Board of Directors

MINUTES BOARD OF DIRECTORS MEETING FEBRUARY 7, 2005, AT 7:00 P.M. The regular meeting of the Board of Directors was held on M onday, February 7, 2005, at 7:00 p.m., Board Chambers, City Hall, with M ayor M ike Bush presiding. The invocation was given by M r. Jeff Childs, 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 Elaine Jones, Steve Smith, Carroll Weatherford, Tom Daniel, and M ike Bush, total 5. Absent: Director Peggy M aruthur and Director Bill Edwards, total 2. 2 Approval of Agenda A motion was made by Director Smith, duly seconded by Director Daniel, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of January 18, 2005 Board Meeting A motion was made by Director Jones, duly seconded by Director Daniel, that the minutes of the January 18, 2005 Board M eeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests M ayor Bush presented a M edal of Honor on behalf of the City to firefighter Greg Wilson for his heroic actions during a fire on January 16 at a structure fire at 311 South Street where he placed his life in peril to rescue firefighter Aaron Pierce. City M anager Kent M yers read the circumstances and actions taken in rescuing Fireman Pierce and his assistance in helping Fireman Clint Reynolds exit the building. Also, on behalf of Local 879, Lieutenant Tim Grimes presented a M edal of Honor to Fireman Wilson. CONS ENT AGENDA The Consent Agenda consisted of the following: 5 Public S afety Report (January 19, 2005). 6 Budget Transfer - Replace Lobby Doors at M unicipal Building ($4,585.70). 7 Proposed Resolution No. R-05-31 Approving Certain Bid Awards [a] Truck - Animal Services (awarded to Bale Chevrolet in the amount of $13,973.50); [b] Truck - Parks (awarded to Cavenaugh Chrysler in the amount of $15,217); [c] Truck - Utilities (awarded t o N orth Point Ford in the amount of $17,510); [d] Computer Equipment - Various D ep artments (awarded to Gateway in the amount of $5,064 and Dell in the amount of $32,956.42); [e] Sewer Grinder Pumps - Utilities (annual supply contract awarded to Environment One); [f] Truck - Fleet Service (awarded to Bale Chevrolet in the amount of $14,013.70); [g] Eight vehicles - Police Department (awarded to North Point Ford in the amount of $121,278 and Bale Chevrolet in the amount of $32,185.38); and [h] Television Inspection Truck - Utilities (awarded to Aries Industries in the amount of $95,728). 8 Propos e d Resolution No. R-05-32 Approving Change Order No. 3 with Coakley Construction for Dr. M artin Luther King, Jr. Expressway and Highway 88 (Higdon Ferry Road) Utility Relocations. 9 Proposed Resolution No. R-05-33 Approving Change Order No. 4 with Boyles Construction for the Highway 70 West Utility Relocation Project. 10 Proposed Resolution No. R-05-34 Approving the Extension of Hot Springs M unicipal Water Service to 241 M ountain M eadow Road. 11 ProposedResolution No. R-05-35 Accepting a Capital Assistance Grant from the Arkansas State Highway and Transportation Department for the Purchase of a Transit Bus. Board of Directors M eeting 2 February 7, 2005 at 7:00 P.M . 12 ProposedResolution No. R-05-36 Approving the Application of David and Coleen Hyde, d.b.a. M ajestic Limo Service, LLC, for Three Additional Limousine Licenses. 13 ProposedResolution No. R-05-37 Authorizing the M ayor to Execute a Letter of Intent with the U. S. Corps of Engineers for the Feasibility Phase of the Hot Springs Creek Project. 14 Proposed Resolution No. R-05-38 Approving a Certain Street Name (Kittleberger Court). 15 ProposedResolution No. R-05-39 Designating a “Free-Ride Day” for Hot Springs Intracity Transit; Authorizing Participation in Hot SpringFest; and for Other Purposes. 16 Proposed Resolution No. R-05-40 Requesting that the 85th General Assembly Oppose Adoption of Senate Bill 230 Known as the Water Quality Protection Act of 2005. 17 Proposed Resolution No. R-05-41 Requesting that the 85th General Assembly Support A mendment of A.C.A. §18-11-310 Et Seq. by Extending Immunity from Liability to P rop erty Owners Who M ake Their Property Available for M unicipal Water Supply Purposes. 18 Proposed Resolution No. R-05-42 Requesting that the 85th General Assembly Support Amendment of A.C.A. §5-36-120 (Act 745 of 2001) by Adding Theft of M otor Fuel from Government and Not-for-Profit Organizations. A motion was made by Director Daniel, duly seconded by Director Weatherford, that the Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors Jones, Smith, Weatherford, Daniel, and Bush, total 5. Absent and not voting: Directors M aruthur and Edwards, total 2; motion unanimously carried. Prior to calling for the next order of business, M ayor Bush stated that a request has been made to move Item No. 22 to the first item under New Business. Board of Directors M eeting 3 February 7, 2005 at 7:00 P.M .  