Board of Directors

MINUTES BOARD OF DIRECTORS MEETING APRIL 18, 2005, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, April 18, 2005, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Dick Holden, 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, Steve Smith, Carroll Weatherford, Bill Edwards, Tom Daniel, and Mike Bush, total 7. 2 Approval of Agenda A motion was made by Director Edwards, duly seconded by Director Maruthur, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of April 4, 2005 Board Meeting A motion was made by Director Daniel, duly seconded by Director Edwards, that the minutes of the April 4, 2005 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Mayor Bush announced that the recognition of new police officers listed on the agenda will be postponed at the request of the Police Chief. CONSENT AGENDA  The Consent Agenda consisted of the following: 5 Public Safety Report (April 6, 2005). 6 Proposed Resolution No. R-05-121 Approving Certain Bid Awards (a) Backhoes - Street and Utilities [awarded to Riggs in the amount of $123,958]; (b) Truck Bodies - Traffic and Utilities [awarded to Davis Trailer and Equipment and Keasler Body in the amount of $13,736]; (c) Compact Pickup - Code [awarded to Little Rock Dodge in the amount of $12,655]; (d) Computer Equipment - Public Information, Human Resources, Finance and Board of Directors [awarded to Dell Marketing in the amount of $11,356.14]. 7 Proposed Resolution No. R-05-122 Awarding a Contract to McLaughlin Engineering, Inc. for Engineering Services Related to the Music Mountain Water Pump Station Improvements. 8 Proposed Resolution No. R-05-123 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Bayshore Estates. 9 Proposed Resolution No. R-05-124 Approving the Extension of Hot Springs Municipal Water Service to Mountain Meadow Road. 10 Proposed Resolution No. R-05-125 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Oakbrook Heights Subdivision. 11 Proposed Resolution No. R-05-126 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Carpenter Park Subdivision. 12 Proposed Resolution No. R-05-127 Awarding a Contract to NRS Engineering for Engineering Services in Developing an Emergency Response Plan, Water Supply Contingency Plan, and Water Withdrawal and Wastewater Discharge Conversion Factor. 2 Board of Directors Meeting April 18, 2005 at 7:00 P.M. 13 Proposed Resolution No. R-05-128 Authorizing the Filing of a Grant Application with the Arkansas Department of Emergency Management for Homeland Security Agreement. 14 Proposed Resolution No. R-05-129 Appointing Ed Tallach and Ida V. Thompson to the Historic District Commission. 15 Proposed Resolution No. R-05-130 Appointing Paul Bosson to the Civil Service Commission. 16 Proposed Resolution No. R-05-131 Appointing Randal Murphy, Cheryl Denton and Bill Hughes to the Parks and Recreation Advisory Committee. 17 Proposed Resolution No. R-05-132 Authorizing the Filing of Grant Applications with the Federal Aviation Administration (FAA) and the State Aeronautics Department for Grant Funds to Reimburse the Airport for Expenses Incurred for Engineering Services to Produce the Airport’s Certification Manual and Emergency Plan. 18 Proposed Resolution No. R-05-133 Awarding a Contract for Engineering Services to Produce an Airport Certification Manual and Emergency Plan. 19 Proposed Resolution No. R-05-134 Authorizing the Filing of a Grant Application with the Arkansas Forestry Commission for Purchase of a Stump Grinder and Travel Expenses to the National Urban Forestry Conference. 20 Proposed Resolution No. R-05-135 Authorizing Revisions to the 2005 Budget (Arkansas Public Employees Retirement System). A motion was made by Director Jones, duly seconded by Director Maruthur, that the Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. PUBLIC HEARING 3 Board of Directors Meeting April 18, 2005 at 7:00 P.M. 21 Public Hearing on Request to Vacate a Portion of Hendricks Street This being the time and date set for a public hearing on a request to vacate a portion of Hendricks Street, Mayor Bush declared the public hearing open. There being no comments, the public hearing was declared closed. 22 Public Hearing on a Petition to Vacate a Portion of an Unnamed Alley in Brown’s Subdivision This being the time and date set for a public hearing on a petition to vacate a portion of an unnamed alley in Brown’s Subdivision, Mayor Bush declared the public hearing open. There being no comments, the public hearing was declared closed. NEW BUSINESS 23 Proposed Ordinance No. O-05-35 An ordinance entitled, “AN ORDINANCE VACATING A PORTION OF HENDRICKS STREET LOCATED IN BLOCK 1 OF THE GAINES ADDITION,” was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Maruthur, that the rules be suspended and the 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 Maruthur, that the ordinance be passed as read. Upon discussion, Mr. Taylor Mannett, 115 First Street, said he was representing the company and supported the ordinance. City Manager Kent Myers informed him they will be required to install a fire hydrant at that location if this is approved; and Mr. Mannett said there were no concerns or problems with that request. 