Board of Directors

MINUTES BOARD OF DIRECTORS MEETING JUNE 5, 2006, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, June 5, 2006, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Brian Gaskill, 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 May 22, 2006 Board Meeting A motion was made by Director Edwards, duly seconded by Director Maruthur, that the minutes of the May 22, 2006 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Director Edwards recognized two residents of the Burchwood Bay area. CONSENT AGENDA  The Consent Agenda consisted of the following: 5 Public Safety Report (May 24, 2006). Item No. 06-69 [Request to install a mid-block crosswalk from the downtown post office to the Hill Wheatley parking lot] and Item No. 06-73 [Reconsider parking in the 1000 block of Central Avenue] removed from Public Safety Report for separate consideration 6 Proposed Resolution No. R-06-198 Approving the Extension of Hot Springs Municipal Wastewater Service to Glencairn Subdivision, Phase I. 7 Proposed Resolution No. RB06-199 Approving an Agreement with West Central Planning and Development District for Administration of the HOME Program on Behalf of the City. 8 Proposed Resolution No. R-06-200 Authorizing the Transfer of Three Vintage Streetcar Trolleys to the Hot Springs Advertising and Promotion Commission Subject to Approval by the Federal Transit Administration. (Removed from Consent Agenda for Separate Consideration) 9 Proposed Resolution No. R-06-201 Approving the Construction of a Sculpture Garden Within the Transportation Plaza. 10 Proposed Resolution No. R-06-202 Accepting a Grant from the State of Arkansas (D.W.I. and Other Drug Countermeasures and Occupant Protection Program). A motion was made by Director Edwards, duly seconded by Director Weatherford, that the Consent Agenda be approved. A motion was made by Director Smith, duly seconded by Director Jones, to add an item to the Consent Agenda (annual block party for the Quapaw/Prospect area from Rose to Violet Street on Sunday, June 11); and upon voice vote, the motion unanimously carried. Board of Directors Meeting 2 June 5, 2006 at 7:00 P.M.  Director Maruthur requested that Item No. 5 (Proposed Resolution No. R-06-200 Authorizing the Transfer of Three Vintage Streetcar Trolleys to the Hot Springs Advertising and Promotion Commission Subject to Approval by the Federal Transit Administration) and Item No. 06-069 (Request to install a mid-block crosswalk from the downtown post office to the Hill Wheatley parking lot) and 06-073 (Reconsider parking in the 1000 block of Central Avenue) of the Public Safety Report 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 Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. UNFINISHED BUSINESS 11 Proposed Ordinance No. O-06-43 An ordinance entitled, AAN ORDINANCE ACCEPTING CERTAIN STREETS WITHIN THE SHALE CREEK SUBDIVISION AS PUBLIC STREETS; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Jones, 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 carried, with Director Edwards voting Ano.@ The ordinance was then read for the first time by title only; and upon the question AShall 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, Director Edwards recognized Ms. Mary Ann Kimberlin, 204 Shale Creek Trail; and Ms. Bobbie Johnston, 208 Shale Creek Trail, who stated they are in the city limits but do not receive any benefits from the City. Director Edwards said that in a conversation he had with the residents, they are willing to pay the costs to the City to bring these streets up to City standards. Mr. Ken Anderson, who owns lots in the Shale Creek Subdivision, stated there is a problem with a culvert, which was plastic, where someone had burned leaves and melted the culvert; and the Street Department made photos, which can be produced. He said that he has a petition signed by 30 of the 38 property owners, and the other eight property owners were out of state or he could not reach them. He commented that the Board of Directors Meeting 3 June 5, 2006 at 7:00 P.M. original developer said the property owners would pay for the maintenance of the street, which was 10 or 12 years ago. However, the developer and the property owners are no longer here. He stated that most of the property owners thought that the streets were city streets and would be maintained by the City until they had this problem. When they checked on the repairs, the City stated the streets belong to the subdivision. He advised that the property owners want to pay their share of the expenses, and they are willing to distribute the cost among the property owners. Mayor Bush said he assumed the 30 property owners stated if the City requires them to bring this up to a certain standard, then they will do that, and Mr. Anderson replied that they would. City Manager Kent Myers asked when he proposed to develop the remainder of his property, and Mr. Anderson replied there are eight lots remaining; and that will start almost immediately. City Manager Kent Myers pointed