Board of Directors

MINUTES BOARD OF DIRECTORS MEETING NOVEMBER 21, 2005, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, November 21, 2005, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Mike Washington, 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 Smith, duly seconded by Director Daniel, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of November 7, 2005 Board Meeting A motion was made by Director Edwards, duly seconded by Director Maruthur, that the minutes of the November 7, 2005 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests City Manager Kent Myers recognized Sergeant Joe Williams, who was hired by the Police Department in February 1975 and worked in CID until 1977. From 1978 to 1983, he was in the motorcycle division and part of the Patrol Division in 1983. In 1986, he was appointed to the Services Division as Court Liaison Officer. In April 1987, he returned to Patrol Division as foot patrol officer and was promoted to Officer III in July 1991. In 1995, he was promoted to Sergeant over the Patrol Division and has remained in that position until his retirement on October 21, 2005. Mayor Bush presented Sergeant Williams with a retirement plaque. Sergeant Williams stated that the best decision he made was becoming an employee of the City. Director Maruthur announced that Mr. Willie Spencer is unable to attend the meeting tonight due to health issues. She advised that he will be donating to the City a 17-foot sugar maple and a 17-foot magnolia tree and is interested in donating some other trees at a later date. Ms. Jean Wallace, Director of Parks and Recreation, said she will find a special place for these trees, which are very well grown. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (November 9, 2005). 6 Proposed Resolution No. R-05-341 Approving Certain Bid Awards (a) Adjustable Speed Drives - Utilities [awarded to Northwest Control System in the amount of $25,256]; (b) Odor Control System (2) - Utilities [awarded to Process Solutions in the amount of $150,000]; (c) Pump Parts - Utilities [awarded to Jack Tyler Engineering in the amount of $23,106.67]; (d) Security Cameras/Equipment - Utilities [awarded to Security Design Services in the amount of $11,107.05]; (e) Traffic Control Equipment-Traffic [awarded to Temple];and (f) Petroleum Products - Fleet [annual supply contract awarded to Quality Petroleum]. 7 Proposed Resolution No. R-05-342 Accepting a Grant from the State Aeronautics Commission for Reimbursement of Funds for the Installation of an Entrance Sign at the Airport. 8 Proposed Resolution No. R-05-343 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Arkota Shores Subdivision. 9 Proposed Resolution No. R-05-344 Extending a Contract with National Park Community College for Employee Development Training. 2 10 Proposed Resolution No. R-05-345 Extending a Letter of Engagement with Morgan Keegan for the Provision of Financial Advisory Services. 11 Proposed Resolution No. R-05-346 Appointing Willie Gilbert to the Central Business Improvement District No. 3 Board of Commissioners. 12 Proposed Resolution No. R-05-347 Approving Certain Street Names (Bella Court and Carriage Creek Court). A motion was made by Director Jones, duly seconded by Director Daniel, 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. NEW BUSINESS 13 Proposed Ordinance No. O-05-100 An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING THE SOUTH 52 FEET OF LOTS 4, 5 AND 6 OF BLOCK 11 OF THE SOUTH HOT SPRINGS ADDITION, FROM AN R-4, MEDIUM DENSITY RESIDENTIAL ZONE, TO A C-TR, COMMERCIAL TRANSITIONAL ZONE,” was taken from the agenda for consideration. A motion was made by Director Smith, 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 Jones, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Mr. Ed Miller, 671 Chateau Avenue, Springdale, Arkansas, said he represents the general contractor that the church (Gospel Light Baptist Church) has engaged, and this is the final step for the City approving them to move forward to build the second dormitory. City Manager Kent Myers reported that Mr. Ken Crawford, one of the neighboring property owners came by today with a question regarding their dumpster. He asked if they have identified Board of Directors Meeting November 21, 2005 at 7:00 P.M. 3 where their dumpster will be located pointing out there is concern on how that will be serviced by the alley. Mr. Miller advised that it is located on the site plan submitted to the City, and the City talked to them about being able to get in there adequately. He said the architect was instructed to move it to a place where the City could access it; and instead of the church asphalting that area, the church would go ahead and concrete that part. Deputy City Manager Lance Hudnell advised this has not been considered by the Development Review Committee. He added the Sanitation Department looked at it this afternoon, but the City will be getting back with the church about an alternate location for a dumpster. Mr. Miller said that they were aware of that. 