Board of Directors

MINUTES BOARD OF DIRECTORS MEETING FEBRUARY 20, 2006, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, February 20, 2006, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Chad Amerson, 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 Daniel, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of February 6, 2006 Board Meeting A motion was made by Director Edwards, duly seconded by Director Maruthur, that the minutes of the February 6, 2006 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Director Edwards recognized Ms. Joyce Taylor. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (February 8, 2006). 6 Budget Transfer - Board/Staff Travel to Hanamaki, Japan ($11,600). 7 Proposed Resolution No. R-06-58 Approving Certain Bid Awards (a) Manhole Rings/Covers - Utilities [annual supply contract awarded to Deeter Foundry, Inc.]; (b) Cementitious Material - Utilities [annual supply contract awarded to Quadex, Inc.]; (c) Print Citywide Newsletter - Public Information [annual supply contract awarded to Information Documents]; (d) Electrician - Public Works and All Departments [annual supply contract awarded to Huntco Electric]; (e) Vehicle - Parks [awarded to Landers Chevrolet in the amount of $13,233]; (f) Vehicles - Utilities [awarded to North Point Ford in the amount of $36,270, Little Rock Dodge in the amount of $20,020, and Landers GMC in the amount of $20,698]; (g) Vehicles - Public Works - Animal Services [awarded to Bale Chevrolet in the amount of $27,947]; and (h) Vehicle - Fleet Service [awarded to Cavenaugh Chrysler in the amount of $14,462]. 8 Proposed Resolution No. R-06-59 Setting a Date for a Public Hearing on a Request to Vacate an Unnamed Alley in Block 118 of Orr’s Subdivision. 9 Proposed Resolution No. R-06-60 Designating a “Free-Ride Day” for Hot Springs Intracity Transit and Authorizing Participation in Hot Springfest. 10 Proposed Resolution No. R-06-61 Amending the Storm Water Management Permit Feet Schedule by Adding a Waiver Provision for Affordable Housing Projects. 11 Proposed Resolution No. R-06-62 Waving Storm Water Management Permit Fees for Garland County Habitat for Humanity for 2006. 12 Proposed Resolution No. R-06-63 Authorizing the Mayor to Execute a Memorandum of Agreement Between the City and the U. S. Department of Transportation, Federal Aviation Administration. 2 13 Proposed Resolution No. R-06-64 Authorizing the Filing of a Grant Application with the Department of Justice Pursuant to the Justice Assistance Grant Program. 14 Proposed Resolution No. R-06-65 Authorizing Revisions to the 2005 Budget. 15 Proposed Resolution No. R-06-66 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to By the Lake Villas at 179 Thornton Ferry Road. 16 Proposed Resolution No. R-06-67 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Knollwood Place Subdivision. 17 Proposed Resolution No. R-06-68 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Columbia Hills Garden Homes. 18 Proposed Resolution No. R-06-69 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Spencer Parrish. 19 Proposed Resolution No. R-06-70 Awarding a Contract to Heller Co., Inc. for Construction of the Hollywood Trail, Phase I, and Overlook of Hot Springs Creek Greenway. 20 Proposed Resolution No. R-06-71 Accepting a Grant from the Arkansas Department of Parks and Tourism Outdoor Recreation Grant Program for Entergy Park and Hill Wheatley Park (Disabled Accessibility). 21 Proposed Resolution No. R-06-72 Accepting a Grant from the Arkansas State Highway and Transportation Department for Right-of-Way Acquisitions and Utility Adjustments (Widening of Highway 88 [Higdon Ferry Road]). 22 Proposed Resolution No. R-06-73 Approving Certain Street Names (Vivian Street and Damian Court). Board of Directors Meeting 3 February 20, 2006 at 7:00 P.M.  A motion was made by Director Daniel, duly seconded by Director Smith, 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. 23 UNFINISHED BUSINESS An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 1350 HIGDON FERRY ROAD FROM R-2, SUBURBAN RESIDENTIAL, TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY,” was taken from the agenda for consideration. 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 Weatherford, 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. NEW BUSINESS 24 Proposed Resolution No. R-06-74 A resolution entitled, “A RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WASTEWATER SERVICE TO THE GARLAND COUNTY FAIRGROUNDS PROPERTY ON MALVERN ROAD,” was taken from the agenda and read by title only. A motion was made by Director Weatherford, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, advised that staff recommends consideration of a request from the Garland County Fairgrounds Board of Directors to extend wastewater services to their new proposed fairgrounds property located outside the City on Malvern Road. This property currently has water service, but the wastewater service is not available; and the Fair Board has requested that the City extend wastewater lines to this new location at the City’s expense. The property is located approximately three to four miles on Highway 270 East on Board of Directors Meeting 4 February 20, 2006 at 7:00 P.M. Malvern Road; and the estimated cost of extending the force main is $49,775, which includes engineering services, easements, and a ten percent contingency. He stated an approval of this request will require the Board to waive its existing policy on water