport that was identifiable by the adjuster that could have caused the exact same damage in the exact same spots, height, dimensions and depth. When that was presented to him, he had nothing left to say to refute that. M ayor Bush asked if the plane can be flown with the dent in it, and M r. M orvin replied that it is presently flying. Board of Directors M eeting 4 November 1, 2004 at 7:00 P.M . Director Newell questioned what type of first-party coverage does he have, and M r. M orvin advised there are some insurance coverages but does not know if it would take care of it completely. Director Edwards mentioned it would take a hard hit by a golf cart to make a dent like this, and M r. M orvin stated that he has about 20 years’ experience with the structures; and the aircraft is very light and flexible. He added at altitude, these aircraft grow and shrink because of the differences in temperature changes. They are very flexible and are made out of thin materials because they have to be light. M ayor Bush stated that M r. Downie indicated he thought this damage occurred before it got to the hangar, and M r. M orvin commented that the damage exactly matches a rub from a golf cart. M r. M eskimen advised there is a statement by M r. M el Brown, a pilot for Hi-Tech Engineering, who flew this airplane and delivered it to the City the day before; and he stated there was nothing wrong with the aircraft and had flown it back and did a pre-flight inspection. He noted that Mr. Higdon has been in business for 30 years and spends over $100,000 a year on fuel, etc. and only wants to have the damage repaired that he feels the City did. M r. M orvin said with respect to the damage having happened prior to it being turned over to the City, he submits that the damages are so obvious that when viewed from a distance, someone w ould note that something is wrong. He added that the fact this could have happened to the employees without them knowing is not beyond reason. Director Newell asked if the first-party coverage was submitted, and M r. Higdon said he is not sure he wants to pursue that. He explained if he pursues a damaged aircraft, then his premiums are increased considerably; and he did not want to take that avenue at the time. He said they tried to resolve this issue with M r. Downie and his assistant; and M r. Downie commented that even though it was the City’s policy to inspect each aircraft prior to putting it in the hangar with the tractor and previously to pulling it out, it was not inspected according to the policy. M r. Meskimen stated that M r. Higdon is in the air ambulance business and pays an enormous amount in insurance, which is hard to get for aircraft. He said that M r. Higdon does not want to jeopardize coverage because coverage is hard to get on a highly regulated business by submitting a $10,000 or $12,000 claim on this. City Attorney David White questioned if he submitted the claim to CIA, which to some extent insures the Airport; and M r. M eskimen reported that the claim was submitted to CIA by the Airport. An independent adjuster was hired, and his letter is included in the Board packet denying coverage and offering his conclusion as to the state of the law. Board of Directors M eeting 5 November 1, 2004 at 7:00 P.M . City Attorney David White clarified his conclusion as to the state of the law pointing out that CIA stated they denied the claim as a matter of fact but conclude by saying further that the carrier is also basing its position in part on Arkansas Code Annotated 21-9-301 (tort liability - immunity declared). He said that no insurance company is entitled to tort immunity under that statute, but there is the direct action statute where if a carrier representing a city in a tort case refuses to pay a claim or otherwise settle a claim, then the plaintiff, in this case the Airport tenants, have the absolute right to pursue Custard Insurance Adjusters, Inc. in a court of law for either settlement or trial to collect their damages. He stated that the City is caught in the middle, and his recommendation would be before the City entertains any claim from its tenants that they first pursue CIA more vigorously to see what the reaction is. Hopefully, it will resolve itself once the claim is made with some vigor to CIA. M r. M eskimen stated if the Board takes that action, the City is forcing one of its good tenants at the Airport who brings a lot of money into the Airport to spend legal fees. City Manager Kent Myers questioned why the City would just be presented a letter from the adjus t er and not the actual insurance company. He pointed out that the adjuster makes a recommendation to the insurance company, and the City does not have a final letter of position from the actual insurance company. He asked if the adjuster is just making a recommendation to the insurance representative. City Attorney David White said that it appeared so to him, and the City is instructed by its principal (ACE - Aerospace Planes) to respectfully decline further consideration of the claim for damages presented by M r. Higdon to his 1979 Cessna. He stated the carrier is also basing its position in part on Arkansas Code Annotated 21-9-301 (tort liability - immunity declared). He explained that the direct action statute is designed for this. In regard to the attorney’s fees s ince t his appears to be a contractual case, he said that the plaintiffs, assuming they are successful, are entitled to their attorney’s fees under