NEW BUS INES S 22 Proposed Ordinance No. O-05-16 An ordinance entitled, “AN ORDINANCE AM ENDING THE HOT SPRINGS ANIM AL CODE (ORDINANCE NO. 4940) BY PROHIBITING THE ADOPTION OF PIT BULL TERRIERS AND PIT BULL TERRIER M IXES BY THE ANIM AL SERVICES CENTER; AND FOR OTHER PURPOSES ,” was taken from the agenda for consideration. A motion was made by Director Jones, duly seconded by Director Smith, 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 Weatherford, that the ordinance be passed as read. Upon discussion, City M anager Kent M yers explained this ordinance will not prohibit the breed of pit bulls from the city limits but will only prohibit the adoption of pit bull breeds from the Hot Springs Animal Shelter. M r. Dan Bugg, Chief Animal Services Officer, stated that the people who find the value in this breed of dogcome to the shelter and request pit bulls. He mentioned that he runs into these dogs again within six months either on a cruelty investigation or through the Police Department on a drug bust; and the dogs are malnourished, poor physical condition, and appear to have been fought. He noted that he has looked at screening adopters; but as a governmental entity, the City has to be aware of discriminating against anyone. He added the City has come to the conclusion that it is safer for the breed for the Animal Shelter not to offer them for adoption. He explained if a pit bull terrier is picked up and the owner wishes to reclaim the dog, he/she has the right to do so in a seven-day period. After that period of time if the owner does not reclaim his/her dog, then the dog will not be adopted. Director Daniel questioned what happened after the seven days, and M r. Bugg advised this only deals with stray dogs where the owner is not known. After the seven days, most dogs are available for adoption. Based on how much space they have and the time of the year, they hold the dog as long as possible. P olice Chief Gary Ashcraft advised that they see more and more of these dogs at drug houses, and they are there to protect the drug houses. He stated that his officers have been attacked twice recently when they have hit these drug house and had to shoot one dog a few weeks ago because he attacked an officer. He said from the Police Department’s standpoint, it is a safety issue. Board of Directors M eeting 4 February 7, 2005 at 7:00 P.M .  Dr. David Pruitt was recognized speaking in opposition to the ordinance and stated that according to the United Kennel Club and the American Kennel Club, American Pit Bull Terrier is a pure blood dog that is either American Pit Bull Terrier or Staffordshire Terrier, and they do not distinguish between the two. He said there are dogs in the kennel that look like an American Pit Bull Terrier, and there are dogs that are abused and have been fought. They have aggressive and antisocial dispositions and should be destroyed. He stated there needs to be some way where people can adopt these types of dogs and suggested a mechanism for investigating those who want to adopt. M s. Janet Anderson, 194 Grandstaff, suggested that all dogs adopted by any organization should have some type of a temperament check before they are adopted. In regard to the dogs attackingpolice officers, she noted there would be another large breed that could be trained to attack and would show aggression. She stated that temperament is the main issue, and all large dogs could be trained to become vicious dogs. She said that she believes it is unconstitutional to be breed- specific, especially including partial breeds. M s. Melinda Allen, 106 Watson Street, said she has owned pit bulls for 23 years and pointed out there are larger dogs that could be trained to kill or hurt people. She stressed that it is unfair to single out pit bull dogs and suggested screeners for adoption, and funding may be available through grants. She asked for more time to come up with some creative solutions. D irector Daniel questioned if the meeting that was held on November 30, was the only meeting open to the public. M r. Bugg advised there were two meetings. At the first meeting, they initially discussed the issue. The Hot Springs Kennel Club was present and offered some information. The committee members did some research and met a month later to finalize their decision and recommendations to the Board. Director Daniel asked if there are staff people who can distinguish if a dog is a pit bull, and M r. Bugg advised there is. He added a dog may come in that may have those distinguishing characteristics or color; but before the decision is made that the animal is available for euthanasia because of its type or breed, he will personally go to that animal’s kennel and inspect the animal and make a determination if that dog fits the criteria. Director Jones asked if there was any opposition at the first meeting, and M r. Bugg said the initial concern is the City is selecting this breed because they are a mean breed. He said what he is trying to do is protect this breed from owners who want them for unscrupulous reasons. M r. Lance Garner,140 Canyon Creek Court, suggested checking a person’s criminal background on drug charges. Board of Directors M eeting 5 February 7, 2005 at 7:00 P.M .  