out that one of the concerns the Board has, in addition to the $4,700 in improvements, is the repaving of that section of road through there, which might have to be repaved in the next couple of years. He asked if he would be willing to participate in the repaving of the road at the same time he develops the other lots. Mr. Anderson said that he cannot commit to that because he would have to see the estimate. City Manager Kent Myers pointed out if he is willing to repave the entire existing street since it will benefit his subdivision, the City could require him to post a bond to ensure that would happen. He added it will be difficult for him to develop the remainder of his lots with the streets in that condition and will provide a value to him. Mr. Steve Mallett, Public Works Director, advised that the $4,714.32 relates to the culvert ($4,514.32 and $200 for a water pump). He added the estimated cost now is approximately $28,000 to totally resurface the existing streets, and most likely it will be two to four years before the City would resurface due to the conditions of the street. City Manager Kent Myers asked Mr. Anderson if he would be willing to assume those costs, or the Board can table the ordinance, which would give him time to consider it. Director Smith questioned the $4,514.32, and Public Works Director Steve Mallett replied that it covers the replacement of the culvert but does not address any other modifications or improvements to the roadways at this time. Board of Directors Meeting 4 June 5, 2006 at 7:00 P.M.  Director Smith commented that at some time this whole area has to be paved and has been a private road for ten years and would want the streets paved including the whole loop. He said that Mr. Anderson will probably want to discuss this with the property owners. Director Maruthur stated this was originally designed to be a gated community, and Mr. Anderson replied that it was not. He added it is a planned development and would not be possible to install a gate because there is a county road that goes off to the side. Director Maruthur asked if the person who built this marked it as a gated community, and Mr. Anderson said that he did not. Director Maruthur said according to Deputy City Manager Lance Hudnell, it was. Deputy City Manager Lance Hudnell replied that the original proposal was for a gated community in August 1992. Director Daniel questioned how many lots are undeveloped in the subdivision, and Mr. Anderson replied that there are eight in Phase I. He added that Phase II is unrecorded, and he owns part of it. Deputy City Manager Lance Hudnell explained that the preliminary plat was never acted upon, and that area would have to come back to the Planning Commission and be replatted. Mr. Anderson pointed out that Lots 14, and 15 through 21 abut Creekview Subdivision, and half of those belong to the people in the Creekview Subdivision so they could have added space. He commented that the City is asking him to pay for everybody else. Director Maruthur questioned if this would open the City up to the situation for adoption at Huntleigh Woods Townsquare and County Club Village, and City Attorney Brian Albright stated that it would not necessarily. He pointed out this is a different situation in that the property that is undeveloped to the north and east of what has been developed is essentially landlocked. He added they would have to have access through the existing roadways which they would have to acquire through a private easement or the City=s condemnation of an easement in order to access areas that would be eventually public streets. Director Maruthur asked if the City would be obligated if these other subdivisions wanted adoption from the City, and City Attorney Brian Albright explained that the City is not obligated either way. He said that he did not want to give the impression that other subdivisions such as this could not come to the City and ask for the City to accept their Board of Directors Meeting 5 June 5, 2006 at 7:00 P.M. streets for city maintenance. He added that each one would be judged on its individual merits. Mr. Anderson stated they are asking for the existing streets to be accepted into the City that they have been paying taxes on and developed houses, which generate tax income and developing more which could continue to add to the tax rolls. City Manager Kent Myers asked when he purchased the property, and Mr. Anderson replied that it was four years ago. City Manager Kent Myers said that he basically purchased the property with the streets in their current condition, and Mr. Anderson replied that he did but thought it belonged to the City as did the other property owners. Ms. Carol ALori@ Wood, 100 Shale Creek Court, said she purchased her home on October 31 and took possession in mid-November and had potentially dangerous, but at the time not obvious problems with damage to the street in front of her home and assumed that the City was maintaining the streets. However, when she called about a repair