Board of Directors

MINUTES BOARD OF DIRECTORS MEETING AUGUST 15, 2005, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, August 15, 2005, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Doug Irvin, 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 Weatherford, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of August 1, 2005 Board Meeting A motion was made by Director Daniel, duly seconded by Director Maruthur, that the minutes of the August 1, 2005 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Mr. Bush recognized Mr. Jimmy Jones, with Alzheimer’s Arkansas “Walk in the Garden” Planning Committee. He introduced Ms. Judy Rowe, who expressed appreciation for the Proclamation proclaiming September 10, 2005, as Alzheimer’s Caregivers Awareness Day, which will be the third annual walk at Garven Gardens. Ms. Janet Nelson, development director from Alzheimer’s Arkansas, was also introduced, as well as committee member Veda Duncan.  Director Edwards also introduced Ms. Joan Jones with the group. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (August 4, 2005). 6 Proposed Resolution No. R-05-246 Approving Certain Bid Awards (a) Lime - Utilities [annual supply contract awarded to Arkansas Lime]; and (b) Carbon - Utilities [annual supply contract awarded to General Carbon Corporation]. 7 Proposed Resolution No. R-05-247 Authorizing the Mayor to Execute Amendment No. 2 to the Contract with Carter and Burgess for Engineering Services Related to the Carpenter Dam Utility Relocation Project. 8 Proposed Resolution No. R-05-248 Approving Change Order No. 3 with Coakley Construction for Construction Personnel and Equipment Related to the Park Avenue Water Improvements Project. 9 Proposed Resolution No. R-05-249 Accepting the Facilities Plan as Prepared by NRS Consulting Engineers and Authorizing Submittal of Said Documents to the Arkansas Soil and Water Conservation Commission and the U. S. Environmental Protection Agency for Approval. 10 Proposed Resolution No. R-05-250 Accepting the Environmental Information Document as Prepared by NRS Consulting Engineers and Authorizing Submittal of Said Documents to the Arkansas Soil and Water Conservation Commission and the U. S. Environmental Protection Agency for Approval. 11 Proposed Resolution No. R-05-251 Authorizing the Mayor to Execute Amendment No. 1 to the Contract with Right of Way USA for Acquisition of Utility Easements for the Carpenter Dam Road Utility Relocation Project. Board of Directors Meeting 2 August 15, 2005 at 7:00 P.M. 12 Proposed Resolution No. R-05-252 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to 1014 Akers Road. 13 Proposed Resolution No. R-05-253 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Lakeland Harbor Condos, Phase II. 14 Proposed Resolution No. R-05-254 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to 201 Aberina, Buena Vista Resort. 15 Proposed Resolution No. R-05-255 Approving the Extension of Hot Springs Municipal Water Service to Kight Trail. 16 Proposed Resolution No. R-05-256 Authorizing an Agreement Between the City of Hot Springs, Arkansas, and the Arkansas State Highway and Transportation Department for Relocation of Water and Wastewater Utilities to the Carpenter Dam Road Project. 17 Proposed Resolution No. R-05-257 Authorizing the Transfer of a 1979 FMC Fire Engine to Board Camp Volunteer Fire Department. 18 Proposed Resolution No. R-05-258 Appointing Ms. Lynda Hogaboom to the Board of Zoning Adjustment. 19 Proposed Resolution No. R-05-259 Appointing Mr. J. David Hair, Mr. Steve Fulenwider, and Dr. Jay Robbins to the Airport Advisory Committee. A motion was made by Director Smith, duly seconded by Director Jones, 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. UNFINISHED BUSINESS Board of Directors Meeting 3 August 15, 2005 at 7:00 P.M. 20 Proposed Ordinance No. O-05-69 An ordinance entitled, “AN ORDINANCE REZONING TO PD, PLANNED DEVELOPMENT, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED AT 187 PORT- AU-PRINCE ROAD, ZONED R-L, LAKE AREA RESIDENTIAL,” was taken from the agenda for consideration. (Tabled August 1, 2005) A motion was made by Director Edwards, duly seconded by Director Jones, that the rules be suspended and the ordinance be read by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Jones that the ordinance be passed as read. There being no second to the motion to adopt, the motion died for lack of a second. A motion was then made by Director Weatherford, duly seconded by Director Edwards, that the ordinance be referred back to the Planning Commission; and upon voice vote, the motion unanimously carried. NEW BUSINESS 21 Proposed Resolution No. R-05-260 A resolution entitled, “A RESOLUTION APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Daniel, that the resolution be adopted as read; 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 resolution was declared adopted. 