and wastewater extensions. He noted it is in the best interest of the City by providing indirect support to economic development and is in the spirit of the City’s water and wastewater extension policy for Mid-America Park. This policy allows the City to finance water or wastewater extensions within the Industrial Park based on the creation of new jobs. The cost of running the new wastewater line to this piece of property is related to the creation of new jobs with the commercial development of the property that was just rezoned. Mayor Bush questioned how many new jobs are anticipated, and City Manager Kent Myers advised there will be several hundred retail jobs. Director Daniel questioned if this is on the assumption that the Fairgrounds will be relocated to this parcel of property, and Mr. Cochran advised that is correct. Director Maruthur asked how much more they will have to pay for their water since they are not in the City, and Mr. Cochran stated there will be a 50 percent surcharge on the water and wastewater just as any other customer outside the City limits. He added this project will only take the wastewater line to the property, and the Fairgrounds will have to install their own lift station and take care of anything inside the Fairgrounds property proper. 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 Proposed Resolution No. R-06-75 A resolution entitled, “A RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WASTEWATER SERVICE TO 704 EUCLID,” 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, City Manager Kent Myers suggested that the Board table this resolution tonight since one of the Directors had requested information, which he failed to get it to the Board prior to the meeting. He stated the Board can hear the request but not take action on it tonight. Board of Directors Meeting 5 February 20, 2006 at 7:00 P.M.  Mr. Don Cochran, Director of Utilities, stated that at the request of Director Edwards, staff has prepared an estimate for extending wastewater services to 704 Euclid Street, which will require installing a pump station and going across Bayard Street to connect to an existing wastewater manhole. The total estimated cost is $4,545. The recommendation, at the Director’s request, would be that the City finance this project and would take the money out of sewered to unsewered areas line item in the Wastewater Collections Capital Improvement Budget. City Manager Kent Myers reported that the specific information requested prior to the meeting was a history on how many of these requests had been approved and disapproved by the Board. He stated the Board has approved and disapproved some, and one of the Directors requested a history on what has been approved and how Directors voted for it. Mr. Cochran added that in the cases regarding wastewater extensions, the Board can approve these if it is an issue of public health. Director Edwards pointed out this will be the first one of these in his district. A motion was made by Director Weatherford, duly seconded by Director Maruthur, that the resolution be tabled until the next meeting; and upon roll call, the following voted “aye”: Directors Maruthur, Weatherford, and Bush, total 3. Voting “no”: Directors Edwards, Daniel, Jones, and Smith, total 4; motion failed to table. Director Maruthur said she believes the City’s goal should be to move from septic tanks to the sewer if there is an opportunity; and if an individual does not have the funds, then the City should help. She pointed out the City has previously assisted people to make the transition, and it is in the City’s best interest in the long-run. Director Smith questioned if there are any other possible situations around 704 Euclid that may need to be corrected at the same time. Mr. Cochran advised that they have not looked at every single residence in the area, but this is the only one that has been brought to his attention in that neighborhood. Director Smith said he thought it would be a good idea if there is a failing system here, there might be some others; and possibly the City can do all of these at one time, which will cut the cost and help more than one person. Mr. Cochran said that he could check into that. Director Edwards said this is the only home that would require a pump station, and the other houses seem to be downhill from there. Mr. Cochran replied that the homes which are on the existing wastewater system now are being provided by the gravity system; therefore, this would be the only home that would require a pump station. He added that his department can survey these homes; but if a homeowner is on a septic tank that is functioning properly, they may not want to tie Board of Directors Meeting 6 February 20, 2006 at 7:00 P.M. onto the City’s system because they would be paying a monthly wastewater bill that they are not paying at the present time. He said the City would have to connect them on a voluntary basis. Director Maruthur said that the City’s goal should be to make a transition and when someone does hook on, it would be a reduced rate if there are ten people. Mr. Cochran explained that the septic tanks are regulated by the Arkansas State Health Department, and a customer or individual has to tie onto a wastewater line if it is within 300 feet of their home. If they are 300 feet or more away, then they can use a septic tank. He said it is the State’s practice if they are within 300 feet of a sewer line that comes in after the fact, they