to a hole in the street, she was informed that the City was not responsible for her street and discovered that she had three inches of asphalt covering approximately 3-1/2 feet of nothing. She stated the support structures beneath the street were completely gone. She requested that the City take over the repair and maintenance of their streets and that the City assess them for the initial cost. Director Daniel asked if he understood her to say that she was willing to be assessed, and Ms. Wood said that she was and was told by Mr. Denny McPhate, Engineering Supervisor, that all they had to do was get the streets up to standard; and he saw no problem wherein the City would not take over the streets after that if they initially paid the $4,700 to repair the street. She said that he told her as long as the property owners were willing to pay the initial cost, the City would take over the care and maintenance of their streets since they are paying taxes for this service. Director Daniel said that he understood the $4,700 was only for the culvert, and Public Works Director Steve Mallett advised that is to repair the drain only. He commented that the City inspected it, and the pavement is not in such a bad condition at the present time to where it would have to be paved immediately, but it would be two or three years later. Director Maruthur questioned how many times this has been considered by the Board of Directors, and Deputy City Manager Lance Hudnell advised that it has been Board of Directors Meeting 6 June 5, 2006 at 7:00 P.M. before the Planning Commission to make a recommendation to the Board with regard to accepting these streets in 1996 and was denied at that time. However, there have been several discussions over the years with the property owners. A motion was made by Director Maruthur, duly seconded by Director Weatherford, that the ordinance be tabled until the first meeting in July for more research on the numbers and some of the involvement with the County. Upon discussion, Director Weatherford commented that the streets are not wide enough and if they want them up to City standards, they have to increase the width. Ms. Wood stated that Mr. McPhate informed her that was not necessary. Director Edwards asked if the width of the streets came up to city standards, and Public Works Director Steve Mallett replied that for a new street, the specifications are for 24-foot wide pavement, but he has the authority without going to the Board or any adjustment B the minimum street width by his authority is 20 feet. If there is a reason on a new street where they could not be constructed because of a steep slope or cliff, then it is within his authority to grant a 20-foot wide street, which is what these are. If it were built new and they did not have any reason not to come back, then he would ask for 25 foot width, but there are many streets in town that are 20 feet wide and have been accepted in the past due to certain reasons. Any streets constructed outside of that on the other side of the streets that are there would have to be 24 feet wide with curb and gutter. He stressed that is paving, not right-of-way. Director Edwards stated that the residents he spoke to over the weekend want their street brought up to standard as much as possible and want the City to do the work, and they would pay the City. Deputy City Manager Lance Hudnell advised that the streets were platted with 40-foot of right-of-way but 20 foot of paving. Therefore, they have the correct right-of-way with curb and gutter but do not have the correct amount of paving. Mayor Bush then called for a vote on the motion to table; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Daniel, and Bush, total 6. Voting Ano@: Director Edwards; motion carried. NEW BUSINESS 5 Public Safety Report Board of Directors Meeting 7 June 5, 2006 at 7:00 P.M.  Item No. 06-69 Request to install a mid-block crosswalk from the downtown post office to the Hill Wheatley parking lot. According to the Public Safety Committee, a crosswalk at this location would require AHTD approval. Citizens are encouraged to cross the street at the protected crosswalk, which is within 125 feet of this location. The recommendation of the Public Safety Committee is to deny the request. A motion was made by Director Maruthur to consider this request. There being no second, the motion died for lack of a second. Item No. 06-73 Reconsider parking in the 1000 block of Central Avenue. A motion was made by Director Maruthur, duly seconded by Director Jones, to reconsider parking in the 1000 block of Central Avenue. Upon discussion, Mr. Lee Chatterton, 1008 Central, distributed an information sheet stating that he, his dad and mother own the Central Theater at 1008 Central Avenue. He spoke of the following concerns: (1) no business can operate being landlocked, and the taking of the 18 possible parking spaces in the 900 and 1000 blocks is a great loss; (2) most of the theater loading and unloading must be done through the front