another Arkansas Statute so they would not be out attorney’s fees in the event they were successful. However, he has no objection to the City making a demand on the carrier that they take a look at this and get a better, more experienced airplane adjuster or seriously consider paying the claim. He questioned the two estimates - (1) approximately $9,000 and (2) $17,000. M r. M eskimen explained these are tip tanks for a wing and are no longer made. Therefore, there are large discrepancies in what it costs to have them repaired. He pointed out if they have to go directly to the insurance company, they are going to be looking for the diminution in value of that aircraft because it will have a log book entry that shows the damage history, and anyone who reviews that will see that the wing tank has been previously repaired. M r. H igdon stated that the difference between the $9,000 and $17,000 is that Yingling Aircraft is a Cessna distributor for Cessna aircraft, and Hampton Enterprises is a repair station in Board of Directors M eeting 6 November 1, 2004 at 7:00 P.M . Arkansas. The tip that was bid by Hampton Enterprises is a used tip off of a used aircraft. The Yingling, in the amount of $17,000, would have to be at their facility and repaired by their facility using Cessna aircraft parts. City Manager Kent M yers pointed out that M r. Downie has done everything properly, and the City has coverage; but the City’s insurance company has denied this claim. If City Attorney David White feels the City should go back to the insurance company and ask them to reconsider, that would be an appropriate action for the Board to consider. City Attorney David White stated this was a careless job of examining this claim through the adjuster. He said that he has heard comments that the adjuster is a tractor/trailer expert and is out looking at wing tanks. He expressed concern with the last paragraph of the CIA letter that asserts toward immunity, which has not been the law in the State of Arkansas for at least 50 or 60 years. He added if the case law was not strong enough, the Legislature passed an Act that made insurance companies directly responsible as a named defendant for denying a claim or otherwise being involved in litigation and especially when they assert this defense because otherwise the City is paying money for no reason. He suggested that the City return to the carrier and make a demand to better examine this and give a detailed explanation of why it was denied. Director Weatherford asked when the damage happened, and M r. M orvin advised that it hap p ened t he last week of M ay when the aircraft was pulled out of the hangar. Director Weatherford asked when they made the claim, and M r. M orvin replied that they made the claim to the City about two months later. Director Weatherford questioned why they waited two months; and M r. M orvin stated that when M r. Higdon was gone, he took care of the initial investigation and waited for him to return. He said he brought the City into the loop immediately and called M r. Downie that morning. Director Weatherford said that he did not understand waiting 60 days later to fill out a claim form. M r. M orvin said he filled out the claim form ten days later after someone had looked at the plane and gave him an estimate, and it had to be flown to another location. Also, M r. H idgon had t o do his research and find out what he wanted to do with the aircraft, the devaluation, what options he has, and shopping for these parts. After M r. Higdon returned and as soon as they got the appraisal from Hampton Enterprises, they went ahead and filed it. He stated there is a time gap, but at no period was there a time when it did not seem to be completely taken care of. M r. Downie advised him to just file a claim, and it will be taken care of. He said they were able to fly it and had other aircraft that was in maintenance, but they could not afford to take the aircraft out of service. City Attorney David White suggested a letter from them to the City requesting that the City submit this claim to the insurance carrier. Board of Directors M eeting 7 November 1, 2004 at 7:00 P.M . M r. George Downie stated that he and M r. Glen Barentine, his supervisor, investigated it the same morning and looked at the same thing and the golf cart. According to the Airport employees, it was parked 15 to 20 feet away. The date they said the airplane was brought over there, M r. Andre Jones parked it in the center of the hangar. When M r. Leonard Williams pulled the plane out, it was parked to the right side, so they are not really sure of the date that the incident occurred. He said that he gave them a claim form and turned it over to the City’s insurance company. He noted they have a golf cart identical to the Airport. The adjuster took that into consideration, and the aircraft is moved back and forth between the two hangars constantly so the insurance adjuster took that into consideration. He said that he filed the claim, and the City pays $15,000 a year insurance coverage. Director Maruthur made a motion, duly seconded by Director Jones, that the Board take the recommendation of City Attorney David White and table this item until the City receives a resolution out of the insurance carrier; and upon voice vote, the motion unanimously carried. City Attorney David White pointed out they still may deny the claim; but from there, the Board will take it off the table for further discussion. 