4 Board of Directors Meeting April 18, 2005 at 7:00 P.M.  Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 24 Proposed Ordinance No. O-05-36 An ordinance entitled, “AN ORDINANCE VACATING A PORTION OF A CERTAIN UNNAMED ALLEY LOCATED IN BROWN’S SUBDIVISION,” was taken from the agenda for consideration. A motion was made by Director Daniel, duly seconded by Director Edwards, 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 Maruthur, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 25 Report from Ms. Josie Fernandez, Superintendent of the National Park Service, on the Status of the Bathhouses Ms. Josie Fernandez, Superintendent of the National Park Service, reported that Phase A of the stabilization part of the six bathhouses should be completed by April 29. Phase B, which is the lead abatement, is complete except for the Maurice Bathhouse, and will be completed by the first of June. She advised this deadline is subject to the contractor moving out as scheduled. Phase C is the rehabilitation of the Ozark, Quapaw and Hale Bathhouses, which will start this summer. The Ozark rehabilitation work will be done in-house by the Park Maintenance personnel. The request for bids for the rehabilitation of the Quapaw and Hale will be posted on www.FedBizOpps.gov website for contractors to bid on the project. The contracting request for bids process will be posted on that website on April 25 and will be open for 30 days. Interested contractors wishing to bid for this contract must go to that website to obtain the information they will need. A panel of National Park Service specialists from the Denver office will evaluate all of the bids and hope to start work sometime in July, so the panel will begin the evaluation of all of the bids on June 1, which will be in Denver, Colorado. Soon thereafter, they hope to let out the contract and begin the rehabilitation phase of these three bathhouses. The funding for this phase, $5,075,000, was included in the fiscal year 2005 President’s budget request to Congress. National Park Service Director Fran Mainella announced the President’s Budget when she 5 Board of Directors Meeting April 18, 2005 at 7:00 P.M. visited Hot Springs National Park in January 2004. In July 2004, the National Park Service Development Advisory Board gave approval for Phase D, which is for the Maurice, Lamar and the Superior rehabilitation. President Bush’s budget request to Congress for fiscal year 2006 includes $6,059,000 for this phase. The status of this funding request will not be known until the U. S. House of Representatives and U. S. Senate vote on and approve the Interior Department’s Appropriations Bill and the President signs the bill into law. In December 2004, Hot Springs National Park issued a Request for Proposals to offer the bathhouses for lease under the NPS Historic Leasing Program guidelines. She distributed a copy of the document, which she said is a very legible and understandable document. They issued a Request for Proposals for the leasing of the bathhouses in December; and the deadline is May 31, 2005, at 4:30 p.m. She stated that as of today, there were 50 different entities that were in their active list of entities interested in this project. However, she cannot speak to whether there will be a proposal or not but is confident they will get at least one or two. If they do not, then they will do it again. If they have any proposals on May 31, a panel in Omaha, Nebraska, which is the Regional Office location, will evaluate the proposals and give them authority to begin negotiating with those who have a proposal that is responsive to what this document requests. The panel will consist of National Park Service employees and contracted out advisors who will meet in Omaha, Nebraska. The target time to meet is the second week of June. She mentioned that no one from Hot Springs National Park is scheduled to be on the panel. Depending on the number of responses, they do not expect this process to be completed until mid-July. Director Maruthur said since issuing the Request for Proposals, they posted many walk- through’s over the buildings and logging in on the official list of interested parties. She asked if this is the website to which she had referred, and Ms. Fernandez advised that it is not. She explained since this is a competitive process, whoever is interested in getting a proposal will be sent one. She added as they receive questions from these individuals, and the answers are shared with all of them because everyone has to have the same competitive advantage. She stated those who are interested in leasing may call the Superintendent’s Office to get an RFP at (501) 623- 2824. Director Maruthur commented that the request for bids for rehabilitation of the Quapaw and Hale will be posted on www.FedBizOpps.gov because that is the only way a contractor wishing to bid can obtain the bid. Ms. Fernandez stated that is correct, and anyone who wants to bid on a contract with the federal government has to go to that web page. The official information to bid on this contract will be posted there on April 