door; (3) they cannot park tour buses but on the street in front of the theater as they do not have a parking lot of their own; (4) on show days, they could not sell tickets if the tourists cannot stop and come in; (5) with no parking, the property is devaluated and the theater is the oldest remaining theater in Hot Springs. Erected in 1927, the building is clear span and seats 512; (6) the back street is too narrow for active customer parking, and tour buses cannot make the corners. Due to low phone wires, the Sanitation Department will not even allow them to have a metal dumpster; (7) the building is designed, remodeled and zoned Live Theater as of 1900; (8) their personal apartment is in the front, north corner next to the outside wall; (9) they will no longer have a sound and vibration buffer from passing traffic like 80,000 pound diesel trucks developing speed going south from Market Street; (10) they have a current city business license in good standing and pay all business and property taxes under Central Country Music Theater and Gift Shop. The theater is maintained in a ready-to-open status; (11) businesses in the 900 and 1000 block of Central will have almost no legal parking places. The old pharmacy parking lot is private property; and (12) all possible tourist business will be lost and bring hardship to all property owners and investment loss. The parking places are gravely missed. Mr. Chatterton asked that the Board consider any considerations in the future to restore the parking in any way they see in the future because at this time it is a big loss to their family and businesses in that area. Board of Directors Meeting 8 June 5, 2006 at 7:00 P.M.  Director Maruthur questioned why this item was not placed on the agenda for separate consideration since they requested the opportunity to speak to the Board. City Manager Kent Myers explained that the Board decided to leave it on the Consent Agenda at the agenda meeting. However, if the property owner appeared, it would be removed from the Consent Agenda. He added the Directors were not positive if Mr. Chatterton would be present. Mayor Bush then called for a vote on motion to reconsider parking in the 1000 block of Central Avenue; and upon roll call, the following voted Aaye@: Director Edwards. Voting Ano@: Directors Maruthur, Jones, Smith Weatherford, Daniel, and Bush, total 6; motion failed to reconsider parking in the 1000 block of Central Avenue. 8 Proposed Resolution No. R-06-200 A resolution entitled, AA RESOLUTION AUTHORIZING THE TRANSFER OF THREE VINTAGE STREETCAR TROLLEYS TO THE HOT SPRINGS ADVERTISING AND PROMOTION COMMISSION SUBJECT TO APPROVAL BY THE FEDERAL TRANSIT ADMINISTRATION,@ was taken from the agenda and read by title only. A motion was made by Director Weatherford, duly seconded by Director Edwards, that the resolution be adopted as read. Upon discussion, Director Smith questioned the condition and value of the trolleys, and Mr. Bob Reddish, Intracity Transit Resident Advisor, advised that the trolleys are in good enough shape to run on an occasional basis, such as a charter. As far as putting them on a permanent, fixed route for any extended period, he believes they would require extensive repairs. He said he would value them between $5,000 and $7,000 each. He pointed out they need new floors, which will be about $20,000 each; the wheelchair lifts are questionable and are between $8,000 and $10,000. There is no air conditioning in them, and the exterior wood needs to be refurbished or replaced. For the three units, it will cost about $90,000 to $100,000 to get them operational and safe to run consistently on a fixed route basis. Director Smith said under the Federal Transit Administration, it is his understanding the City of Hot Springs would only get a maximum of $1 less than $5,000 ($4,999) if the City were to sell them for an excess of that amount. Mr. Reddish replied that if the City sells them for $4,999, it keeps the entire mount. If the City gets $5,000 or more, it keeps 20 percent of it or $1,000. Board of Directors Meeting 9 June 5, 2006 at 7:00 P.M.  Mr. Ted Burhenn, 318 Trap Mountain, spoke against the transfer pointing out that the trolleys have a vintage type ambience that adds to the City. He commented that on E-Bay, they sell for $15,000 each. He suggested that the City take them to public auction and sell them for at least $5,000. He questioned how the Advertising and Promotion Commission can keep them running when the City cannot. Mr. Steve Arrison, Executive Director of the Advertising and Promotion Commission, 307 Bellaire, stated they did not want to get in the trolley business; but these trolleys are a symbol of Hot Springs; and they have used them in all of their advertising. He explained their idea is to get one of them repaired and in good enough shape where they can use it when they have a big weekend. He pointed out they can use them for their conventions, and many of the tourists want transportation between the hotels and want the trolleys. He