are not made to tie onto wastewater system until their septic tank fails. The Health Department would not issue them a new permit to replace the septic tank; therefore, they would have to tie onto the wastewater system. City Manager Kent Myers stated that Ms. Taylor is unable to participate in the cost of $4,545, and Ms. Taylor advised that she is disabled. She explained that her kitchen sink and washing machine are not on her septic system and are running out into the ditch. She said that she was not made aware this was illegal until recently; and she was trying to repair it but could not afford it. Director Daniel questioned where they will be connecting, and Mr. Cochran advised that it will be the manhole just adjacent to the corner of that property going across the street. Director Daniel asked if other occupied houses would be able to be serviced off that one pump. Mr. Cochran explained with these types of pumps, only two homes can be served. However, as Director Smith suggested, his department will have to go out and research the remainder of the neighborhood to determine if anyone else is having a problem in the 700 block. Director Edwards stressed this is the only request he has ever had to help with a situation like this. Director Maruthur said that she did not have a problem with this but would like to see if there are other people the City could help in that area to spread the cost. Director Weatherford asked if he had the money in his budget for this, and Mr. Cochran advised that he will have to take it out of Unsewered Areas or Sewer Line Improvements. However, this early in the year, he believes he will have the funds to do it. Board of Directors Meeting 7 February 20, 2006 at 7:00 P.M.  Director Weatherford questioned if he will have the funds if he discovers there are five more houses that have to be hooked on. Mr. Cochran advised that he will have to do another estimate and assumed that he would bring it back to the Board. City Manager Kent Myers pointed out that the only action before the Board tonight is to spend up to $5,000. Therefore, any extension in this area that would exceed $5,000 would have to come back to the Board. Director Weatherford questioned if there are five more houses for a total of $25,000 if he would deny those, and Mr. Cochran explained that would be left to the Board to make that decision, which would be on a case-by-case basis. City Manager Kent Myers noted if the Board wants staff to research this for other houses in the area and make this a broader type of collection system, then the Board needs to table action tonight. He pointed out the only action the Board is taking tonight is extension in this area to this house at a cost not to exceed $5,000. Director Maruthur asked if an amendment could be made to the resolution approving this and then the cost be different if other homes are found. City Attorney Brian Albright pointed out it is unknown how many homes there are and whether there would be any contributions that would be given by the property owners. Therefore, he is not sure if the amendment would propose that the City pay for all of it or everything except the impact fees. He noted there is a lot of openness to this, and he is not sure the Board would be able to put that in the form of a resolution. Director Maruthur asked if it would save the City money to delay service to this home and then spread it to a couple of other homes. Mr. Cochran replied that this is going to be served by a grinder pump station. If another home is found, the pump station could be positioned between the two homes, add the other one later, and still be within the $4,500. If there is a third or fourth home, other pumps stations or lines would need to serve those. However, the City can only serve no more than two homes with this pump station. With the money the Board is approving tonight, he said it is possible to serve an additional home within the $4,500. Mayor Bush then called for a vote on the motion to adopt the resolution; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Edwards, Daniel, and Bush, total 6. Voting “no”: Director Weatherford; motion carried. Whereupon the resolution was declared adopted. Board of Directors Meeting 8 February 20, 2006 at 7:00 P.M. 26 Request from Dr. Brian Reilly Regarding Chiropractic Coverage to City Employees Dr. Brian Reilly stated that ERISA is a federal law that allows for self-insured and self- funded groups to avoid state-mandated insurance laws; therefore, the City does not have a benefit for its employees to see a chiropractic physician. He mentioned there are 605 employees in the City, and the City pays $371 per person, per month, which is almost $250,000 a month, and $3 million a year in health insurance that does not cover a chiropractic physician. For approximately the cost of a one-month premium, he said the Family Care Chiropractic Center can make a contract with the City to provide up to12 visits for each one of its employees per year, which would allow for a healthier work force, increased productivity, better safety on the job, and provide for the standard of care that is mandated by the Arkansas insurance laws. Director Maruthur asked if he treated many people who have a problem because of repetitive motion and action; and Dr. Reilly said that he did, such as carpal tunnel syndrome. He stated that he treats this without relying on drugs or surgery, thereby eliminating pain pills or anti-inflammatory drugs, which