22 Proposed Ordinance No. O-05-72 An ordinance entitled, “AN ORDINANCE AUTHORIZING THE CITY OF HOT SPRINGS, ARKANSAS, TO ENTER INTO AN ARKANSAS LOCAL GOVERNMENT JOINT INVESTMENT TRUST FOR THE INVESTMENT OF PUBLIC FUNDS THROUGH THE ARKANSAS LOCAL GOVERNMENT CASH MANAGEMENT TRUST PROGRAM,” was taken from the agenda for consideration. Board of Directors Meeting 4 August 15, 2005 at 7:00 P.M.  A motion was made by Director Daniel, 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 Jones, 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. 23 Proposed Ordinance No. O-05-73 An ordinance entitled, “AN ORDINANCE ACCEPTING A CERTAIN STREET AS A PUBLIC STREET (SILK TREE COURT); NAMING SAID STREET; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Daniel, 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 Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Mr. Steve Mallett, Public Works Director, advised that the City has been approached by the developer for a small cul-de-sac street from 643 Lakeside Road north, which meets all of the City’s street specifications. Therefore, it is recommended to accept the street for city maintenance. 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 Resolution No. R-05-261 A resolution entitled, “A RESOLUTION ADOPTING CERTAIN REVISIONS TO THE 2005 BUDGET,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Weatherford, that the resolution be adopted as read. Board of Directors Meeting 5 August 15, 2005 at 7:00 P.M.  Upon discussion, Ms. Dorethea Yates, Finance Director, stated that each year the City Manager, Finance Director and department heads review the budget, the year-to-date numbers and the realistic expectations for revenue and expenses for each department. The Board also holds a work session; and as a result of those meetings, it is determined what budget transfers should be made at mid-year to enact those changes. 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. 25 Request from Jazz Festival to Waive Facility Use Fees at the Transportation Depot A motion was made by Director Jones, duly seconded by Director Edwards, that the request from the Jazz Festival to waive facility use fees at the Transportation Depot be approved. Upon discussion, Deputy City Manager Lance Hudnell advised that the current policy regarding rental of the facilities at the Transportation Center, which includes the Plaza or the Depot building, prohibits staff from waiving any fees. However, it allows the Board to waive any provisions of this policy in unusual or unique circumstances when strict adherence would not be in the best interest of the public generally. This organization has requested use of the meeting room inside the Depot for six or seven hours on a Saturday. A staff member must be present during that time; and the organization would be eligible for the nonprofit rate, which would be approximately $140. The Jazz Festival has requested that the fee waived. Mayor Bush asked if the City has waived this fee in recent months, and Deputy City Manager Lance Hudnell replied that the City has not. He added it has basically been the policy that if the City waives it for one group, then how does it justify not waiving it for another group. Director Edwards pointed out the Jazz Festival brings tourists into the City and believes the money they spend will more than pay for this small fee. Deputy City Manager Lance Hudnell commented that the actual event will be under the canopy on Broadway, and this is for some extra judging or other function in concert with this. He mentioned that the Board has approved them closing the street and using Broadway at no cost. He noted this is for a separate item and has to do with some judging or administrative type function along with the Jazz Festival. The Broadway Street is where the actual function will be. Board of Directors Meeting 6 August 15, 2005 at 7:00 P.M.  