explained the Commission wanted to save the symbol of Hot Springs. He added they may use them 25 or 30 times a year; but if they could have just one of them to travel to different activities for the conventions, they thought it would be worth it. He stated if the City can get more money, then they have no objection. However, they did not want them to leave the City. He stressed it is not going to be a moneymaker for them, and any profits have to be returned to Intracity Transit. He noted they would have to insure them and would hire off-duty Intracity Transit drivers to drive them. Director Maruthur said that the trolleys originally cost about $240,000 each and asked if he is proposing to buy one out of the three. Mr. Arrison said they would buy one or three of them, and they offered to buy three but would take two. He noted that the floors and cosmetics are in bad condition, and they would not be able to go up and down the Mountain Tower. However, they possibly could get one or two trolleys out of it where they would have some use for them. Director Maruthur asked if the Commission is going to maintain and refurbish them, and Mr. Arrison said that is their proposal. However, they will talk to the City about storing them. He added they have to be stored in a covered area, and the Commission does not have a large enough facility, but they will pay for all the expense to repair them and hire the drivers. Deputy City Manager Lance Hudnell pointed out that the City is transferring the trolleys to the Advertising and Promotion Commission because under FTA regulations, the City may transfer them to another operating division of the City as long as they are out Board of Directors Meeting 10 June 5, 2006 at 7:00 P.M. of the IT Fund. They used to allow entities to do this for $1, but the FTA has now said a reasonable sum is around $500. Mayor Bush asked if they are they are still under the City once they are transferred to Advertising and Promotion Commission; and Deputy City Manager Lance Hudnell advised that they are still under the City umbrella. He pointed out that the Advertising and Promotion Commission is a creation of the City, and the storage and maintenance are paid out of the Advertising and Promotion Fund instead of out of the IT Fund. Director Maruthur asked if they can be returned to the City since the City is transferring them, and Deputy City Manager Lance Hudnell said that he assumed they could be transferred back into the IT Fund. or they could be transferred back to the General Fund. Mr. Bob Reddish pointed out that they are not selling to the Commission but are transferring, and they could be transferred back. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 6. Voting Ano@: Director Edwards; motion carried. Whereupon the resolution was declared adopted. 12 Claim from Myra Young Regarding Refund on Sewer Repairs at 203 Main A motion was made by Director Smith, duly seconded by Director Edwards, that the claim be approved. Upon discussion, Mr. Don Cochran, Director of Utilities, explained that on May 3, 2006, Ms. Young filed a claim for sewer repairs she made at her residence at 203 Main Street. Her claim was denied by the Utilities Department since the sewer problem was not in the City=s sewer line but in the customer=s private service line. In order to assist Ms. Young and to prevent the problem from reoccurring because this has been an ongoing problem, the City, at no cost to her, installed a new tap to the City=s line and connected Ms. Young=s plumbing to the new connection allowing her to abandon her old service line. The cost of running this service was $4,113. Ms. Young=s claim totals $138.51 for two plumbing receipts that she submitted. In addition, she submitted a statement requesting another $2,000 for replacing the heating and air unit as well as monies that she paid others. She is stating the problem with her heat and air is the result from moisture being under the house, from her sewer plumbing leaking, and had estimated repairs for the past Board of Directors Meeting 11 June 5, 2006 at 7:00 P.M. two years on her heating and air unit in the amount of $300 and replacing the unit for $1,500. Staff=s opinion is that they have been more than fair with the installation of the new service and rerouting the customer=s service line. Mayor Bush asked how much the City spent, and Mr. Cochran advised that it was $4,113 to put in a new tap and run the line up to her yard. They did that to assist her because they have been out there year after year responding to her plumbing problem. They have told her that it is roots in her plumbing line. In an effort to finally resolve this, they extended that service and went the extra mile. Ms. Myra Young, 203 Main Street, said that she called the City out one time, which was four years ago due to a water leak but was informed that it was her problem. She then called a repair man, who said it was not her problem but a problem with the City; and the City corrected that problem about four years