14 Proposed Resolution No. R-04-275 A res olution entitled, “A RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS M UNICIPAL WASTEWATER SERVICE TO 230 TERRYLAND DRIVE,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Brunner-M aruthur, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, reported that a request was received from M r. Bob M asterson, 230 Terryland Drive. M r. M asterson’s septic tank has failed, and he is requestingthat the City provide wastewater service to his property at the City’s expense. Staff has no problem approving the extension but does not support the City’s funding the construction of the wastewater line. The line will consist of 1,300 feet of two-inch pressure force main, ten yards of concrete to repair driveway and grinder pump maintenance fees, wastewater impact fees, and a grinder pump station for a total cost of $12,000. He pointed out that the Board does have flexibility whereby the City may participate in the cost associated with the extension of water and sewer line services when such an extension is in the best interest of the City, the public health or required by federal regulations. He stated that in M arch, all residents on Terryland were surveyed; and this was the only customer at that time and this time who was requesting service. All of the other customers declined being connected to the wastewater system. He noted that at 103 and 107 Terryland, the City ran a sewer line for those people, but they paid for the connection fees and pump stations. Board of Directors M eeting 8 November 1, 2004 at 7:00 P.M . Director M aruthur questioned due to the proximity to the National Park if they can go with a septic tank; and M r. Cochran said that he has referred M r. M asterson to the Health Department because they are more than 300 feet away from an existing public sewer line and do have an option of getting a new septic tank. If they were within 300 feet of an existing sewer line, then the Health Department would not issue a permit for a septic tank. City Manager Kent M yers pointed out that M r. M asterson mentioned to him that the soil is very rocky, and he cannot get a septic to perk right. Director M aruthur said if they are not able to have a septic tank because of the conditions of the topography, then she believes the City should provide for them exactly what it provided for 103 and 107 Terryland. City Manager Kent M yers pointed out that in the case of 103 and 107 Terryland, those did not require much extension. Therefore, they were less expensive than the $12,000 for this one. He said he did not know what the building is appraised at on Terryland but may be $40,000 or $50,000; therefore, the City is paying for a sewer charge that may be 1/4 of what the entire property is worth, and the Board needs to consider that as a factor. M ayor Bush then called for a vote on the motion to adopt the resolution; and upon roll call, the following voted “aye”: Directors Brunner-M aruthur, Jones, Newell, Edwards, Weatherford, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. Whereupon the resolution was declared adopted. Note: Director Maruthur, at the conclusion of the meeting, changed her vote to “aye” on this item. 15 Proposed Resolution No. R-04-276 A res olution entitled, “A RESOLUTION AWARDING A CONTRACT FOR CONSTRUCTION OF A UTILITIES WAREHOUSE M ETAL BUILDING TO TOM M Y M ITCHELL, INC.,” was taken from the agenda and read by title only. A mot ion w as made by Director Jones, duly seconded by Director Edwards, that the resolution be adopted as read; and upon roll call, the following voted “aye”: Directors Brunner- M aruthur, Jones, Newell, Edwards, Weatherford, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. Whereupon the resolution was declared adopted. 16 Proposed Ordinance No. O-04-61 (Amending Ordinance No. 5294 Assessing the Value of the Benefits to be Received by the Owners of Each of the Several Lots, Blocks and Other Board of Directors M eeting 9 November 1, 2004 at 7:00 P.M . Real Property Within Central Business Improvement District No. 3 (Removed from the Agenda). OTHER BUS INES S 17 Board of Directors Items Director Edwards expressed appreciation to the Public Works Department for bushhogging areas that they missed. Director Jones urged everyone to vote tomorrow. City Attorney David White said that he has had a request from Director Brunner-M aruthur to change a vote on Item No. 14 (Approving the Extension of Wastewater Service to 230 Terryland Drive). Under the Board’s rules, any Director may immediately after a vote before the next order of business ask for his or her vote be changed but only so long as the change does not affect the outcome of the vote. In the event the request to change would affect the outcome of the vote, a motion to reconsider consideration by a prevailing member would be appropriate. Director Brunner-M aruthur stated that she would like to change her vote to “aye” on agenda Item No. 14 (Approving the Extension of Wastewater Service to 230 Terryland Drive). City Attorney David White stated if there were no objections, then the record would reflect that the vote is unanimous on Agenda Item No. 14. Director Brunner-M aruthur urged citizens to vote and reminded them to bring their identification and to make sure they know their District No. 18 City Manager’s Report City M anager Kent M yers gave the following report: 1. It was recently reported in the newspaper there was a backlog of delinquent cases in District Court; and in an effort to clear the books, the District Court has announced a new amnesty program that will be starting on November 15 through November 19. During this period, the Court plans to offer reduced payments for contempt of court warrants and for failure to pay and failure to Board of Directors M eeting 10 November 1, 2004 at 7:00 P.M . appear. Following the amnesty period, heavy enforcement of outstanding warrants will be pursued by local and state law enforcement agencies. 