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. 14 Proposed Ordinance No. O-05-101 An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE BY REZONING A PORTION OF OAKBROOK HEIGHTS SUBDIVISION FROM R-1, RURAL RESIDENTIAL, TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY DISTRICT, AND A PORTION FROM R-1, RURAL RESIDENTIAL, TO 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 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. 15 Proposed Ordinance No. O-05-102 An ordinance entitled, “AN ORDINANCE GRANTING A FRANCHISE FOR THE OPERATION OF A FOOD SERVICE VENDING CART IN HILL WHEATLEY PLAZA,” was taken from the agenda for consideration. Board of Directors Meeting November 21, 2005 at 7:00 P.M. 4  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 Maruthur, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Mr. Terry Masot, 61 Collado Way, Hot Springs Village, Arkansas, stated that he submitted a proposal (Hot Dogs Will Travel) for a hot dog cart, which he understood was going to be cart, not a semi-truck parked in Hill Wheatley Plaza. He said that he signed his proposal; however, the other proposal submitted was unsigned and shows no liability insurance. He requested that the proposal be thrown out and rebid. He noted he will be selling only hot dogs, not turkey legs, sandwiches, etc., which is the reason he could not afford to pay the City a larger fee. Director Maruthur said that she spoke to Ms. Penelope Gargano earlier today. She said there has been concern that Mr. Masot would be there for events. She questioned how often he plans on being present at Hill Wheatley Plaza, and Mr. Masot replied that he would be there every day, seven days a week. Director Daniel mentioned that when there are scheduled events sanctioned by the Advertising and Promotion Commission, this grants use in Hill Wheatley Plaza; and they would be entitled to bring in vendors. He asked if he was aware of that, and Mr. Masot replied that he was. He added he was in Riverside, California, for several years when they had promotions; and he would step aside. He stressed that he is not trying to hurt anyone’s business. He also commented that he has not had 40 years as a head chef, as the other proposal stated; but he has had five years cooking hot dogs since he retired. Mr. Dennis Magee, 318 Bower, stated that the Advertising and Promotion Tax is collected by the restauranteurs around the City; and he has a concern for those people who have actually risked and invested in their restaurants and then have competitors come in with events that are partly funded by the Advertising and Promotion Commission. He said he did not believe it was fair. Mr. Robert Cook, 617 Central, said that he has been in the restaurant business for 55 years, and competition makes one better. Regarding health issues, he stated that a moving cart is inspected on all events. As far as an investment in a restaurant, he noted that a cart can cost from $15,000 to $20,000 minimum. Mr. John Girolamo, 211 Fountain Street, said the concern he has for this is about a level playing field. If this were at the fairgrounds, he did not think anyone would have an issue it. He Board of Directors Meeting November 21, 2005 at 7:00 P.M. 5 pointed out that downtown restaurants are required to have grease traps, and these are people who have moved into downtown and invested significant amounts of money. He said that he understands that carts do cost money, and they go where the business is; but the people who have commitments to downtown have invested and cannot move it. He questioned how fair is this to the people or to the commitment to downtown. He stressed this is a commitment to downtown and does not believe it is a proper place to have a vendor. Ms. Rita Smith, 408 Central, said she and her husband have Bubbalu’s Restaurant downtown and made a large financial commitment. She stated they are serving “classy dogs” and “bodacious burgers,” as well as chili. She noted that in Orange County, California, vendors may not serve chili on a cart because of temperature controls. She said that she did not think it was fair to those starting new businesses downtown and want to make a difference. She commented that the investment is considerable, and she knows what a hot dog cart costs. She mentioned that she is concerned that the City is going to let a contract to someone who will have hot dogs, and that is one of the items on her menu. She urged the Board to not let a contract to a hot dog cart that would be in direct competition with their business. Mr. Llewellyn Smith, 408 Central, said they have a considerable amount of investment and time in