ago. Two years ago, she had a problem with sewerage and called a repairman, who corrected the problem. She said that she called the City because she was told it was not her problem but the City=s. The engineer came to her house and looked at the situation and quoted her a price of approximately $500. She told him she would get the repair made but was not aware she had to pay the full amount. She wrote the City a check for $250, which the City held for about six months but mailed back to her because the work could not be done without the full amount. She called the City a year later because the problem occurred again and also called a plumber, who told her the problem was the City=s. She stated the Econo Rooter Company said they could not repair the problem and was the City=s problem. The City then repaired it on her behalf. As far as the heat and air unit, she was told by the repairman that the reason for her problems the last three years was due to moisture under her house, but she was not aware it was a leak from the sewage. Later she discovered that the problem with her heat and air unit was due to the moisture and had to be replaced, which was over $2,000. She stated that she paid Econo Rooter $75. There was also a charge by a repairman in the amount of $50 but could not make the repairs. She paid Mr. Levi Garland, from Arkadelphia, $150; and he dug up her front yard trying to fix the problem, which was the City=s problem. Director Edwards asked who informed her it was not her problem, and Ms. Young stated Econo Rooter came to her house to fix the problem and wrote on her receipt that it was a City problem. She called the City the next day and was told the city employees were at her house correcting the problem, but she had not called at that time. She talked to Mr. Don Cochran, Director of Utilities, who told her his employees were there to correct the problem and for her to submit her bills to the City. Board of Directors Meeting 12 June 5, 2006 at 7:00 P.M.  Mr. Don Cochran commented that he advised Ms. Young to submit her claim and take it through the process. Director Smith asked how far the City ran the new service line, and Mr. Cochran said he would estimate it was 25 or 30 feet. Director Daniel questioned if the sewer was backing up, and Mr. Cochran said that his understanding from his staff was there were roots in the line causing the problem. Director Daniel pointed out if there are roots in the line, that is not the City=s problem. Mr. Craig Stevens, supervisor, reported they have had a call at this location on several occasions and had the tv truck go out with a four-inch camera. The line runs parallel to Main Street going down, and there were numerous spots clogged up with roots; but it is the four-inch, private service line. City Attorney Brian Albright asked if all of the repairs were made on the customer=s side of the tap; and Mr. Stevens replied since they have had so much trouble with this, it was easier to run the new service. City Attorney Brian Albright asked if all of the problems were on her side of the tap, and Mr. Stevens replied that they were. Mayor Bush then called for a vote on the motion to approve the claim; and upon roll call, the following voted Aaye@: Director Jones. Voting Ano@: Directors Daniel, Edwards, Weatherford, Smith, Maruthur, and Bush, total 6; motion failed. 13 Presentation of Condemnations Mr. Bart Jones, Housing Administrator, gave a presentation on the proposed condemnation resolutions. 13a Proposed Resolution No. R-06-203 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 ( 644 PARK),@ was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the resolution be adopted as read. Board of Directors Meeting 13 June 5, 2006 at 7:00 P.M.  City Attorney Brian Albright asked if anyone was present to speak in opposition to the resolution. There being no opposition, Mayor Bush called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 13b Proposed Resolution No. R-06-204 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (660 PARK),@ was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Jones, that the resolution be adopted as read. City Attorney Brian Albright asked if anyone was present to speak in opposition to the resolution. There being no opposition, Mayor Bush called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 13c Proposed Resolution No. R-06-205 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (405 GAINES),@ was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be adopted as read. City Attorney Brian Albright asked if anyone was present to speak in opposition to the resolution. There being no opposition, Mayor Bush called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 13d Proposed Resolution No. R-06-206 Board of Directors Meeting 14 June 5, 2006 at 7:00 P.M.  