Board of Directors

MINUTES BOARD OF DIRECTORS MEETING MAY 2, 2005, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, May 2, 2005, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Fire Chief Ed Davis, 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 18, 2005 Board Meeting A motion was made by Director Daniel, duly seconded by Director Maruthur, that the minutes of the April 18, 2005 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests At the request of Director Edwards, Captain Willie McCoy introduced new police officers Josh Heckel, Rod Embree, Allen Constant, and Bryan Caldwell. City Manager Kent Myers recognized three employees who have returned from active military duty and thanked the following who participated in the activities tonight: Hot Springs Board of Directors; Hot Springs Mall; Dillard’s Bath and Body Works; Buckstaff Bathhouse; Director Tom Daniel; Information Systems; Engineering Department; Mrs. Hot Springs Karen Smith; Dennis Brunson, Utilities Department; Hot Springs Advertising and Promotion Commission; Chamber of Commerce; Applebee’s; Colton’s; Dixie Café; Red Lobster; San Francisco Bread Company; and Human Resources Department. He introduced Mrs. Karen Smith, dispatcher at the Police Department, who sang “America the Beautiful,” accompanied by Mr. Dennis Brunson, Utilities Department, on the keyboard. City Manager Kent Myers then recognized the following servicemen: First Class Petty Officer Mike Robbins, with the City’s Wastewater Collections Department. He was called to active duty on December 2, 2002, and served in Norfolk, Virginia, until October 3, 2003. He served as equipment operator, assistant facilities supervisor, unit male orderly, and other tasks as needed. The main objective of his group was to take a department of an existing command and stand up the new center for anti-terrorism and Navy security. As a part of this project, Officer Robbins was the transportation supervisor and implemented a system for tracking maintenance use and whereabouts of the vehicles of the command. He was awarded the Navy Achievement Medal. He began his active duty with the Navy in 1980; and upon completion of his active duty, he served in the Navy Reserve until his retirement in January 2004, which is over 20 years of service. Sergeant Harrell Yarber, Fleet Service Department, served in the 156th Infantry Battalion from Malvern, Arkansas. He was called to active duty in October 2003, and served as a mechanic and worked on hummers, trucks and generators while stationed in Baghdad. He had a few close calls while on convoy missions but returned home for two weeks in October 2004. He joined the National Guard after active duty, and this allowed him to be part of the service but still close to family and home. He arrived back from Ft. Sill, Oklahoma, on March 12, 2005, and returned to the City on April 20, 2005. He has served 17½ years of service to his country. Staff Sergeant Jeff Michau, Police Department, served in Company C, Med 39th Support Battalion, which is part of the 39th Brigade. He was a squad leader of a medical treatment team stationed in Iraq at Camp Cook and supervised treatment and medical personnel at a medical treatment facility at Camp Cook. He responded to numerous casualties while on post, and this was the highest medical facility on post for 9,000 troops. Their treatment included American Soldiers, Coalition Forces, Iraqi National Guard, and Iraqi Army Soldiers. On October 12, 2003, he was called to duty and deployed to Iraq the last of March 2004. He left the third week of March 2005 to return to the United States and has been in the National Guard for 15 years. 2 Board of Directors Meeting May 2, 2005 at 7:00 P.M.  The employees were then presented with gifts of appreciation from those previously mentioned. City Manager Kent Myers introduced Ms. Martha Rogers, representing the Greater Hot Springs Chamber of Commerce, who presented the three returning servicemen with plaques of appreciation. 5 Acknowledgment of Financial Statements for January, February and March 2005 Mayor Bush announced that the Financial Statements for January, February and March 2005 are on file in the City Treasurer’s Office for review by the Board and the public. CONSENT AGENDA The Consent Agenda consisted of the following: 6 Public Safety Report (April 19, 2005). 7 Proposed Resolution No. R-05-139 Approving Certain Bid Awards (a) Skid Steer Loader- Utilities [awarded to Scott Construction Company in the amount of $23,700]; (b) Capital Purchases Financing - Various Departments [awarded to First National Bank]; and (c) Asphalt Truck - Street Department [awarded to HD Industries in the amount of $96,330]. 8 Proposed Resolution No. R-05-140 Accepting a Grant, as Amended, from the State Department of Aeronautics for Reimbursement of Costs Related to Roof Repairs at the Airport Terminal Building. 9 Proposed Resolution No. R-05-141 Awarding a Contract to Coakley Construction for McGowan Court Wastewater Line Relocation. 10 Proposed Resolution No. R-05-142 Awarding a Contract to Right of Way USA for Real Estate Acquisition Services Related to Acquisition of Utility Easements. 3 Board of Directors Meeting May 2, 2005 at 7:00 P.M. 11 Proposed Resolution No. R-05-143 Authorizing the Mayor to Execute an Easement Across City-Owned Property with Entergy Arkansas, Inc. for the Purpose of Providing Electrical Service to 219 Gulpha Street. 12 Proposed Resolution No. R-05-144 Approving a Certain Street Name (Foxwood). 13 Proposed Resolution No. R-05-145 Appointing Barry Emigh, Elmer Beard and Carl Craig to the Transportation Advisory Committee. 14 Proposed Resolution No. R-05-146 Appointing Jeri Christian, Sandy Scott and Ted Ericson to the Animal Control Advisory Committee. 15 Proposed Resolution No. R-05-147 Appointing Robert Cox, Robert Meyer, Alan Merritt, Albert Montemayor and Joseph White to the Construction Trades Advisory Committee. 16 Proposed Resolution No. R-05-148 Appointing Stueart Pennington and Rico Harris to the Historic District Commission. 