might affect their work. Director Daniel questioned if the City needs to put this service out for bid; and City Attorney Brian Albright advised that if the Board were to consider it, the City would have to waive the bidding requirement. However, this is just a matter of consideration; and Dr. Reilly has presented some literature tonight that refers to some laws, which he wants to review prior to giving any opinion. Director Maruthur asked if he had individuals who come to him on a regular basis that are on a maintenance program, and Dr. Reilly said they come for care that they need as they need it so they can continue to do their work. He stated when he treats them, they are able to return to work without the pain they were experiencing. Director Maruthur asked if this eliminates their need to possibly see a medical doctor, and Dr. Reilly replied that was correct. He added that persons on Medicare, who see a chiropractor, incur half the yearly medical expenses than those who do not. He said that does not mean the people who see a chiropractor do not go to a medical doctor. It just means that their health costs are half the price; and being a self-insured group, it would be re- analyzed at the end of the year and would save the City money. Director Smith expressed appreciation to Dr. Reilly for his presentation and stated since the Directors are hearing this for the first time, the City will do some research. 27 Request from Mr. Barry Manzey Regarding Compost Load Charges Board of Directors Meeting 9 February 20, 2006 at 7:00 P.M.  Mr. Don Cochran, Director of Utilities, advised that staff has received a request from Mr. Manzey to consider adjusting the charges for compost loading; and staff’s recommendation is that the fees remain as they are currently. He stated that Hot Springs residents pay $6 per cubic yard up to three cubic yards and then $15 a cubic yard thereafter for loading compost; all other customers pay $15 a cubic yard. Mr. Barry Manzey, 627 Springwood Road, stated the solid waste for the county residents who are on the system reach the same place as the City does. He commented since the county residents are paying a higher rate and are paying for the system, the county residents should at least enjoy some of the City benefits by a lower rate. Also, he suggested having a system and a non- system user rate. Director Maruthur stated that anyone who is receiving water and wastewater services is burdening the City’s system and should pay more in fees. She suggested that he annex into the City or pay more. Mr. Manzey said county residents are paying a higher rate as it is, and Director Maruthur pointed out they are doing it because it costs more for the City to serve the County due to break- downs and replacing parts. Mr. Manzey stated if he were on a lift station where the City had to come out on a regular basis to maintain it, he could understand it. However, they are on a gravity flow where he is located and believes they are paying their fair share. City Manager Kent Myers asked if the $15 charge is a full-cost recovery or does the City still subsidize the composting operation at $15 per cubic yard. Mr. Don Cochran, Utilities Director, stated that a cost analysis has not been made because the cost of selling compost in no way offsets the cost of the operation of the facility. City Manager Kent Myers asked if the Wastewater Fund generates enough off of revenues to cover costs for the composting operation, and Mr. Cochran advised that it does not. City Manager Kent Myers pointed out that the City is subsidizing that. Therefore, the City is not charging enough to cover the cost as it is; and if the Board were to lower this fee, all customers, including city residents, would be bearing more of the costs. Mr. Manzey questioned raising the rate to one rate for everybody to pay that is on the system, and Mayor Bush advised that the Board does not want to do that. Board of Directors Meeting 10 February 20, 2006 at 7:00 P.M.  Director Weatherford asked where Mr. Manzey lived, and he said that he lives at 627 Springwood Road, which is off Majestic Lodge Road. Director Weatherford asked how many times the City pumps that to Davidson Drive, and Mr. Cochran said that it is probably going between four to six pump stations to get to Davidson Drive. Director Edwards asked if he would form a coalition and bring everybody into the City, which would save on the compost, house insurance, water, and sewer. Mr. Manzey said that he did not know why they were not in the City already. Director Edwards asked if he could bring him a petition and get everybody to sign it, and Mr. Manzey said that he would walk the neighborhood. Mayor Bush asked that Director Edwards take a petition for annexation to Mr. Manzey. 