25. Regarding Phase C, City Manager Kent Myers said this is the rehab of the Ozark, Quapaw and Hale. He questioned the expected completion date for the Quapaw and Hale, and Ms. Fernandez said she could not break it down into that phase versus the other phase; but everything has to be completed by 2007. City Manager Kent Myers asked if this rehab would result in those bathhouses being ready for occupancy other than the tenant improvements. Ms. 6 Board of Directors Meeting April 18, 2005 at 7:00 P.M. Fernandez explained that the rehabilitation Phases C and D will give them bathhouses that are tenant-ready condition. She added a partner of theirs would move in, do the tenant improvements in order to run their business, and proceed from there. She advised if the National Park Service is unsuccessful in leasing the properties, it will have the ability to heat and cool the buildings so they do not fall into anymore disrepair and stabilize them until such a time as they get a good tenant. In response to a question from Director Edwards, Ms. Fernandez stated they do not have to wait until 2007 to negotiate a lease and to give one of the bathhouses to their private sector partner. Director Smith stated that Ms. Fernandez mentioned that over 50 entities are logged in the official list of interested parties. He asked if that is a visit to the website, and Ms. Fernandez replied that it was not and explained there are 50 entities that are actively seeking information and/or coming back to the NPS for another walk-through. Director Smith asked if there have been any proposals submitted, and Ms. Fernandez advised there have not; but the deadline is not until May 31, at 4:30 p.m. She mentioned there is no advantage to being the first one or the last one. In reply to Director Smith regarding a proposal being tied to a specific bathhouse, Ms. Fernandez explained that the proposals of the private partner is for the bathhouse of their choice. She stressed the only proposals they will not consider are for a private residency and a sexually oriented business. Outside of that, they will entertain proposals that are feasible and compatible with the purposes of the National Park Service and Hot Springs National Park. Director Smith expressed concern that no one from Hot Springs is scheduled to serve on the panel. He questioned how can she make her case and the local input for the local decision-making that the City has been led to believe is going to exist. Ms. Fernandez said she apologized if she has led anyone to believe there would be local input in the selection of one of these private partners. She explained the reason why these two things are done outside the purview, even with the National Park Service, is to keep the process very clean. Director Smith said it is now clear there is no local input on the potential leasing of these bathhouses. Ms. Fernandez explained she has input in that she is in agreement that the five items they have listed as the five things the proposal has to meet in order for it to be responsive. She said she will not be part of the panel or anyone from the local park, but they are going to be advisors to the panel. She added that the panel is going to consider if this proposal does nor does not meet the standards. Assuming there are three proposals that want the same bathhouse, they have to narrow it down even more and have to prioritize and negotiate with Proposal A first. If that does not work out, then it is Proposal B and then Proposal C. Director Smith asked if the deadline comes and goes on May 31 and there are no proposals, do they immediately open a window for more proposals or is there a wait. Ms. Fernandez stated she does not want to wait too long. She added if they do not have any proposals on May 31, chances are in three or six months, they will regroup and get back with their task force and dissect what went wrong. 7 Board of Directors Meeting April 18, 2005 at 7:00 P.M.  Mayor Bush said that he can understand why the locals such as Ms. Fernandez and Mr. Dale Moss will not have a part in the selection process. He commented it is not who is included but who is excluded, and Ms. Fernandez said the fact that she is not included in her own process for the park does not mean she is not included in other processes on behalf of the National Park Service. Mayor Bush asked how Omaha was informed of the economic development of one of these projects, and Ms. Fernandez advised that one of the critical points the proposal has to answer is what is their business plan, such as who is going to manage it, how many people are they going to hire, what is the payroll, and how much money do they have in the bank to get started. She added that the people in Omaha and the Park Service in its entirety are aware that anything they do in the national park service at any location has an economic impact in the surrounding communities of the parks where they exist. She stated that one thing that is clear is that the National Park Service has taken too long in opening up the bathhouses and suggested that the City send some tax incentives to these potential business partners. City Manager Kent Myers advised that the State of Arkansas does not allow tax incentives. Mayor Bush stated that the City looks forward to the bathhouses being occupied. 