17 Proposed Resolution No. R-05-149 Authorizing Disbursement of HUD Community Development Block Grant (CDBG) Program Funds to Garland County Habitat for Humanity for Reimbursement of Infrastructure Costs. 18 Proposed Resolution No. R–05-150 Authorizing the Removal of Certain Railroad Tracks on City-Owned Property (Transportation Plaza) and the Removal of Railroad Crossing Signals at Grand Avenue and Valley Streets. (Removed from Consent Agenda for Separate Consideration) A motion was made by Director Daniel, duly seconded by Director Edwards, that the Consent Agenda be approved. Upon discussion, Director Maruthur requested that Item No. 18 (Proposed Resolution No. R-05-150 Authorizing the Removal of Certain Railroad Tracks on City-Owned Property 4 Board of Directors Meeting May 2, 2005 at 7:00 P.M. [Transportation Plaza] and the Removal of Railroad Crossing Signals at Grand Avenue and Valley Streets) be removed from the Consent Agenda for separate consideration. Mayor Bush then called for a vote on the motion to approve the Consent Agenda, as amended; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. NEW BUSINESS 18 Proposed Resolution No. R-05-150 A resolution entitled, “A RESOLUTION AUTHORIZING THE REMOVAL OF CERTAIN RAILROAD TRACKS ON CITY-OWNED PROPERTY (TRANSPORTATION PLAZA) AND THE REMOVAL OF RAILROAD CROSSING SIGNALS AT GRAND AVENUE AND VALLEY STREETS,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Edwards, that the resolution be adopted as read. Upon discussion, Mr. Bob Messersmith stated that in 1995, the City established the Depot and was accepted by a previous Board on a grant from the State (ISTEA). At that time, his interest was a train; however, the City did not get it; but he is still pursuing it. He added it is historic and would be a tourist attraction, which would be the original steam engine. With the Museum reopening, he stated it would be a boost for the City and the Museum. Also, he objected to removing the tracks. He pointed out there is a historic depot and a historic sign on Grand Avenue which shows a railroad, and they tie together. He asked that the Board defeat or table this issue. Director Maruthur stated she did not vote for this in 1995 because she wanted to see it retained as a restaurant, but it was defeated. She added the City purchased it, and it is known as the Transportation Depot. She said the crossing signs can be restored, and the rails can remain there. Also, there is a way that the paving can be smoothed so people can cross; and the rails and signs will give caution to the drivers for people crossing. She noted it will enhance the crosswalk. She said that she is not opposed to installing a crosswalk there, but the City obtained the building for a railroad. She stated that she objected to removing the rails and the signs, noting they enhance the historic integrity of the City. 5 Board of Directors Meeting May 2, 2005 at 7:00 P.M.  Mr. Gino DelRay spoke in opposition to the resolution pointing out that Memphis had a train years ago but shut it down for about 25 years causing a decline in the downtown area. However, the train and streetcars were returned ten years ago, creating a flourishing town. Mr. Pat Patterson stated he was on the Board when the Depot was acquired, and the City spent about $450,000 to purchase the Depot and $500,000 to remodel it. He pointed out it is a historical site, and this would remove a part of history. He urged the Board to keep the rails in place. Ms. Jean Wallace, Director of Parks and Recreation, explained this resolution would authorize removal of one section of track to completely put the rail out of service in order not to have to go back in and repair the light signals. She stated the light signals are antiquated, and the estimate from the Arkansas State Highway and Transportation Department is approximately $250,000 to bring them up to modern standards. The Highway Department informed her even if the City uses the rails once a year, such as for the Santa Train, the City would be required to upgrade those signals in order to have the train come across Grand Avenue. If a scenic train came in, they would have to spend the money, or something would have to be worked out to where the signals would be upgraded because they are useless at the present time. The Highway Department advised that the City could use the area of Grand Avenue for the safety crossing because at the present time, there is a trail on both sides of the four-lane highway, which has a large amount of traffic. If anyone tries to cross the highway, they are standing in the middle totally unprotected with two lanes of traffic coming in both directions. The design of the safety crossing is such that there will be pedestrian buffers on either side of the crosswalk where people will have a safe place to stand in the middle of Grand Avenue before they cross. She commented that she is not asking that the rails be removed, but that a section of track be removed which could be put back at a later date if the City could afford to get the signals upgraded. She stated that in order to have the crossing, the Highway Department will require the City to at least remove one section of track to officially put the track out of service. Mayor Bush asked who will pay for upgrading of the signals, and Ms. Wallace advised that the City pays for it. Director Daniel mentioned that she said plans are not to remove the rail but to take a section out. Ms. Wallace advised that plans are to take a section of the rail up but not the whole track. She said it could be placed back if the train came back in, and it would just be one piece removed that could be put back. Director Daniel questioned if the Santa Train does not return and the track is left, what would be the difference in having the old crossing. Ms. Wallace replied that according to the 6 Board of Directors Meeting May 2, 2005 at 7:00 P.M. Arkansas State Highway and Transportation Department since the rail is officially out of service, the City is required to remove that piece of track to keep people from getting on it. Mayor Bush suggested tabling this resolution until the next meeting. A motion was made by Director Maruthur, duly seconded by Director Jones, that the resolution be tabled until the next meeting; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. 