28 Request from Mr. Bob Shirley and Residents of T. V. Hill Road Area Regarding Funding for a Traffic Noise Study along Dr. Martin Luther King, Jr. Expressway Mr. Bob Shirley, 225 T. V. Hill Road, said that the residents of T. V. Hill Road are requesting that the Board consider the funding of a noise analysis of their neighborhood. He stated that in 1987, when the Dr. Martin Luther King, Jr. Expressway was opened to traffic, the T. V. Hill Road, Woodcrest, Pinecrest and Southern Hills Subdivisions were already established and enjoying a peaceful, neighborhood lifestyle. Since the opening of the Expressway due to the increasing traffic, they have had a serious deterioration in their way of life. Many find difficulty in sleeping and find patios, decks, etc., unusable. In 2004, they circulated a petition which was signed by 66 residents of the area. This petition was sent to the City Engineer’s Office, to the Board of Directors, and then to the Arkansas State Highway and Transportation Department. On August 19, 2004, five homeowners of the area attended a meeting with the Environmental Division of the Arkansas State Highway and Transportation Department to discuss the noise problem. The results of that meeting was that a noise study would have to be done in the area. The results were sent to the neighborhood in late July 2005. The conclusion of the noise analysis was that seven to ten homes had noise levels that are above the federal criteria for consideration of noise abatement measures. The study also concluded that the cost of the proposed wall would be approximately $600,000 or $60,000 to $80,000 per home affected. The wall would have to be approximately 1500 feet long and approximately 15 feet high to provide protection for the homes. Mr. Shirley stated that the residents disagree with the findings of this study, and another noise analysis would result in showing that the noise problem has increased since the last study. He noted that current traffic flow in the area is approximately 41,000 vehicles per day, and the residents also believe the cost of reducing the noise Board of Directors Meeting 11 February 20, 2006 at 7:00 P.M. level can be done at a much lower cost than the earlier study indicates. He requested the Board’s consideration of funding a new noise study. City Manager Kent Myers referenced an October 17, 2005 letter from Mr. Bob Walters, Chief Engineer of the Arkansas State Highway and Transportation Department, to Public Works Director Steve Mallett. The letter mentioned the noise allowance conducted April 2005, and Mr. Walters concluded that the Arkansas State Highway and Transportation Department has no Phase 2 program which authorizes noise abatement after a highway is completed and operational due to funding restrictions. Mr. Walters indicated there was no federal funding available to construct any type of noise barrier for the affected residents. If the department were to construct an effective noise barrier at a cost of $60,000 to $80,000 per residence, he said it would be entirely from State funds. Given the fiscal constraints the State is experiencing, it is not feasible or prudent to expend funds on an ineffective vegetative berm. If the City wants to pursue visual or noise barrier options, Mr. Walters stated the Arkansas State Highway and Transportation Department is willing to assist in the analysis and design of any proposed visual or noise barriers for this area. Director Maruthur said that she has always been supportive of the different subdivisions in that area and pointed out that citizens are moving in the Forest View Subdivision. She mentioned that she was opposed to the recommendation of a wall in District 2 when the Civic Center expansion was proposed. She commented that she believes a wall would degrade their property values and hurt the development in that area. She stated there is vegetation that can be planted in the area, and there is a Poplar tree that is used for wind and sound control in different parts of the United States and is planted by Alliance Rubber Company. She pointed out that citizens have purchased property in this area since the construction of the expressway, and there has been a movement out in that direction. She stated that the expressway gives them an advantage that many people do not have. She pointed out this has been there since 1987 and will get louder, but there are alternatives. She stressed that it does not meet the criteria and believes the City should look at alternatives but did not think a wall is in the best interest of the area. Mr. Shirley stated that the farther west on T. V. Hill Road, there are two or three homes that are elevated and that is basically why he believes they are referring to a 15-foot wall. He added the farther east down on T. V. Hill Road, the homes are lower; and that is why they felt that possibly a six-foot wall would at least reduce the amount of noise. Director Edwards asked if he has talked with anyone east from where he lives, noting that Holmes Goslee is selling the garden homes before he gets them framed. Mr. Shirley noted that many of the garden homes in that area are by berms. Board of Directors Meeting 12 February 20, 2006 at 7:00 P.M.  Director Weatherford said that he lives west of Mr. Shirley, which is on the other side of Central and against the expressway. He stated that along the street where he lives, there are probably 15 or 20 homes; and he does not remember a home in ten years going up for sale for any reason, especially noise from the expressway. He said that he spends a lot of time in his backyard in the summer and does not hear the expressway, noting that he lives as close to the expressway as Mr. Shirley. Director Maruthur suggested that they do a small berm and then plant trees similar to those by Alliance Rubber Company, which are tall and are to be very protective of noise and wind. Public Works Director Steve Mallett said that in Mr. Walters’ letter, they do not feel that anything other than a wall would actually provide noise abatement. He explained that the Arkansas State Highway and Transportation Department has a criteria that it has to reduce the decibel level of at least 