2. The City’s first newsletter was sent out last week and is starting to receive feedback from the citizens. If it is well received by the public, staff wants to continue doing this on a quarterly basis. Cit y A t t orney David White reported that he has received positive comments from his residential area. 3. The Board several months ago approved adding restrooms and the police substation to the downtown parking facility. This week the City is planning to get the final construction plans for those improvements and should be recommended to the Board next month. 4. Regarding the Downtown Conference, there have been five different action teams that have been meeting. The final meetings will be held this week in preparation for a meeting to be held on November 9, 2004, at 9 a.m., the Hot Springs Civic and Convention Center. The study action teams will report back on their specific action plan for addressing some of the issues downtown. 5. The Board needs to schedule a budget meeting, and it was the consensus of the Board to meet on November 29, 2004, at 6 p.m. 6. He took a day of vacation on Friday and traveled to Washington, DC, to represent Hot Springs and completed the 26-mile marathon. City Manager Kent M yers introduced M r. Nelson Self, CDBG Administrator, who reported Board of Directors M eeting 11 November 1, 2004 at 7:00 P.M . has sent people to Hot Springs. At this time, they should be submitting a request for community development block grant funding. As of January 1, the City of Hot Springs will be receiving an additional $492,000. The City has gone through a citizen participation process and public hearing p roces s. They are supposedly submitting to the City a request for funding in support of the development at the hotel. However, he has not received that; and they have been given until Friday because on November 15, M r. Raetz will be presenting to the Board the recommendations as far as the budget for $492,000 that will cover fiscal year 2005. City M anager Kent M yers advised that when the City met with Baxter and Brown, they expressed how critical community development block grant funds were to fill the financial gap they had in their project. They wanted to request a certain allocation for CDBG; and they committed to meetingthe City’s schedule, which is this Friday and submit a complete application by then for the City to consider in the 2005 funding program. At this point, the City is doubtful that will happen but needs to give them until Friday. If they do not submit, then he does not believe they will proceed with their project. There is another individual from Little Rock that the City believes would do a good job in putting the project together. M ayor Bush stated there have not been many improvements done to the building; and if something is not done within the next couple of months, then the Board will have to take some action. City Manager Kent M yers stated that staff is receiving similar comments from many people in the community, not only on that building but the Darch and Knickerbocker. The Board will have a retreat in January and have that as a major discussion topic to decide what action will be taken on the National Baptist Hotel, Darch and Knickerbocker Hotels. M r. Self stated this week he will be attending a program that Arkansas Development Finance Authority is sponsoring how to apply for a different source of HUD funds and is called the HOM E Program, which the City previously received. He said there are opportunities in the near future for the City to receive $400,000 a year and possibly up to $800,000 a year in HOM E funds. If the City is in that position, then that takes demand off the Block Grant Program, which at the present time, 60 percent is going to housing rehab. Finance Director Dorethea Yates explained how the monthly financial reports are prepared. She pointed out that this report is not an audited report but is an internal report. She said she is only including the major funds in the report. If the Board feels like it needs more information on the other funds, then she will consider adding that. She then reviewed and explained the format of the report pointing out that this report will be updated monthly. They close the month around the fifth working day of the month so around ten working days after the end of the month, the Board can Board of Directors M eeting 12 November 1, 2004 at 7:00 P.M . expect to receive this repot. She pointed out there have been some questions regarding transfers from one fund to another, and it will set out, month-by-month, what one fund loaned to another. The monthly sales tax report will also be included in this report. She stated if there are other things the Board wants to include in the report, then they should contact her. 19 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:20 p.m., to meet again on M onday, November 15, 2004, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk M ike Bush, M ayor Board of Directors M eeting 13 November 1, 2004 at 7:00 P.M .