19 Request from Carol Scholp for Adjustment to Water Bill Mr. Don Cochran, Director of Utilities, advised that staff denied a request from Ms. Carol Scholp, 301 Stearns Point, for an adjustment to her utility bill. He explained that on November 22, 2004, Ms. Scholp submitted a request for an adjustment to her water and wastewater charges claiming that the meter was misread. Mr. Carl Briggs, Utilities Customer Service Coordinator, was sent to the residence to investigate the customer’s claim. During this investigation, no leaks were indicated from observing the water meter; and it was his determination that the meter was reading accurately. Mr. Briggs informed the customer that the meter could be pulled for testing; and if it were found to be malfunctioning, she would not be charged for the test. If the meter were operating correctly, then there would be a charge of $15 for the test according to City ordinance. Ms. Scholp agreed to the test, and the meter was pulled. It was tested and found to be reading correctly; but due to the age of the meter, Mr. Briggs decided not to install the old meter and left the new meter in place. For this reason, he did not charge Ms. Scholp the $15. He advised that Ms. Scholp’s request for an adjustment was denied by him and Mr. Briggs. She was informed that if she could provide some information that would justify an adjustment to her utility bill, staff would reconsider her claim. In October 2002, she made a similar request; and the circumstances were similar. Utility staff investigated and could not find a problem with the meter and could not find that the meter was misread. At that time, a one-time adjustment of $44.52 was allowed. He advised that Ms. Scholp is requesting an adjustment of $37.96. Ms. Carol Scholp said she received a bill for 6,900 gallons, but her general usage is around 2,000 gallons. She asked for someone to re-read the meter, but she was left a note on the door that said there were no leaks; and they did not re-read her meter. She said the second time the Utilities employee came out, he did not say the reading was correct but said he could remove the meter for testing; and if it were correct, she would be charged $15. However, if it were incorrect, it would be removed and replaced; and she would not be billed, which is what happened. She said she filled out the request for the adjustment. After three months, then she was told that the rules have changed; and now it was that the meter was old. However, that is not 7 Board of Directors Meeting May 2, 2005 at 7:00 P.M. what was presented to her. She reported that she has paid her bill in full, minus the amount in dispute. However, the Utilities Department has been applying penalties and late fees, which are not applicable to the amount in dispute. She stated that on each of her bills and checks, she has noted from the beginning that the payment was in full. She said that her water was turned off on March 31 for nonpayment, but every month her bill was paid in full and on time with the exception of the amount in dispute. She commented this is not a matter of money, which is a very small amount, but is a matter of principle. She requested that the Board make an adjustment to her bill since she did not use the 6,900 gallons of water. Director Edwards asked if she has received monthly water bills since the new meter, and Ms. Scholp said she had; and they have been correct. Director Smith commented that in her letter she made the statement that she lives alone and has not operated a business since August 2003. He asked how long she operated that business, and Ms. Scholp advised that she had a Bed and Breakfast for about six years. Director Smith asked if she had an occupation tax permit, and Ms. Scholp stated she did not because when she applied for a bed and breakfast, she was exempted from the tax. Director Smith asked if she was aware she has a conditional use permit and once the business ceases to exist, so does the conditional use permit. Ms. Scholp replied that she was not informed of that. Director Smith said that she states the business has not operated since August 2003, and it is his understanding that has voided the conditional use permit. He questioned if she was aware of the website www.ladyofthelake.com, and Ms. Scholp said that she was. Director Smith commented that as recently as today that website was up and running as a business with her name and address and location at 301 Stearns Point, d.b.a. Lady of the Lakes, a Bed and Breakfast. Ms. Scholp replied that she does not have a website at this time and does not pay for one. Director Daniel commented that Ms. Scholp stated she was never billed for the $15 and questioned why she was never billed. Mr. Cochran advised that Mr. Briggs sent a note to him dated January 31 stating that although he changed this meter because it was old and the meter registered correctly, he did not charge for the change, which is the $15, because of the age of the meter. Mr. Briggs installed a new one in its place while it was being tested; and instead of making another trip and putting the old meter back into the ground, he left the new meter. He pointed out that whenever the customer service representatives check out a complaint of a high bill, the Utilities Department does two things: (1) verifies the reading of the meter; and (2) visually looks at the meter to see if the meter is registering. If the meter is registering, that means water is flowing through the meter. They will then check with the customer and make sure they have everything off in the house. If the meter is still registering, then that would indicate there is some type of leak on the customer’s side. He reported there was no leak indicated in this investigation, and the meter was registering correctly when it was checked. 8 Board of Directors Meeting May 2, 2005 at 7:00 P.M.  