10 decibels, and they do not believe that anything other than a wall will do that. He added they feel that vegetative berms, etc. will be in the two to four decibels reduction range, which they do not feel is worth spending State money. However, they did indicate it will help; and they will be willing to assist with the recommendations but will not put any money toward this. Director Maruthur suggested that possibly the Beautification Commission could look into this. She said that she comes from an area where they constructed a skyway through the center of a residential neighborhood and ended up planting vegetation, which really helped. Director Daniel asked if they are talking about strictly Highway Department money or if there is any federal DOT money available. Mr. Mallett replied they have four criteria, and it really does not meet any of those. They say the State could do it at their discretion with some discretionary money; but they do not have any funds available for that. City Manager Kent Myers advised that Mr. Shirley has already talked to Senator Terry Smith, but he is unable to identify any funding available for this project. Mayor Bush expressed appreciation to Mr. Shirley for his presentation. 29 Proposed Resolution No. R-06-76 A resolution entitled, “A RESOLUTION AWARDING A CONTRACT FOR ENGINEERING SERVICES TO CARTER AND BURGESS ENGINEERING FOR THE HIGDON Board of Directors Meeting 13 February 20, 2006 at 7:00 P.M. FERRY ROAD UTILITY RELOCATIONS PROJECT,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, stated this project consists of relocating water and wastewater lines outside of the highway right-of-way on Higdon Ferry Road from the Dr. Martin Luther King, Jr. Expressway to Highway 7 South. The estimated engineering services cost is $207,000. These fees are based on an hourly fee schedule, and this project is budgeted in the Water Distribution and Wastewater Collections Capital Budget for 2006. 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. 30 Proposed Ordinance No. O-06-16 An ordinance entitled, “AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY (COCA BAY POINT) TO THE CITY OF HOT SPRINGS, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF HOT SPRINGS; AND ASSIGNING SAME TO DISTRICT,” was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Smith, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Daniel, duly seconded by Director Weatherford, 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. 31 Proposed Ordinance No. O-06-17 An ordinance entitled, “AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF HOT SPRINGS, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF HOT SPRINGS; AND ASSIGNING SAME TO DISTRICT,” was taken from the agenda for consideration. (Catalina Circle) Board of Directors Meeting 14 February 20, 2006 at 7:00 P.M.  A motion was made by Director Edwards 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 Edwards, 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. 31A Proposed Ordinance No. O–06-18 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PURCHASE OF ODOR CONTROL EQUIPMENT; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Edwards, 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 Edwards, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Mr. Don Cochran, Director of Utilities, advised this is in his budget for this year; and they are buying three units at a total cost of $160,000. They will go at lift stations Hot Springs No. 1, Tanglewood, and Highway 70 West Lift Station No. 11. 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. OTHER BUSINESS 32 Board of Directors Items Director Jones reported that she had information from the Hot Springs Assistant Superintendent; and on February 22 and 23, there will be a writing assessment at the school. In March, there will be math, reading and language art tests for grades 3 through 8 and 11th grades. She stated that for two years, the African-American children were not scoring high enough on their math Board of Directors Meeting 15 February 20, 2006 at 7:00 P.M. tests; and she urged all the parents to get their children off the computers in the afternoon and do their homework so they can get their scores up in math, reading and writing. She asked the churches to get together and see that the children bring their grade points up in math. Director Weatherford said that since he took most of the criticism for the fairgrounds not being rezoned four weeks ago, he wanted to take this opportunity to welcome Mr. Charles Shears and Mr. Michael Moore and their company, SDI Realty, to Hot Springs. He stated with the extra four weeks since the rezoning was discussed and not approved, the City, SDI Realty, St. Joseph’s Mercy Health Center, and other individuals solved many of the traffic situations in the area of the new shopping center. He thanked everyone involved for their patience and cooperation. Director Edwards expressed appreciation to the Street Department for the excellent job they did this last week during the snow. Director Maruthur said the Board was very wise in delaying the rezoning of the fairgrounds property so that everyone could get together in a very productive meeting, which included the public, the Planning Commission, the Board, the developer, and St. Joseph’s Mercy Health Center. She stated that she believes everyone will benefit because they found out some information they did not have about several parcels being rezoned and that it put it under a