Police Chief Gary Ashcraft replied that normally the Police Department knows these people very well, and it does not matter if they check their residence to see if they are clean because they are still going to train those dogs to fight and attack. City Manager Kent Myers stated that the City cannot deny a person from adopting an animal because he/she had a previous conviction. Deputy City Attorney Brian Albright added that when the City starts making decisions based upon their personal activities, then it gets into the realm of discrimination so the decision was made to come before the Board with an ordinance that alleviated that problem. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Smith, Weatherford, Daniel, and Bush, total 5. Absent and not voting: Directors M aruthur and Edwards, total 2; motion unanimously carried. Whereupon the ordinance was declared passed. 19 Proposed Ordinance No. O-05-13 An ordinance entitled, “AN ORDINANCE TO REZONE TO C-3, OFFICE/NEIGHBORHOOD COM M ERCIAL TO INCLUDE A PARCEL OF REAL PROPERTY, LOCATED ON THE EAST SIDE OF 300 BLOCK OF CARPENTER DAM ROAD, ZONED R-2, SUBURBAN RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Daniel, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Jones, duly seconded by Director Smith, that the ordinance be passed as read. U p on discussion, M r. Jerry Raetz, Planning and Development Director, explained this ordinance will rezone approximately 4½ acres located in the 200 block of Carpenter Dam Road. He stated this rezoning request complies with the future land use portion of the Comprehensive Plan. At the public hearing held by the Planning Commission, they recommended that the Board approve this rezoning request. Director Weatherford noted there was opposition to this and asked if there was anyone in favor of it other than the owner of the property, and M r. Raetz advised there was the adjoining property owner on the other side from where the opposition resides. However, he did not state whether he was in favor or opposed to it but was more curious whether this rezoning could possibly Board of Directors M eeting 6 February 7, 2005 at 7:00 P.M . encompass his property. It seemed to be his desire to have his property rezoned as well. He noted there were 12 individuals represented by one speaker at the meeting who were in opposition. The spokesperson was from Karen Street. M r. Mike Hunter, 103 Hunter Creek Lane, said he and another individual have entered into a partnership to purchase this property. They have some plans to enter into a light, office park-type settingwith small offices surrounding the property. A person in partnership with him has intentions of movinghis insurance business into that park; and they are also talking to an endodontist, a doctor, an accountant, and a couple of law firms. He stated that he realizes there are some issues involving the neighborhood which is between them and the highway, and those issues can be addressed due to the fact that the M alvern Overlay District requires substantial rules that makes sure they are not intrusive upon their environment. This is directly across the street from Alliance Rubber Company on Carpenter Dam Road and borders on Piper Lane. City Manager Kent Myers noted no one has signed up to speak in opposition. Following the Planning Commission meeting, he asked if they have met with some of the property owners to address some of their concerns, and M r. Hunter advised that he did. Their concern was that their property values would decrease, and he told them that their values would increase. They were then concerned about increase in their taxes; but unless they are rezoned commercial, their property values will remain at the residential rate. He said that the biggest issue was that they would retain some trees, which is covered under the M alvern Overlay District rules and also put in a privacy fence, which is also covered under the M alvern Overlay District. D irector Smith asked if they are going to have an exit off the back onto Piper, and M r. Hunter replied that is their intentions. M r. Steve Irwin said that he and M r. Hunter are partners, and they had a successful meeting with those who opposed the rezoning. M s. Brenda M eeks said that she and her brother are owners of the property and have been approached by a number of people who wanted to purchase the property. They are concerned that it be developed correctly, and these individuals have had the best plan and the best intended use of the property. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following vot ed “aye”: Directors Jones, Smith, Weatherford, Daniel, and Bush, total 5. Absent and not voting: Directors M aruthur and Edwards, total 2; motion unanimously carried. Whereupon the ordinance was declared passed. Board of Directors M eeting 7 February 7, 2005 at 7:00 P.M . 20 Proposed Ordinance No. O-05-14 A n ordinance entitled, “AN ORDINANCE TO REZONE TO R-3, LOW DENSITY RESIDENTIAL, TO INCLUDE A PARCEL OF REAL PROPERTY, LOCATED ON THE SOUTHWEST SIDE OF 800 BLOCK OF SHADY GROVE ROAD, ZONED R-2, SUBURBAN RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Jones, duly seconded by Director Weatherford, that the ordinance be passed as read. Upon discussion, M r. Jerry Raetz, Planning and Development Director, explained that this ordinance is to develop a single-family subdivision with garden home-style lots and was recommended by the Planning Commission by a unanimous vote. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Smith, Weatherford, Daniel, and Bush, total 5. Absent and not voting: Directors M aruthur and Edwards, total 2; motion unanimously carried. Whereupon the ordinance was declared passed. 25 Proposed Resolution No. R-05-43 A resolution entitled, “A RESOLUTION REQUESTING THAT THE 85TH GENERAL A SSEM BLY SUPPORT AM ENDM ENT OF A.C.A. §14-61-220 (ACT 907 OF 1989) BY PROVIDING OF COMPENSATION OF BOARD M EM BERS BY ORDINANCE,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Weatherford, that the resolution be adopted as read. U p on dis cussion, Director Smith suggested that the resolution be tabled until the next meet ing s ince two of the Directors are absent. A motion was made by Director Smith, duly seconded by Director Jones, that the resolution be tabled for two weeks; and upon voice vote, the motion unanimously carried. Board of Directors M eeting 8 February 7, 2005 at 7:00 P.M . 21 Proposed Ordinance No. O-05-15 An ordinance entitled, “AN ORDINANCE AM ENDING THE HOT SPRINGS SIGN CODE (ORDINANCE NO. 5086) BY ADDING AN EXCEPTION FOR SIGNS LOCATED ON HOT SPRINGS AIRPORT PROPERTY; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Daniel, duly seconded by Director Smith, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Weatherford, duly seconded by Director Jones, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Jones, Smith, Weatherford, Daniel, and Bush, total 5. Absent and not voting: Directors M aruthur and Edwards, total 2; motion unanimously carried. Whereupon the ordinance was declared passed. 23 Proposed Ordinance No. O-05-17 A n ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREM ENT OF COMPETITIVE BIDDING FOR THE PURCHASE OF REPAIR PARTS FOR THE COM POST SCARAB; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Jones, duly seconded by Director Smith, that the ordinance be passed as read. U p on discussion, M r. Don Cochran, Director of Utilities, explained that staff is recommending waiving competitive bidding and approving the purchase of repair parts for the compost scarab totaling$18,474.59. Prior to the improvements to the compost facility, the City used a windrow process; and in that process, the Scarab mixes the material. It sets in the windrows for several weeks and does the composting process. After changing this method during the construction of the compost facility, the City developed a stockpile of sludge from the wastewater treatment process and has been working on the past year to wear away at this stockpile but has not made much progress. He stated that he is requesting the Board allow him to make repairs to the equipment in order to dispense of the stockpile of sludge. Once the repairs are made, then the City will be looking at selling the equipment in nine to ten months unless more time is needed. He advised that the cost Board of Directors M eeting 9 February 7, 2005 at 7:00 P.M . of the repair parts is $18,474.59; and to purchase a new scarab is $220,000 to $230,000. The estimated cost on a used piece of equipment is $133,000. To lease the equipment would be $6,500 to $7,000 per month for a 60-month lease. He also looked at a lease purchase on the new equipment which would be $230,000 at four percent interest for five years and would be around $50,000 per year. If the equipment were sold before repairs were made, the City would receive about $20,000. After repairs are made, the City could receive $30,000 to $35,000 if the equipment were sold later. Director Smith said it appears that in the last six years, the City has put approximately $55,000 into this machine and now another $18,500 is needed for this ten-year old machine, plus labor. He asked if there is a new age of these machines. M r. Cochran advised that the windrow process lent itself to having more odor problems and that is why the City wanted to get away from the windrow process that uses the scarab. He explained that the scarab is now needed to help in gettingcaught up with mixing of the material. Once the City is caught up with that stockpile, it will be able to keep up with the daily production of sludge coming from the wastewater facility with the new equipment that was purchased with the new process (aerated static pile method). If the City w ere looking at continuing the windrow process for a number of years and needed a piece of equipment that is going to last five to ten years, he would recommend purchasing a new scarab; but that is not the case. Director Weatherford commented that for nine or ten months, the Directors are going to start getting phone calls again because that is what caused the smell. M r. Cochran explained that even before the City put the new process in with the roof, they were still using the scarab equipment. However, the City managed the process to where it was only mixing the material during the days when there was no wind or when the wind was blowing away from the residents. He stated the City w ent nine months without any odor complaints before it changed the process by managing the operation better and that is what it intends to do with using the