Director Maruthur questioned if the customer turned off everything when asked to do so by the meter reader; and Mr. Cochran stated if he looked at the meter and the meter was registering, then he would have gone to the house and made sure that everything was off. However, when the meter is checked and nothing is registering, then it would indicate there is no water running through it. Therefore, there would have been no leak. A motion was made by Director Edwards, duly seconded by Director Maruthur, to make the adjustment for Ms. Scholp; and upon roll call, the following voted “aye”: Director Maruthur. Voting “no”: Directors Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 6; motion failed. 20 Proposed Resolution No. R-05-151 A resolution entitled, “A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT TWO OFF-PREMISE SIGNS (BILLBOARDS) AT 2228 ALBERT PIKE ROAD,” was taken from the agenda and read by title only. (Appeal) A motion was made by Director Jones, duly seconded by Edwards, that the resolution be adopted as read. Upon discussion, Mr. Jerry Raetz, Planning and Development Director, advised that a request was made for two off-premise advertising structures to be constructed in the 2200 block of Albert Pike. There were three people in opposition to the request at the Planning Commission meeting, but the Planning Commission denied the application by a unanimous vote. Mr. Tim Winston, applicant, said he is developing Westgate Plaza at 2228 Albert Pike and pointed out a few issues to the Board that were not presented at the Planning Commission meeting. He mentioned these billboards are located on U. S. Highway 270 West and over 400 feet from the nearest residential neighbor. He stated there were some concerns of lights shining in people’s bedroom windows, but these are lights that are projected on the signs only. He said according to the Sign Ordinance with over 800 linear feet of highway frontage, he can have two, 250-square foot signs on that property. Also, according to the ordinance, he can have two, 300- square foot billboards on the highway. He commented that the signage is important to his new tenants, and there are 15 tenants there at the present time, producing almost $500,000 in sales tax per year to the City; and this will double as he completes the project. He said that he is requesting billboard signage, single pole design, because it will be more attractive and less clutter on the highway. 9 Board of Directors Meeting May 2, 2005 at 7:00 P.M.  Director Smith asked if he raised these issues at the Planning Commission meeting, and Mr. Winston said that he did not. He added there were some neighbors opposing billboards, and he believes the facts were that the light from the billboard would shine in their bedroom window. Mr. John Shewmaker, 108 Sour Rock Springs Road, said that as a neighborhood, they have not seen a plot plan; therefore, they do not know where the signs will be located. He said the residents are concerned about a decline in the neighborhood since Westgate Plaza has been constructed. He added they are not against progress but trying to protect their right as property owners. Director Daniel asked if there was a plot plan at the Planning Commission meeting, and Mr. Shewmaker said they did not see one and still have not seen one. Director Daniel asked if he was the only resident concerned about the lights, and Mr. Shewmaker said that he was one of the three; but there was another resident who had issues about the signage on the other side of Highway 270. Director Daniel pointed out if he did not know where the signs were going to be located, how would he anticipate where the light was going to shine; and Mr. Shewmaker said that he cannot anticipate where the lights would be shining. However, since the Plaza has been constructed, the lights have been very bright. Director Maruthur asked how long he has resided in this area, and Mr. Shewmaker said that he has lived there since September 1996. Director Maruthur asked how long the Plaza been at this location, and Mr. Shewmaker said it was approximately two years. She asked if there was a buffer there, and Mr. Shewmaker said he was told by the Planning Commission there would be a privacy fence that would be 200 feet from west to east and then would go up 800 feet from south to north and back to Sour Rock Springs Road. However, that did not happen; and all he has is 100 feet of privacy fence. Mr. Shewmaker read a letter from Lana Shewmaker requesting that the Board deny the request for a conditional use permit to construct billboards on the east and west ends of the property at 2228 Albert Pike Road. City Attorney David White mentioned that Mr. Winston has presented new information tonight and asked if the new information changed the facts in regard to whether or not this permit would be approved or denied by the Planning Commission, and Mr. Raetz said that he did not believe there was anything new offered tonight. He added it was all recorded with the plot plan in front of the Board tonight and was in possession of all of the Planning Commission members at the time of their discussion concerning the distances to the residential zoned property, the distances between signs, etc. City Attorney David White said he understood Mr. Winston state that the distances were different, and Mr. Raetz replied they were not. City Attorney David 10 Board of Directors Meeting May 2, 2005 at 7:00 P.M. White asked if he felt there was any reason for the Board to remand this back to the Planning Commission for further consideration based on new information, and Mr. Raetz said he did not. Mr. Shewmaker, representing Margie Edwards, stated she does not want any more signs in this area. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Smith, Edwards, and Daniel, total 3. Voting “no”: Directors Maruthur, Jones, Weatherford, and Bush, total 4; motion failed. Whereupon the resolution was declared failed. 