26 Request from Ms. Dorothy Flurry Regarding Water and Sewer Hook-Up Fee Mr. Billy Flurry, 202 Trivista Left, stated he and his wife, Dorothy, recently moved a home to 230 Vineyard Street. He said when his wife went to get the permit to move the house, she was told the sewer hookup would be $75 to $500. However, when the plumber applied for the permit, he was given a price of $1,445 to hook up the sewer with the water being another $600. He said that he understood a few years ago there was a new service that ran through this area where all of the properties were hooked up with new sewer lines, but this property was not hooked up. He said they are asking for some type of adjustment since the new systems were run, and this property was excluded. Director Edwards commented that he looked at this property and saw the pipe to which he was referring. Later, Mr. Don Cochran, Utilities Director, did some research and found out that the pipe does not go to the main line, which was replaced in the 1990's. Director Maruthur asked if he was familiar with the City’s policy, and Mr. Flurry said they are familiar with what Mr. Cochran told them. Director Maruthur stated the Board makes 8 Board of Directors Meeting April 18, 2005 at 7:00 P.M. policy and upholds the policy that was passed. She commented it was her understanding they have moved this house to that location and questioned if it was income property, and Mr. Flurry advised that it was. Director Maruthur asked when he learned of the charge on the water and sewer, and he said it was during the last month. Director Maruthur asked when he decided to move the homeowner to this location, and Mr. Flurry said it was prior to that. He added that the house was moved a couple of months and is waiting for final hookup. She asked if he moved it before he learned of the city policy, and Mr. Flurry said that he did. Mr. Don Cochran, Utilities Director, reported that this property was a vacant lot; and City staff researched when the sewer line was replaced, which was in 1998 as part of the Inflow and Infiltration Program. He said it is not the City’s practice to restore service to vacant lots if there is no structure there. He added whenever the City replaces a sewer line or water main in a street, it reconnects the existing structures. Even if a structure was vacant and it had water and sewer service there, the City would restore those services. However, if there is a vacant lot with no structure on it or no evidence there was ever a structure there, the City would not put a service to those vacant lots, which is the case with this piece of property. He advised it was his understanding there was a house there many years ago that had burned down, but there was never anything reconstructed at the location. In the 1990's, the City went through with water and sewer lines that were replaced and did not run a service for that lot because there was no structure there. Also, the City did not run water or sewer service to any other vacant piece of property in that area. In that particular area, on Richard and Leonard Streets, there are new homes; and all of them had to buy water and sewer services. He pointed out that the City did not ask the Flurry’s to do anything it has not asked others to do. Director Edwards asked if the main sewer line is on the south side of Vineyard Street, and Mr. Cochran said it is on the opposite side of the street of where this lot is located. He explained that part of the $1,445 was for a street cut and restoration of pavement, which was basically $370. He added that $75 of the $1,445 is for the permit fee; $500 was for the wastewater impact fee; the connection to the manhole, which was the nearest point they could connect to, was $500 for the City to make that connection. Director Jones asked how he found out there was a house there, and Mr. Cochran said that the Flurry’s told him. In reply to Director Weatherford, Mr. Cochran advised that the City would not put a service there if there is an empty lot. He added the purpose of the I&I Program is to reduce the inflow and infiltration of storm water into the system. He explained if the City ran a service to every vacant lot, that is just another hole opened up for a potential point for ground water to get into the sewer system taking up the capacity that is needed. As it goes downstream, the more 9 Board of Directors Meeting April 18, 2005 at 7:00 P.M. money it takes to pump that storm water to the treatment plant and that storm water has to be treated. Director Daniel said service would still be going to the main line when the City installed the new line in 1998 and questioned if it would have been disconnected because the lot was vacant. Mr. Cochran replied if the lot was vacant and the service was abandoned and there was nothing there to serve that lot, the City would not have reconnected it. Director Jones asked which would be the most expensive for the City, and Mr. Cochran advised that it would be the manhole connection and restoring the pavement. If the City does the manhole connection, it would have to cut the street and restore it; therefore, they have to go together. He stated it would be $500 for making the connection to the manhole, which is across the street so when the City digs up the street to make that connection, the street restoration has to follow, or there will be a large hole in the street A motion was made by Director Edwards that the City make the street cut and extend the line across the street to the manhole to the property line at no cost to the Flurry’s. There being no second to the motion, the motion died for lack of a second. 