Agenda

REGULAR MEETING OF THE BOARD OF DIRECTORS MEETING NO. 20 CITY OF HOT SPRINGS, ARKANSAS MONDAY, NOVEMBER 1, 2004, 7:00 P.M. BOARD CHAMBERS, CITY HALL 133 CONVENTION BOULEVARD In order to ensure fairness to all who wish to be heard, while maintaining orderly and timely meetings, the Board of Directors has established a uniform policy for receiving public input. Anyone wishing to comment on a specific agenda item should place one's name on the sign-up sheet, available at the entrance to the Board Chambers. Comments will be limited to three minutes for each person. Discussion by the Board Members or questions to the person will not be included in this time limit. The Board of Directors request and appreciate your cooperation with these procedures. INVOCATION - Mr. Richard Sadowski PLEDGE OF ALLEGIANCE CALL TO ORDER Order of Page Business Subject Reference BOARD BUSINESS SECTION 1 Roll Call of Board of Directors. N/A 2 Consider Approval of the Agenda. N/A 3 Recognition of Guests. N/A (a) Presentation of Retirement Plaque to Public Works Director Ron Kohler. (b) Mr. Richard Sadowski - Garland County Prayer Breakfast. (c) Presentation of Pet Therapy Hero Award to Cheri Endicott, Judy Hocutt, and Alice Simcox. (d) Other Guests. Order of Page Business Subject Reference Items placed in this section are a matter of routine business which are expected to involve little or no discussion by the Board or the public. The Consent Agenda is usually voted on in mass. However, if any two Directors so desire, individual items may be discussed and/or voted on as a separate matter of business. CONSENT AGENDA SECTION 4 Public Safety Report (October 20, 2004). 5 Resolution No. R-04-268 Approving Certain Bid Awards. (a) Valve Operator - Utilities; (b) GPS System - Sanitation; (c) Manhole Frames/Covers - Utilities (ASC)*; (d) Street Striping - Public Works/Traffic (ASC)*; (e) Pipe, Couplings, Etc. - Utilities (f) Compost Material Grinding - Utilities (ASC)*. *ASC - Annual Supply Contract 6 Resolution No. R-04-269Authorizing the Mayor to Execute a Lease Agreement with the U. S. Government, Transportation Security Administration (TSA), for Terminal Building Office Space at the Airport. 7 Resolution No. R-04-270 Revising the 2004 Budget by Appropriating Funds for Lease Purchase of Sewer Pumps for the Wastewater System. 8 Resolution No. R-04-271 Amending Financial Management Policies, as Adopted by Resolution No. 3841 and Amended by Resolution Nos. 4274 and 4441. 9 Resolution No. R-04-272 Authorizing the Finance Director to Make Budget Adjustments to the 2004 Budget. 10 Budget Transfer - 2004 Holiday Lighting Expense ($6,000). 11 Resolution No. R-04-273 Approving a Certain Street Name (Randy Court). 12 Resolution No. R-04-274 Placing a Moratorium on the Adoption of Certain Breeds of Animals (Pit Bull Terriers and Rottweilers and Their Mix). Order of Page Business Subject Reference NEW BUSINESS 13 Consider Appeal of Airborne Flying Service. 14 Consider Resolution No. R-04-275 Approving the Extension of Hot Springs Municipal Wastewater Service to 230 Terryland Drive. 15 Consider Resolution No. R-04-276 Awarding a Contract for Construction of a Utilities Warehouse, Metal Building, to Tommy Mitchell, Inc. 16 Consider Ordinance No. O-04-61 Amending Ordinance No. 5294 Assessing the Value of Benefits to be Received by the Owners of Each of the Several Lots, Blocks and Other Real Property Within Central Business Improvement District No. 3. OTHER BUSINESS 17 Consider Board of Directors' Items for Discussion and Announcements (no vote). N/A 18 Consider City Manager’s Report. N/A (a) Presentation of CBDG Program Update by Mr. Nelson Self. (b) Presentation of Financial Reports. 19 ADJOURNMENT

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