A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (810 PROSPECT),@ was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Director Edwards mentioned that a letter was written to Mr. Bart Jones regarding this property. City Manager Kent Myers advised that the letter suggested the City proceed with the condemnation. He said the property has recently been sold, and the new owner contacted the City and indicated he has no problem with condemnation. The previous owner and new owner suggest that the City proceed with condemnation. City Attorney Brian Albright asked if anyone was present to speak in opposition to the resolution. There being no opposition, Mayor Bush called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Daniel, and Bush, total 6. Voting Ano:@ Director Edwards; motion carried. Whereupon the resolution was declared adopted. 14 Proposed Resolution No. R-06-207 A resolution entitled, AA RESOLUTION APPROVING THE DESTRUCTION OF CERTAIN RECORDS,@ was taken from the agenda and read by title only. A motion was made by Director Smith, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, Mayor Bush asked that Director Edwards witness the destruction of the records. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 6. Voting Ano@: Director Maruthur; motion carried. Whereupon the resolution was declared adopted. Board of Directors Meeting 15 June 5, 2006 at 7:00 P.M. 15 Proposed Ordinance No. O-06-46 An ordinance entitled, AAN ORDINANCE AUTHORIZING THE REIMBURSEMENT FOR MILEAGE INCURRED BY PLANNING COMMISSION MEMBERS IN THE PERFORMANCE OF THEIR DUTIES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Jones, 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 AShall the ordinance be passed as read?@ and upon motion of Director Daniel, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Director Maruthur asked if this is being adopted under Ark. Code Ann. '14-56-410, and City Attorney Brian Albright advised that it is under '14-56-409, which is the statute that authorizes the compensation. As written, the ordinance does not compensate for attendance at meetings but reimburses mileage for trips that the Commission members may make in inspecting properties in the course of reviewing their agenda for their commission meetings. He added that '14-56-410 is the appropriation of funds, whether it be for compensation or reimbursement. Director Weatherford commented that they are not being compensated for attending meetings. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. City Attorney Brian Albright then read the emergency clause; and upon motion of Director Jones, duly seconded by Director Maruthur, that the emergency clause be passed; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the emergency clause was declared adopted. 16 Proposed Ordinance No. O-06-47 Board of Directors Meeting 16 June 5, 2006 at 7:00 P.M.  An ordinance entitled, AAN ORDINANCE WAIVING REQUIREMENTS OF COMPETITIVE BIDDING FOR THE REPLACEMENT OF THE CHILLER AT THE ARKANSAS SCHOOL FOR MATHEMATICS, SCIENCE AND THE ARTS (ASMSA),@ was taken from the agenda for consideration. A motion was made by Director Weatherford, 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 AShall 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. Steve Mallett, Public Works Director, stated that in this year=s budget there are two projects which involve the ASMSA B one is the replacement of the roof on the Convent, currently being done with the projected surplus of about $48,700. Staff is recommending that this remaining amount be referred to the capital line for the replacement of the chiller which is the other capital item. In addition to the purchase and installation of the chiller, it will also cover the preparation for future control system for this chiller, some replacement of chilled water valves and engineering fees. Pettit and Pettit is the engineer, and they recommend that the City waive competitive bidding and award to Powers of Arkansas based on the fact the price is considered to be reasonable in comparison to other projects they have looked at and the fact that Powers of Arkansas is currently the company that is responsible for the maintenance of the chiller. Director Smith asked if they tried to bid it out, and Public Works Director Steve Mallett advised that he did not based on Pettit and Pettit=s recommendation that the City would not likely get any better bids and the fact that Powers is there to do the maintenance. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. OTHER BUSINESS 17 Board of Directors Items Board of Directors Meeting 17 June 5, 2006 at 7:00 P.M.  