21 Proposed Resolution No. R-05-152 A resolution entitled, “A RESOLUTION AWARDING A CONTRACT TO AFFILIATED ENGINEERS, INC. FOR ENGINEERING SERVICES RELATED TO UPDATING THE RISK MANAGEMENT PLANS FOR THE OUACHITA WATER TREATMENT PLANT, LAKESIDE WATER TREATMENT PLANT, AND THE WASTEWATER TREATMENT PLANT,” 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, Director of Utilities, advised that staff recommends approving a contract with Affiliated Engineers for engineering services related to updating the risk management plans for the Ouachita Water Treatment Plant, Lakeside Water Treatment Plant, and the Wastewater Treatment Plant. He stated that Risk Management Plans for water and wastewater treatment facilities are federal mandated programs as required by the U. S. EPA. In 1999, the City contracted with NRS Engineering and Altec Environmental to perform the first risk management plan. According to that original document, staff was to evaluate the City’s compliance with the plan every three years, which staff has done. Although staff has not received a notice from EPA or any other state regulatory agency that an update was due within five years, staff was notified of this requirement from AssureCo Risk Management and Regulatory Compliance, which was one of the firms evaluated in the RFP process. After receiving this information, staff contacted the Arkansas State Health Department and the Arkansas Environmental Quality, as well as the EPA. He learned today that Mr. Ron Wacaster, Facilities Manager, contacted the Dallas office during this time, and none of these agencies were aware of this requirement to update the plan at this five-year period. Staff was notified again by representatives from AssureCo that the plan needed to be updated. At that time, he was given an EPA website, which Mr. Ron Wacaster, Facilities Manager, had logged onto, and confirmed that 11 Board of Directors Meeting May 2, 2005 at 7:00 P.M. this needed to be done. At that time, staff went through the procurement process for these type of services, which was evaluating the Statements of Qualifications. Firms were selected on the following criteria: (1) experience and technical competence; (2) capacity and capability to perform the work; (3) record of past performance; (4) the firm’s proximity and familiarity with the area; and (5) minority participation. Three firms were selected to evaluate, which were Affiliated Engineers of Hot Springs, NRS Engineering of Hot Springs, and AssureCo of Little Rock. Through this process, Affiliated Engineers appeared to be the most qualified due to their past performance with their work involving the City’s Vulnerability and Risk Assessments and Emergency Response Plans for the Ouachita and Lakeside Treatment Plants. The Vulnerability Assessment and Emergency Response Plan included a comprehensive risk assessment and evaluation of these treatment facilities. Affiliated Engineers’ work included a thorough overview of the treatment operations including the evaluation of the current risk management plan that was done in 1999. He reported that Affiliated Engineers has done similar work related to these Vulnerability and Risk Assessments for North Garland County Regional Water, Vilonia Waterworks, the city of Bryant, and city of Benton. Utility staff has been pleased with the Affiliated Engineers’ efforts and the work they perform in analyzing the water treatment facilities and believe their experience with the City’s facilities outweighs the learning curve related to filling out these forms with the Risk Management Plan. AssureCo, who was also evaluated and according to the Statement of Qualifications, appears to be a company that began performing these services in Arkansas in 2003. They listed several water systems for which they had performed this work, such as Beaver Water District, Ft. Smith, Benton, Searcy, Batesville, Hot Springs Village, Magnolia, and North Little Rock. He advised that he called some of their references, and they reported that they did satisfactory work; however, staff believes Affiliated Engineers’ experience with the City’s water facilities outweighs AssureCo’s experience. The compensation for these services is based on an hourly fee schedule at $125 per hour. They have estimated 450 hours to do this work for all three facilities, totaling $56,250. The contract has a not-to-exceed amount of $60,000; and funds for this plan will come from the Capital Improvement Budget for the three treatment facilities. He listed four alternatives if the Board chose not to follow staff’s recommendation: (1) reject staff’s recommendation and ask staff to renegotiate the contract with Affiliated; (2) reject staff’s recommendation and direct staff to negotiate a contract with the second-ranked firm, which is NRS Engineering; (3) reject staff’s recommendation for the first and second-ranked firm and direct staff to negotiate with the third- ranked firm, which is AssureCo; or (4) reject staff’s recommendation and repeat the entire RFQ process. Director Maruthur questioned the difference between Risk Management Programs and the Vulnerability Risk Assessment and Emergency Response. Mr. Cochran explained that one is a proactive plan which is Vulnerability Assessment where the engineer was asked to go in and 12 Board of Directors Meeting May 2, 2005 at 7:00 P.M. take an overview of the City’s facilities and look at where the City is most vulnerable to protect against terrorist acts. The Risk Management Plan is a reactive plan. Director Maruthur stated an explanation she received was that one was a federally mandated assessment of the chemicals the City has; and once the assessment was done, the City could respond to that. The Vulnerability Risk Assessment was more of a response to something happening, not necessarily the federally mandated inventory of the chemicals. She said she had requested for tonight’s meeting how many of these risk management plans this company (ARMARC) and NRS have done. Mr. Cochran advised that he listed those in the Board Action Request Form. The City’s he listed from AssureCo were the cities they had listed in their Statement of Qualifications for which they had done this work. The cities listed for Affiliated Engineers were those for which they had done the