their restaurant. He stated that the two main items they serve are “classy dogs” and “bodacious burgers.” He said they hope they can make a difference downtown and have a tremendous amount of experience in the food business. He has built mobile food wagons and taken them to fairs. They also introduced funnel cakes in California for seven years before they went into the hot dog business. He stated that one individual who has a cart has a commissary and is not within the city limits; and as far as he knows, there is no way to store that cart within that commissary because there are no doors that will allow that cart to be placed inside. Director Jones asked if he served alcohol in his restaurant, and Mr. Smith advised that he did. She pointed out there are children who are downtown and will not be able to go in his restaurant. Mr. Smith advised they will be able to go into the restaurant, which is a family restaurant. Director Maruthur asked from whom he rented his business, and Mr. Smith replied that he rented from the Downtown Redevelopment Corporation. Director Maruthur asked with whom he does business, and Mr. Smith advised that it is with Mr. Dennis Magee, who has been fair and given them a long-term lease. Director Daniel pointed out that what the Board is voting on tonight in no way affects how Hill Wheatley Plaza has been operated and will continue to operate. He commented that on all special events, there are food service vendors allowed to come in; and whoever the promoter is has Board of Directors Meeting November 21, 2005 at 7:00 P.M. 6 that venue; and they rent out spaces. He questioned if Mr. Smith was aware there will be special events when he rented his, and Mr. Smith said that he was. Director Maruthur requested that the Board hear from Ms. Penelope Gargano, who said that she and her husband, Joe, submitted a bid. Referring to their semi, she stated it is a 15 foot x 8 foot white trailer. She commented it is approved and constantly inspected by the Health Department; also, they have an occupation tax permit. She advised that she and her husband are opening a new restaurant, which will require much of their time. Therefore, she asked that the Board consider withdrawing their proposal. She commented that she was prepared to endorse Hot Dogs Will Travel; but as a restaurant owner, she understands the considerations of the other restaurants. She stated that she concurs with any action of the City officials and will support it. Director Maruthur said that she was excited when Mr. Masot came before the Board previously and made the proposal; and if the City is threatened by a hot dog, then there is a problem. She noted Hill Wheatley Plaza will be open to other vendors for events, but Mr. Masot wants one cart and is willing to be there to sell hot dogs. She stated this is not a threat to downtown and will add some creativity to the City. She commented that many people like to eat while they are walking and then go to a restaurant. She said any restaurant that feels threatened by the sale of only hot dogs or any vendor that feels threatened because one vendor is going to work seven days a week and they will still have an opportunity during an event to participate, then there is a problem. She stated that she spoke to Ms. Gargano today, and there was some miscommunication in what was included in the Board packet, and she was going to change a couple of things as far as what was going to be presented to the Board. She said that she would like to see the award of the bid go to the Masot’s (Hot Dogs Will Travel) and encourage people to eat at Bubbalu’s. An amendment to the motion was made by Director Maruthur to award the franchise to the Masot’s. There being no second to the motion, the motion died for lack of a second. Mayor Bush then called for a vote on the motion to adopt the ordinance; 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. EXECUTIVE SESSION A motion was made by Director Weatherford, duly seconded by Director Jones, that the Board adjourn into executive session; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Board of Directors Meeting November 21, 2005 at 7:00 P.M. 7  The Board adjourned into executive session at 7:45 p.m. RECONVENE TO OPEN SESSION A motion was made by Director Jones, duly seconded by Director Maruthur, that the Board reconvene into open session; and upon voice vote, the motion unanimously carried. The Board reconvened into open session at 8:10 p.m. Mayor Bush announced several items were discussed, but no decisions were made in the executive session. OTHER BUSINESS 16 Board of Directors Items Director Daniel announced that tomorrow night will be the turning on of the Christmas lights, which will be the first City to have Channel 7 represented on their Christmas light tour. Chopper 7 will be in town, as well as Ned Perme from