Director Jones complimented the firemen dressed in their uniforms and reported she has received compliments at her work on their appearance. Director Edwards stated that the resident at 810 Prospect has expressed appreciation to the City staff, Mr. Bart Jones and him for trying to help her. Director Smith announced that the Hot Springs Music Festival started today, which is in its 10th year; and for information, individuals my call 623-4763. The website is hotmusic.org. The rehearsals are free and the venues have a charge. Director Maruthur reported if street lights are out, citizens may call 1-800-ENTERGY; and if there is an obstruction at a corner or intersection, the number to call is 321-6861. She advised there are copies of the Water Conservation Program, which can be obtained at City Hall. She noted a small faucet drip can waste 15 to 20 gallons of water per day. It is suggested putting a small amount of food coloring in each toilet tank and waiting a few moments to find where the leak is. A leak in the commode can cost up to 100 gallons of loss per day. It is recommended to keep showers to five minutes, and five inches of water in the tub are good guidelines to follow. Water lawns early or late in the day rather than mid-day. After 10 a.m., evaporation robs the soil of moisture; therefore, watering after this time does not get absorbed efficiently. She commended the Public Information Department for informing citizens through Channel 15. Regarding the item that she removed from Public Safety Report that was requested by Mr. Thomas Nagin (crosswalk to the post office), she stated that a lot of older people have been crossing from the parking lot going to the post office, and there have been some close calls. She stated that something needs to be done, such as a sign indicating ANo Entry from Central Avenue.@ She pointed out that motorists turn into the post office and make the right-hand turn, which is an exit only; and also something needs to be done so people can get to the post office safely. She stated there seems to be some traffic problems, and this is where merging to the left takes place. She mentioned there was a serious accident in that vicinity on Sunday. Director Weatherford complimented Public Works Director Steve Mallett and the Traffic Service employees who have worked in CBID No. 3 in the last two or three weeks in regard to the parking, getting the lights turned on, flashing, etc. 18 City Manager=s Report Board of Directors Meeting 18 June 5, 2006 at 7:00 P.M.  City Manager Kent Myers gave the following report: 1. On the Consent Agenda, the Board approved an agreement with West Central Planning and Development District for administration of the HOME Grant Funds. This is additional HOME Rehabilitation Funds; and through this agreement, West Central Planning and Development District will apply for a $400,000 grant to administer the program. Also, the Board approved the construction of a sculptured garden in the Transportation Plaza area. Over the last several years, the City has acquired some sculptures, including one in the Transportation Plaza area. The Arts Advisory Committee has approved several more acquisition of sculptures so the idea is to get them in one location. 2. Interviews for Planning and Development Director start tomorrow and will also be held on Monday, Tuesday and Wednesday of next week. There will be sessions open to the general public at 3 p.m. on those four days. There will be a mock Board and Planning Commission meeting in the Board Chambers. 3. The Arkansas Municipal League Convention will be held in Hot Springs next week, starting on Wednesday and continuing through noon on Friday. Two of the most important sessions the Directors can attend are Thursday morning starting with breakfast, which the City will be hosting at the Convention Center. Immediately following the breakfast is the opening ceremony, which will include (1) Barbershop Quartet featuring Chuck Hannah and other local residents; (2) Fire Department Honor Guard; and (3) singing of the National Anthem by Miss Central Arkansas Courtney Tackett, a local resident. On Friday at noon will be the awards ceremony which is a luncheon meeting at the Convention Center. 4. The next regular Board Meeting is on Monday, June 19; and the Board has agreed at that meeting to include a discussion on the CBID traffic and parking situation. 5. A work session needs to be scheduled and had originally suggested meeting prior to the June 19 meeting at 5 p.m.; however, Director Maruthur indicated she had a conflict. Two other dates recommended are Tuesday, June 20 or Tuesday, June 27, at 5 p.m. His office will contact the Board on those dates. Items scheduled for discussion include a traffic master plan, new State law on shielded street lighting, amendments to the Sign Code, job audit report; strategic plan, and Energy Conservation Program. Board of Directors Meeting 19 June 5, 2006 at 7:00 P.M.  6. According to the schedule, the first Board Meeting in July is on Monday, July 3; and since the next day is a holiday, he needs direction from the Board if it wants to meet on Monday, July 3. Also, July 31 is scheduled for mid-year budget. Director Smith recommended meeting on July 10, and Mayor Bush suggested that the Board make a decision at the June 19 meeting regarding the second meeting in July. 19 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:30 p.m., to meet again on Monday, June 19, 2006, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________________ Lance Hudnell, City Clerk Tom Daniel, Assistant Mayor Board of Directors Meeting 20 June 5, 2006 at 7:00 P.M.