Vulnerability and Risk Assessments. Director Maruthur questioned how many Affiliated Engineers has done as far as risk management, and Mr. Cochran said they have not filled out those risk management plan forms. He added that staff believes the work they have done in analyzing the treatment facilities, which they have done already, outweighs the learning curve they will to have to have to fill out the other government forms that are required with this plan. The Vulnerability Assessment, the Emergency Response Plan and the Risk Management Plan were all mandated by the EPA. Director Maruthur said an individual (Mr. Greg Rogers) from ARMARC had contacted the City prior to the federally mandated risk management that was supposed to be in June 2004 and he gave a copy of it. Mr. Cochran said that he has not seen it. He added that as far as he knows Mr. Rogers did not contact him until March 31, 2005, and made an appointment to see him that afternoon. He contacted Mr. Ron Wacaster sometime in December 2004. At that time, Mr. Wacaster informed Mr. Cochran that Mr. Rogers came to see him and told him of this mandate the City had to meet. Mr. Cochran’s instructions to Mr. Wacaster were to contact the Health Department and DEQ to see if they were aware of it. He commented if somebody comes to his office and says he needs to enter into a contract with them for this federally mandated requirement and they want to do business with the City, he needs to confirm that EPA is requiring this. When he tried to confirm this information, neither the Health Department, DEQ, nor his contacts with EPA in Dallas had any knowledge of it. As of today, he contacted the Director of Engineering with the Arkansas State Health Department; and he has still not received any notification from EPA that this is required. Director Maruthur pointed out that appeared on the EPA website, and Mr. Cochran said that it did and that is the purpose of having this discussion tonight. 13 Board of Directors Meeting May 2, 2005 at 7:00 P.M.  Director Maruthur recognized Mr. John Mory, with Affiliated Engineers. She asked when Mr. Greg Rogers contacted him, and Mr. Mory advised that it was in late spring or early summer 2004, and he only questioned if he was doing the risk management update for the City. He asked if he had been hired to do that work, and he informed Mr. Rogers that he had been hired and contracted to do the emergency response plan update. Director Maruthur asked if he said he was looking for some training and planned to attend something in about two months (April 2005). Director Maruthur said if an individual has been contacting people about something the City was supposed to have done and it went ignored, it is reminiscent of the City’s noncompliance in the 1970's when there was a moratorium on building because the City did not have the wastewater facility to support building more homes. She pointed out that the City just approved building again its facility to serve more people and doubled the rates and enacted impact fees. She said she did not believe the City should be at risk in any area, and someone need to be watching and having a schedule to see what the City needs to comply with. She stated there is one sentence that caused her concern because it stated “that you were planning some training in about two months.” She mentioned the paper that she received today which said he would be happy to demonstrate to the Board a web-based regulatory compliance alert service which is guaranteed to keep the City and other concerned Hot Springs officials informed in a timely manner of EPA Risk Management Program requirements specific for the City’s facility and treatment process in an ongoing basis. The cost of this service is $240 a year, but because of what has happened they are offering along with his services to do this for free and to just pay for Mr. Rogers’ time. Mayor Bush pointed out that he is not with the City and questioned the relevance, and Director Maruthur stated she did not want to see this happen again because no matter what the City does, the City is responsible. Director Jones asked if Mr. Mory wrote the letter, and he replied that he did not. Director Maruthur asked if he has received training in this so far, and Mr. Mory said that he has not. Director Maruthur stressed that is the point. Since this is the recommendation to hire Affiliated Engineers, Director Maruthur recommended that the City, along with this, get this service. City Manager Kent Myers stated staff has no problem with this and pointed out that Director Maruthur is suggesting that the City subscribe to this service for $240 a year, which would automatically make the City aware of these requirements since obviously it is not getting notification from either the state or federal government. 14 Board of Directors Meeting May 2, 2005 at 7:00 P.M.  Mr. Don Cochran said that in reviewing AssureCo’s Statements of Qualifications, they have listed several cities where they have done this; and their price ranged from $5,000 to $35,000 for the service. He pointed out that no where in their Statement of Qualifications did they say they did any of this work for free for anyone. Mayor Bush stated that there is a qualified staff who has recommended Affiliated Engineers to the Board, and he has no reason to go against their recommendation. He added whether or not there is a $240 a year alert system in place, he will let staff come to the Board for that. Director Maruthur recommended using Affiliated Engineers and to get the training, as well as the service offered for $240 a year. City Manager Kent Myers said that Director Maruthur is suggesting that the City take the offer mentioned in the e-mail, which would be a subscriber service of $240 a year, and the City receives a 60-day free trial before having to pay. He suggested that staff take the 60-day free trial period and then report back to the Board with a recommendation to either spend $240 or not. Regarding the training issue, Mr. Mory stated that Mr. Rogers is not with his company, and he was still in the process of looking at what he thought would be the best training to attend. He has since found a firm that will come to his office and train him here, which will be within two months. 