scarab this time. City M anager Kent M yers added if the City allows that sludge to continue standing, eventually it will cause some odor problems on its own. Director Weatherford said if the City is only going to keep it nine or ten months, he does not have a problem with spending the money to repair it. However, he does not want staff returning to the Board in ten months requesting to keep it another six months, and it is broken again and will cost the City more money. M r. Cochran responded that the scarab broke down six or eight months ago. He did not want to spend the money to repair it at that time because he thought they could get caught up with the backlog of material using the process they have. They were using backhoe/front-end loader to mix the material because he did not want to spend $18,000 at that time knowing it was going to be Board of Directors M eeting 10 February 7, 2005 at 7:00 P.M . for a piece of equipment the City is not going to keep. He added the City has done everything possible to get caught up with this stockpile of material and needs this equipment to finish the job. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Smith, Weatherford, Daniel, and Bush, total 5. Absent and not voting: Directors M aruthur and Edwards, total 2; motion unanimously carried. Whereupon the ordinance was declared passed. 24 Out-of-State Travel for Directors to Attend the National League of Cities Conference in Washington, DC in March City Manager Kent M yers stated that every M arch the National League of Cities sponsors a Congressional Cities Conference in Washington, DC. In addition to the seminars and conference sessions on federal funding issues and issues related to federal regulation, City officials have an op p ort unity to meet with federal agencies. They also have an opportunity to meet with their Congressmen, as well as Senator Lincoln and Senator Pryor, in one-on-one meetings, as well as group meetings. He said that Directors Jones, Edwards and Smith have indicated they want to attend. A motion was made by Director Jones, duly seconded by Director Weatherford, to approve out-of-state travel for Directors Jones, Edwards and Smith to attend the National League of Cities Conference in Washington, DC, in M arch; and upon roll call, the following voted “aye”: Directors Jones, Smith, Weatherford, Daniel, and Bush, total 5. Absent and not voting: Directors M aruthur and Edwards, total 2; motion unanimously carried. OTHER BUS INES S 26 Board of Directors Items Director Weatherford commended M r. Don Thomason on his promotion at The Sentinel- Record. He extended appreciation to the Public Works Director Steve M allett and his department, Board of Directors M eeting 11 February 7, 2005 at 7:00 P.M . as well as the Arkansas State Highway and Transportation Department, on the signage for the closing of M cAuley Court and Higdon Ferry Road. Director Jones advised that on Saturday, February 12, P.H.O.E.B.E. will have the annual black history program since this is Black History M onth. The guest will be round table discussion between Nathan Thomason, who is the author of the book Kings, and Fred Palmer, who is a local historian and lifelong resident of Hot Springs, and Scott Hickman, whose father was an FBI agent during the 1920s and 1930s. M r. Palmer, in researching this book, has collected over 1,000 photographs and personal information about people who came to Hot Springs in the 1920s and 1930s. The admission is free and starts at 5:00 p.m., at the Hot Springs Civic and Convention Center. 27 City Manager’s Report City M anager Kent M yers gave the following report: 1. Director Edwards is doing well and is out of the hospital. 2. Immediately following the meeting, he will present the State of the City Report, which has been pre-recorded. There will be other showings during the week. He expressed appreciation to the Directors who participated in the report and asked if the Directors have any new ideas for future reports, to contact him or Terry Payne. 3. A work session has been planned immediately following this meeting. There was a s uccessful work session on February 1 and received good Board direction on several issues, including some of the larger buildings around town. M r. Jerry Raetz, Planning and Development Director, is following up on those and will have a report for the Board. There were about nine items that the Board was unable to discuss, and three new items were added. He pointed out there are two Directors absent tonight; and in looking through the items, four of the items were suggested by those two Board M embers. He suggested that the Board have a work session prior to the Board M eeting on M onday, February 21, from 4:00 p.m. to 6:30 p.m. It was the consensus of the Board to hold the work session on February 21, from 4:00 p.m. to 6:30 p.m. 28 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:00 p.m., to meet again on M onday, February 21, 2005, at 7:00 p.m. Board of Directors M eeting 12 February 7, 2005 at 7:00 P.M . ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk M ike Bush, M ayor Board of Directors M eeting 13 February 7, 2005 at 7:00 P.M .