Channel 7. He reported the funding for the lighting is partially through a lot of hard work by the Parks Service, but the Downtown Merchants Association has fund-raisers to raise money throughout the year to pay for the lights in Arlington Lawn, the lights on the Exchange Street Parking Plaza, and the new 37-foot tall Christmas tree in Hill Wheatley Plaza. Tomorrow, there will be a chili cook-off at the Exchange Street Parking Plaza starting at 4 p.m., with about 22 teams entered. Tickets are $3 and will be sold at the door. Also, Ned Perme will turn on the lights at Arlington Lawn. Director Jones recognized Mr. Elmer Beard, who expressed appreciation to the Board for the support of the National Association of the Advancement of Colored People. He advised that the Dr. Martin Luther King, Jr. Parade will be held on Saturday, at 1 p.m. He stated they do not expect or want to continue this as a black parade or black holiday. He said they believe they can do a better job on Saturday in getting people to participate than on the designated holiday. He stated they were organized secretly in a linen closet on Malvern Avenue in Hot Springs, November 11, 1942, and are chartered and no longer have to carry their NAACP cards. He explained they are trying to create a new image, and the City’s support will be appreciated in trying to create that image. He said they would appreciate the City’s joining other businesses in helping them eliminate the left to right discrimination in the news media, such as in ads, stories, new articles and pictures in magazines. He said it has been a general, overall unintentional practice to place black people in the news media on the right, and he would encourage the City to help discourage that. Board of Directors Meeting November 21, 2005 at 7:00 P.M. 8  Director Jones announced that at St. Luke’s Episcopal Church on the last Saturday of every month, they will be feeding for free and will do it on New Year’s Eve, the last Saturday in November, and the next Saturday will be New Year’s Eve. This will be from 12 noon to 1 p.m. 17 City Manager’s Report City Manager Kent Myers gave the following report: 1. The Christmas Parade will be Thursday, December 1, at 6:30 p.m. Mr. Dick Antoine, one of the organizers, said they have over 100 entries. 2. There will be a Christmas open house prior to the Board Meeting on December 19. The City offices will be open from 5:00 p.m. to 6:30 p.m. 3. This afternoon, a phone call was received from Fox News regarding a survey that had just been completed by Morgan Quitno, a firm from Kansas City. This is a crime ranking of various communities around the country, and the City nor the Chief of Police has never heard of this study. This firm has come up with a study that ranks Hot Springs as the No. 9 city of the 330 metropolitan areas as far as the most dangerous communities in terms of crime rate. Research was done this afternoon, and it appears the study has a very poor methodology. It is based upon information that is over two years old and does not include any sort of crimes that have been solved. It compares Hot Springs on a per capita basis, which is 35,000; but Hot Springs is comparable more to a city of 100,000 population. City officials were never made aware of this survey and never heard of this firm. Police Chief Gary Ashcraft stated that they can make statistics say about anything they want, and it has a lot of erroneous information in it. Mayor Bush said that he asked them for a list of the top 25 that Hot Springs was a member of, and Detroit, Michigan was No. 1. Director Maruthur pointed out that Hot Springs is Tree City USA also. 4. Paving started in CBID No. 3 area today and will be finished tomorrow. Work is progressing throughout the rest of the CBID No. 3 area. Board of Directors Meeting November 21, 2005 at 7:00 P.M. 9  Director Edwards commended Public Works Director Steve Mallett for the expeditious manner in moving the workers and getting them off the street in a timely manner. 5. After the meeting is adjourned, City Manager Kent Myers suggested continuing with the budget and setting the date for the next budget meeting. The Board can either meet on Monday, November 28, or on Tuesday, November 29, after agenda meeting. It was the consensus of the Board to continue the budget meeting on Tuesday, November 29, after the agenda meeting. Director Edwards suggested that the Board be prepared to stay for three or four hours for the budget meeting. Mayor Bush also suggested if the Directors have questions after reviewing the budget information, to call the department heads, Finance Director or City Manager before the meeting. 18 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:20 p.m., to meet again on Monday, December 5, 2005, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting November 21, 2005 at 7:00 P.M. 10