Mayor Bush then called for a vote on the motion to approve the request to waive the fee; and upon roll call, the following voted “aye”: Director Edwards. Voting “no”: Directors Maruthur, Jones, Smith, Weatherford, Daniel and Bush, total 6; motion failed. OTHER BUSINESS 26 Board of Directors Items Director Jones announced that on Saturday, August 27, at 8:00 a.m., Hot Springs Civic and Convention Center, the UZURI will hold an all-day festival for children from all around the state and it is called “Hey, Hey, History, Education”; and the No. 1 topic will be AIDS Awareness. This will be lead by Ms. Cheryl Batts, and the Martin Luther King, Jr. Commission is helping host it and is for ages 12 to 19. On Saturday, the equipment was donated at Wade Street Park. She commended Jean Wallace and her staff for their work. Also, Mr. Michael Smith, his committees, and numerous volunteers did a excellent job. She expressed appreciation to all of the vendors and thanked Director Maruthur for her attendance. Director Maruthur said that Saturday was a success and expressed appreciation to Director Jones for getting the improvement to Wade Street Park. She announced if street lights are out, citizens may call 1-800-ENTERGY, and a metal ID tag with SL and four digits will help identify the location. If motorists are having any problems with visibility, they may call 321-6861 to file their complaint. This can be for vegetation, directional poles or anything that obstructs motorists’ ability to see around a corner. She then read a poem that she wrote called “Cold Pizza in the Morning,” which is for the troops presently serving in Iraq. Director Edwards advised there is an ordinance against placing yard sale signs on utility poles. 27 City Manager’s Report City Manager Kent Myers gave the following report: 1. Several items on the Consent Agenda included the transfer of a fire engine, which does not meet NFTA requirements and is incapable of passing pump certification tests. The City was approached by the Board Camp Volunteer Fire Department, and the Board agreed to transfer the ownership of that fire engine to them. Once the transfer occurs, there will be a photo shoot with the members of that Fire Department and the Board of Directors. The Board appointed Ms. Lynda Board of Directors Meeting 7 August 15, 2005 at 7:00 P.M. Hogaboom to the Board of Zoning Adjustment and also appointed Mr. David Hair, Mr. Steve Fulenwider, and Dr. Jay Robbins to the Airport Advisory Committee. 2. Clean-up has begun around the National Baptist Hotel. This afternoon he was delivered a letter from Mr. Bob Kempkes, who stated that per request of Mr. Dean Baxter, managing member of Woodman Senior Building, the following improvements have been made: (1) site clean-up has begun and should be completed this week; (2) an engineering study of the deteriorated areas has been commissioned. The structural engineer is Mr. Jerry Williams, of Atoka Engineers, Inc., who has received copies of the floor plans, as well as the initial structural survey. Mr. Williams reviewed the exterior of the structure last week and is beginning on the interior with the assistance of MarCo Construction and Taylor/Kempkes Architects on Tuesday, August 16; (3) previously secured areas, such as the second floor balcony doors on the corner of Gulpha and Malvern and the first floor, rear covered corridor where a section of plywood has been removed, will all be re-secured by Wednesday, August 17, 2005. This addresses the Board’s concern expressed at the last meeting. 3. There are changes being proposed in the provision of local EMS services. St. Joseph’s Regional Health Center has been discussing this with a provider, which is Lifenet from Texarkana. This Wednesday, Fire Chief Ed Davis and he will be meeting with the head of Lifenet and will have more information following that meeting with regard to their specific plans to provide EMS. 4. Today, he, Mayor Bush, Mr. Jerry Raetz, and the Chairman of the Planning Commission met and discussed a joint meeting between the Board of Directors and Planning Commission. The date set is for Saturday, October 1, 2005, from 9 a.m. to 12 noon at the Embassy Suites. Breakfast will be served prior to the 9 a.m. meeting. He requested agenda item topics from the Board and will be sending further information in the next couple of weeks. Director Jones mentioned that City Manager Kent Myers was one of the first in attendance at the Wade Street Park on Saturday. Board of Directors Meeting 8 August 15, 2005 at 7:00 P.M. 28 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 7:25 p.m., to meet again on Tuesday, September 6, 2005, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 9 August 15, 2005 at 7:00 P.M.