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. 22 Proposed Ordinance No. O-05-38 An ordinance entitled. “AN ORDINANCE REZONING TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED AT THE WEST SIDE OF THE 300 BLOCK OF NASH STREET, ZONED R-3, LOW DENSITY RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Jones, duly seconded by Director Weatherford, 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. 15 Board of Directors Meeting May 2, 2005 at 7:00 P.M.  Upon discussion, Mr. Jerry Raetz, Planning and Development Director, explained this is to rezone three acres on the west side of Nash Street, just off Werner Street. 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. 23 Proposed Ordinance No. O-05-39 An ordinance entitled,“AN ORDINANCE REZONING TO C-3, OFFICE/NEIGHBORHOOD COMMERCIAL, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED AT 301 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 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 Jones, duly seconded by Director Weatherford, that the ordinance be passed as read. Upon discussion, Mr. Jerry Raetz, Planning and Development Director, stated the rezoning request is in the 300 block of Carpenter Dam Road. Regarding the back side of this property on Piper, Director Smith questioned if they are going to access off that; and Mr. Raetz advised they are not. He noted he is now in the development review process for the original rezoning that occurred two months prior, and that access has been deleted. Director Weatherford questioned why they did not use Piper to take some of the traffic off and come back around, and Mr. Raetz advised they have looked at it in different scenarios. One was to make it available for the customers of the area, and one was to make it available for just some of the employees of the different offices proposed in that area. He stated as all matters were considered, it was decided to block it off and keep all of the traffic off the highway. Director Edwards pointed out that coming off Piper Lane onto Malvern Road would be very hazardous. 16 Board of Directors Meeting May 2, 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-05-40 An ordinance entitled, “AN ORDINANCE REZONING TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED AT 2150 EAST GRAND AVENUE, 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 Weatherford, duly seconded by Director Daniel, that the ordinance be passed as read. Upon discussion, Mr. Jerry Raetz, Planning and Development Director, explained this is an extension of the existing regional commercial zoning on the eastern entrance to the City. 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. 25 Proposed Ordinance No. O-05-41 An ordinance entitled, “AN ORDINANCE REZONING TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED EAST AND ADJACENT TO THE 1600 AND 1700 BLOCKS OF HIGDON FERRY ROAD, ZONED R-1, RURAL RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Daniel, 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 Daniel, duly seconded by Director Weatherford, that the ordinance be passed as read. 17 Board of Directors Meeting May 2, 2005 at 7:00 P.M.  Upon discussion, Mr. Jerry Raetz, Planning and Development Director, stated this request was sponsored by the Planning Commission to rezone approximately a 30-acre parcel of land located on Higdon Ferry Road. 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. 26 Proposed Ordinance No. O-05-42 An ordinance entitled, “AN ORDINANCE ACCEPTING SILVER OAK COURT AS A PUBLIC STREET; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Weatherford, 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 Weatherford, duly seconded by Director Jones, 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. 27 Proposed Ordinance No. O-05-43 An ordinance entitled, “AN ORDINANCE PROHIBITING CERTAIN PUBLIC PERFORMANCES, DISPLAYS AND EXHIBITIONS ON PUBLIC SIDEWALKS AND PUBLIC PARKS; REPEALING CERTAIN ORDINANCES; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Smith, duly seconded by Director Weatherford, 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 Smith, that the ordinance be passed as read. Upon discussion, Mr. Zachary Smith, 919 Whittington, said this ordinance would ban all performances on the streets that would solicit money, which is known as “busking.” He 18 Board of Directors Meeting May 2, 2005 at 7:00 P.M. explained that busking is an old accepted art form that has been used to enliven and improve the atmosphere of cities all over the world. He spoke of tourist towns where such activity is permitted. He stated if Hot Springs is to become a vibrant, modern city where people come to seek out its cultural contribution, then the City needs to encourage performers and street artists to bring their specific skills into the City and display them for the tourists. He pointed out that the City cannot prevent people from playing on the street because it is one of the constitutionally protected First Amendment Rights. Mr. Gino Del Ray said all they are asking is for people to listen; and if people want to drop money in the hat, that is their choice. He spoke of other cities where there are street performers. Deputy City Manager Lance Hudnell explained that the Central Business Improvement District No. 2's concern has been the quality of entertainment over the last several years. At their meeting earlier this year, they requested that the Board abolish the ordinance the City currently has permitting street entertainers until such time as they can take another look at it. Director Smith said it was a unanimous vote in support of this issue at the CBID No. 2 Meeting. Director Daniel commented that it is his understanding they are also going to readdress it, but their feeling is that it got out of hand; and there was no way of regulating is as far as entertainment. Director Weatherford said the way he reads it, the City is not prohibiting them from performing downtown; they just cannot solicit money. Deputy City Manager Lance Hudnell pointed out it is a First Amendment right to walk the street with a guitar; but when they solicit funds, then they become street entertainers. City Attorney David White stated that the City can place reasonable time, place and manner restrictions on them and not run afoul of the First Amendment. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 6. Voting “no”: Director Maruthur; motion carried. Whereupon the ordinance was declared passed. 19 Board of Directors Meeting May 2, 2005 at 7:00 P.M.  OTHER BUSINESS 28 Board of Directors Items Director Edwards asked that a moment of silent prayer be declared for the Jack Greenway family. Mr. Greenway was the Chief Building Official for the City. Director Jones announced that on next Saturday, the HUD Fair will be held at the Webb Community Center. Director Daniel expressed appreciation to all the City departments who participated in the Big Butt Barbeque Cook-Off, which was a success. Some of the City departments participating were Fire, Street and Animal Services. The overall champion was from the Animal Services Department. He reported there was meat left over to donate to Teen Challenge. Director Maruthur extended well wishes to Lois Baker, Public Information Assistant. She reported that the Board is spending more time on agenda items at the agenda meetings, and she had to leave the agenda meeting to attend another meeting. She stated the Board needs to keep in mind that the Board Meeting is where the business is conducted, not the agenda meeting. She mentioned that she stopped attending the agenda meetings for a period of time because there was so much discussion, and the all of the business was being conducted at the agenda meetings. She said the citizens who are watching want to see the business of the City and what seems unimportant to the Board, could be very important to those viewing the Board Meeting. Director Jones pointed that is the reason the Board needs to have another work session with the City Attorney to review what the Board can and cannot do. City Attorney David White commented this issue arises from time to time; and the last time the Board met and discussed the procedural rules, it was agreed that any Director who had the floor could keep the floor and speak for a reasonable time. If another member asked for the question to be called, that was to be directed to the Mayor who could either call for the question and then the debate, or what the Mayor more preferably did was to put a time limit on the Directors to finish the discussion in order to proceed with the business and then call for the question. 20 Board of Directors Meeting May 2, 2005 at 7:00 P.M.  Director Maruthur commented that the City Attorney also advised that during Board announcements, any Board Member, if they are cut off at a meeting, could continue the discussion during the discussion and announcements even though the vote was over. City Attorney David White stated that once the Directors are given the floor for announcements at the end of the meeting, they can make any comments. He added it is subject to the Mayor placing a time limit on any of the members. 29 City Manager’s Report City Manager Kent Myers gave the following report: 1. On the Consent Agenda, the Board appointed members to Advisory Committees: (1) Elmer Beard, Carl Craig and Barry Emigh were appointed to the Transportation Advisory Committee; (2) Jeri Christian, Sandy Scott and Ted Ericson were appointed to the Animal Control Advisory Committee; (3) Robert Cox, Robert Meyer, Alan Merritt, Albert Montemayor, and Joseph White were appointed to the Construction Trades Advisory Committee; and (4) Stueart Pennington and Rico Harris were appointed to the Historic District Commission. Also, the Board approved disbursement of $15,500 in CDBG money to help the Habitat for Humanity for the Randy Cox Village. 2. On May 10, following the agenda meeting, Director Jones has asked the City Attorney to brief the Board on legal issues. The meeting will be held at the Police Department at 5:30 p.m. He said that he agreed with Director Maruthur regarding the length of the agenda meetings, pointing out that several years ago, the agenda meetings were 20 to 30 minutes; but now they last an hour or longer. He suggested that be added to the list for discussion by the City Attorney. He pointed out the agenda meetings were not intended to state opinions but to decide whether or not an issue is to be included on the agenda and if the items are in the correct order. He stated the Board has had some extended discussions; and in certain cases stating opinion. He expressed concern that the public is not present at those meetings and has not had an opportunity to state an opinion. He stated many of the questions that arise at the agenda meetings are answered in the Board packets. 3. On Saturday, from 10 a.m. to 5 p.m. and Sunday from noon to 5 p.m., at Hollywood Park, there will be Art in the Park, sponsored by the Fine Arts Center, the Arts Cooperative Team, Friends of the Park and Hot Springs Parks and Recreation Department. 4. There will be a Home Ownership Fair this weekend sponsored by the Pleasant Avenue Historic District between 10 a.m. and 2 p.m. at the Webb Community Center. This is geared to 21 Board of Directors Meeting May 2, 2005 at 7:00 P.M. individuals in the community who are first-time home buyers that want information on loans and how to qualify and purchase their first home. There will be a number of booths set up by local financial institutions. 5. The Spring Fling Citywide Clean-Up will be held on Saturday and Sunday, May 21 and May 22. There will be dumpsters in each of the Board Districts, and Sanitation Director Bill Burrough will work with each of the Directors to identify a location within the districts that is most convenient. 30 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:50 p.m., to meet again on Monday, May 16, 2005, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor 22 Board of Directors Meeting May 2, 2005 at 7:00 P.M.