subdivision. She thanked Director Weatherford for his action. Regarding street lights, she said citizens may call 1-800- ENTERGY or 1-800-368-3749. For prompt repair service, citizens need to give the street number ID, which is a metal tag that is on the light pole and starts with SL followed by four numbers, and also provide the street name. She announced there is a program for visibility around corners; and if citizens live where vegetation or something is blocking their ability to make a safe turn when driving, they may report it to 321-6861. This project has just begun, and she will provide more information at future Board Meetings, as well as a notice in the newspaper. She noted that the City is dependent on citizen’s complaints to react to this. Director Smith announced that the Quapaw Community Center will have a taste of the Quapaw fund-raising event this Friday night at the Quapaw Community Center from 6 p.m. to 9 p.m. There will be dancing, food, and a silent auction. Tickets are $15 per person or $25 per couple. For tickets, individuals may call 623-9922. Mayor Bush complimented Director Smith on the Quapaw Community Center noting he has had heard positive comments from the public. 33 City Manager’s Report Board of Directors Meeting 16 February 20, 2006 at 7:00 P.M.  City Manager Kent Myers gave the following report: 1. Progress is being made at Kimery Park, such as improvements to the ballfields; and restroom construction has started. They are on schedule to get most of the improvements done prior to opening day in April. Later this year, there will be improvements to the tennis courts. There have been numerous volunteers working out there, and he recognized Mr. Milton Raabe, who has go above and beyond the call of duty to oversee some of the improvements. 2. He has two trips to Washington, DC in the next 30 days. The LeadAR Leadership group will be going this weekend to Washington DC visiting with a number of federal agency representatives, the City’s Congressional delegation and Congressional staff members. They will be meeting with Homeland Security, Department of Education, and a number of federal representatives. A week later, he, Mayor Bush, Director Daniel, Director Smith, and Director Jones will be attending the National League of Cities Annual Conference for two days and will spend two days meeting with the Congressional representatives and their staff members. He will have a packet of information for the Board detailing the key issues that they want to discuss during those meetings. The Directors will have a packet to review prior to those meetings so they can be well versed on the issues they will be discussing. If anyone in the community has a specific issue that they would like us to bring up during their trip to Washington, DC, they may give him a call; and he will add that to the list. 3. Reference checks are still ongoing for the Planning and Development Director position and hope to have that completed by tomorrow and a decision by tomorrow or Wednesday. 4. He read an announcement from Public Information Officer Terry Payne. Hot Springs and Hanamaki, Japan, will jointly participate in two arts-related events in the next several months. First one is an international showcase of young artists. The deadline is March 17; and for any young artists between 13 and 18, there is a contest for two-dimensional artwork and a short film or documentary. All entries will be shown at the Malco Theater during the April Gallery Walk, and one winning entry from Hot Springs and Hanamaki will be displayed in Washington, DC this summer. There will be a “What’s Up Doc” Documentary Film Festival in April for children in Grades K through 6. Hot Springs and Hanamaki students will view the films at the same time and then discuss their reactions to the film through mail or e-mail. For further information, individuals may contact Ms. Terry Payne at 321-6806. 5. There is a new City employee fitness program, and the City is trying to use this to set a standard in the community to get employees more involved in improving their physical health and hopefully get the message out to the entire community. During the kick-off event a week ago, more than one-fourth (¼) of the City’s workforce joined the wellness program. They have joined color- Board of Directors Meeting 17 February 20, 2006 at 7:00 P.M. coded teams that are working out, quitting smoking, and losing weight. The name of the six-month wellness campaign is “Get Moving,” and the City has challenged Garland County, as well as The Sentinel-Record, to get moving also. He noted it should pay some long-term dividends in terms of health insurance costs and workers’ compensation claims. Director Maruthur requested when City Manager Kent Myers speaks to the Homeland Security representative, that he give an assessment of homeland security in Hot Springs, including City Hall and all of the other city facilities. City Manager Kent Myers advised they will have a meeting with Mr. James Lee Witt, the former head of FEMA. Director Edwards said he wants to send a letter by City Manager Kent Myers to Congressman Mike Ross that the VA gave him. Director Jones expressed appreciation for Mr. Elmer Beard’s presence, who represents the NAACP and the Pleasant Street Association. 34 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:20 p.m., to meet again on Monday, March 6, 2006, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 18 February 20, 2006 at 7:00 P.M.