27 Proposed Resolution No. R-05-136 A resolution entitled, “A RESOLUTION GRANTING DIXIE RESTAURANTS, INC. (DIXIE CAFÉ) A VARIANCE TO THE REQUIREMENTS OF THE HOT SPRINGS GREASE TRAP ORDINANCE (ORDINANCE NO. 5111),” 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. Upon discussion, Mr. Don Cochran, Utilities Director, advised that the Dixie Café, at 3623 Central Avenue, has made a request for a variance to the City’s Grease Trap Ordinance. The Utilities Pretreatment Coordinator, Dennis Brunson, has inspected the restaurant’s current grease trap and found it to be out of compliance with the City’s ordinance. In October 2004, the grease trap was overwhelmed with grease and spilled onto the parking lot, at which time the City gained knowledge of the problem. At that time, they were put on notice and have exceeded their time to come into compliance. When the City sent the last notification, they asked to appear before the Board. They were notified of the meeting tonight, but no one is present from the Dixie Restaurants. 10 Board of Directors Meeting April 18, 2005 at 7:00 P.M.  Director Smith commented that a certified letter was sent on October 12, 2004, but the City did not receive a response until April 6, 2005. Mr. Cochran said that the City was giving them a six-month notification. Director Smith pointed out there was a letter addressed to Mr. Brunson, dated April 6, 2005; and they used the six months and did not respond. He noted they are not present tonight and are out of compliance. Mr. Cochran replied that is correct. Director Maruthur stated that according to a memo from Mr. Brunson, it states that Utilities personnel informed him of a stoppage in the area; and they noticed the grease trap was overflowing onto the parking lot and running into the nearby ditch. She pointed out in the Grease Trap Ordinance, the purpose and policy is to prevent the discharge of fats, oil and grease, flammable substances and other harmful wastes into the collection system and wastewater treatment facility of the City of Hot Springs and lists the four reasons why. She advised that the City Attorney gave her the papers on the variances, and it mentions the burden of proof and standing for a variance. On the land use and practice form, she said it states that confusion has existed regarding the nature of the variance and its essential distinction from the special exception or conditional use. She pointed out this is not a conditional use and does not believe the Board has the authority to grant a variance for a public safety issue. Mr. Cochran commented that the ordinance was adopted by the Board, and the Board is the only body that can change the ordinance. Director Maruthur questioned the Arkansas law on this issue, and City Attorney David White advised that the Board has no authority to substitute, change, alter or amend an existing ordinance. He said the proper way to approach an issue such as this would be to repeal the ordinance or otherwise via another ordinance amend or alter that which it is that somebody finds offensive, whether it be the public or a member of the Board. He advised that the Board would be acting contrary to the State Constitution in deciding which ordinances it is going to apply to which people and what changes it is going to make to those ordinances on a case-by-case basis. He stated there is a method for amending the code, and one amends an ordinance with another ordinance. He advised that unless the Board is prepared to change the Grease Trap Ordinance in some manner, it does not have the authority to make these types of decisions. Director Maruthur asked if the Grease Trap Ordinance was in compliance with EPA, and City Attorney David White advised that it was. He added that the EPA is becoming more aggressive in its enforcement procedures across a whole spectrum of environmental issues. Director Maruthur expressed concern that in the letter from the Dixie Restaurants, it stated in reviewing the ordinance, it does not appear that they need a variance; and she wanted 11 Board of Directors Meeting April 18, 2005 at 7:00 P.M. to make it clear that the Board does not have the authority. She added it is the law, and the Board cannot change it. City Attorney David White stated that is correct. He added he does not like the term “variance” because variance applies to land use; but in the Grease Trap Ordinance, it states if a user seeks a variance from the required minimum size, a letter requesting a variance and reasons why must be submitted to the control authority for consideration. He said the City is no where close to being within the terms of the section regarding variances, and there has been nothing submitted to the Board as to why it should grant a waiver or otherwise any type of relief from this ordinance. He stressed that the Board does not have the authority to ignore its own ordinances. Director Maruthur questioned if they are asking for an exception to federal law, and City Attorney replied that it is a local law the City is enforcing, but he strongly suspects that it also violates federal law. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “no”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously failed. Whereupon the ordinance was declared failed. 28 Proposed Resolution No. R-05-137 A resolution entitled, “A RESOLUTION AMENDING RESOLUTION NO. 5507 BY ESTABLISHING CLOSING HOURS FOR THE RESTROOMS LOCATED AT THE EXCHANGE STREET PARKING PLAZA AND DECLARING A MORATORIUM ON THE COLLECTION OF PARKING FEES,” was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers said if this is approved tonight, staff will add signage for the restroom hours as well as the free parking and will develop a signage plan working with Public Works Director Steve Mallett and his staff to let the public know throughout that area. Director Smith suggested with the heavy tourist season approaching, now is the time to get good signage installed. He stressed publicizing this and informing people where it is located. 12 Board of Directors Meeting April 18, 2005 at 7:00 P.M.  Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 29 Proposed Ordinance No. O-05-37 An ordinance entitled, “AN ORDINANCE NAMING AND ACCEPTING A CERTAIN ALLEY AS A PUBLIC ALLEY (FROM HAGEN TO LIBERTY BETWEEN DAWER AND FEDERAL STREETS); AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Maruthur, that the rules be suspended and the 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 Weatherford, that the ordinance be passed as read. Upon discussion, Mr. Steve Mallett, Public Works Director, advised this is an existing, unimproved alley. Staff was asked to look at the alley because there are several residential driveways and a business driveway off this alley. He said it meets the criteria for acceptance as a City-maintained alleyway. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 30 Proposed Resolution No. R-05-138 A resolution entitled, “A RESOLUTION APPROVING A PROPOSED PROGRAM OF PROJECTS FOR INCLUSION IN THE HOT SPRINGS AREA METROPOLITAN PLANNING ORGANIZATION LONG-RANGE TRANSPORTATION PLAN,” 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. Steve Mallett, Public Works Director, stated that one of the responsibilities of the local Metropolitan Planning Organization is to develop a 25-year, long- 13 Board of Directors Meeting April 18, 2005 at 7:00 P.M. range transportation plan, including federal and city transportation projects. Staff was asked to look at the local projects consisting of streets, trails enhancement projects and intercity transit projects. He said those were taken from the Comprehensive Plan developed in 1997 and also the Master Trails Plan for the City. These projects were also approved by the Board in the past, and staff prioritized those projects. He advised these are eligible for funding at 80-20 percent city match, and money should be available beginning next year. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. OTHER BUSINESS 31 Board of Directors Items Director Daniel presented a check in the amount of $2,500 to City Manager Kent Myers. He stated this is from the Downtown Association of Hot Springs designated for the trolley fund to help with the trolleys this summer. He announced the Second Annual Big Butt Barbeque cook-off will be held on Saturday at the Exchange Street Parking Plaza. Those cooking will begin at 6:00 a.m., and serving will be from 4:00 p.m. to 7:00 p.m. Director Jones announced that Naomi Chapter 328 of the Eastern Star will be meeting on Saturday, which is a very important meeting. Director Edwards commended the Police Department for having a successful, no accident racing season at Oaklawn Park. He stated that he wrote a letter to City Manager Kent Myers regarding gasoline prices, and he has made some changes. City Manager Kent Myers added that he received some positive news from Mr. Greg Speas, Fleet Service Director, on Friday; and the gas prices may be decreasing 15 to 20 cents. 32 City Manager’s Report City Manager Kent Myers gave the following report: On the Consent Agenda, the Board made several appointments to advisory committees and commissions. The Board appointed Ed Tallach and Ida Thompson to the Historic District 14 Board of Directors Meeting April 18, 2005 at 7:00 P.M. Commission; Paul Bosson to the Civil Service Commission; Randal Murphy, Cheryl Denton and Bill Hughes to the Parks and Recreation Advisory Commission. 33 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:15 p.m. to meet again on Monday, May 2, 2005, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor 15 Board of Directors Meeting April 18, 2005 at 7:00 P.M.