Board of Directors

MINUTES BOARD OF DIRECTORS MEETING OCTOBER 16, 2006, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, October 16, 2006, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Shirley Greathouse, 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, and Mike Bush, total 6. Absent: Director Tom Daniel. 2 Approval of Agenda A motion was made by Director Smith, duly seconded by Director Edwards, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of October 2, 2006 Board Meeting A motion was made by Director Jones, duly seconded by Director Maruthur, that the minutes of the October 2, 2006 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Director Jones recognized Mr. Loyd Jackson, representing the King Youth Team. Mr. Jackson stated the UZURI Project King Team is a group of young people ages 12 to 19 who were sworn over a year ago in Hot Springs through P.H.O.E.B.E. (People Helping Others Excel By Example). The purpose of this organization is to train young people to be positive leaders and resolve conflict through nonviolence. Also, they try to instill the importance of community service. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (October 4, 2006). 6 Budget Transfers - (a) Park Vehicle Repairs - $5,000; and (b) Board Reserve - $6,200 (Holiday Lighting Expense). 7 Proposed Resolution No. R-06-314 Accepting Certain Bid Awards (a) Veterinarian Services-Animal Services [annual supply contract awarded to Lake Hamilton Animal Hospital]; (b) Vacuum Truck - Utilities [awarded to Tank Technologies in the amount of $94,496]; (c) Supplemental Insurance - Human Resources [annual supply contract awarded to Unum Provident, USAble, and Visioncare]; (d) Flex Spend Insurance - Human Resources [annual supply contract awarded to Voluntary Benefits Administrators, Inc.]; (e) Pump and Control Panel Installation - Utilities [awarded to Raburn Construction in the amount of $46,615.14]; (f) Water Well Drilling - Utilities [awarded to Gilbert=s H R Drilling in the amount of $34,630]; (g) Chlorination Equipment - Utilities [awarded to BT Environmental- Rescind and Rebid]; and (h) Chlorination Equipment - Utilities [awarded to Environmental Process in the amount of $20,536]. 8 Proposed Resolution No. RB06-315 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Eagle Pass Subdivision Located at 2800 Spring Street. 9 Proposed Resolution No. R-06-316 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Bryant Hills Subdivision Located on Gracie Lane off Mountain Pine Road. 10 Proposed Resolution No. R-06-317 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Leisure Landing Condominiums Located at 201 Broadview Drive. 11 Proposed Resolution No. R-06-318 Authorizing the Mayor to Execute a Contract of Obligation with the Arkansas Department of Environmental Quality (ADEQ) to Provide Financial Assurance to Enable Permitting of a Transfer Station. 12 Proposed Resolution No. R-06-319 Confirming the Reappointment of Julius Breckling to the Hot Springs Housing Authority. 13 Proposed Resolution No. R-06-320 Accepting a Grant from the Arkansas Department of Emergency Management for Homeland Security Equipment. A motion was made by Director Edwards, duly seconded by Director Maruthur, that the Consent Agenda be approved; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. PUBLIC HEARING 14 Public Hearing on a Petition to Vacate a Portion of an Unnamed Alley Located in Morrison and Belding Subdivision This being the time and date set for a public hearing on a petition to vacate a portion of an unnamed alley located in Morrison and Belding Subdivision, Mayor Bush declared the public hearing open. There being no comments, Mayor Bush declared the public hearing closed. 15 Public Hearing on a Petition to Vacate All of an Unopened Street Located in Greenland Hills Subdivision This being the time and date set for a public hearing on a petition to vacate all of an unopened street located in Greenland Hills Subdivision, Mayor Bush declared the public hearing open. Mr. Matt Neaville, 208 Quail Creek Road, was recognized speaking in support of the street vacation. He said that he owns a piece of property on that block in Greenland Hills Subdivision and was wanting to build a home at that location. Board of Directors Meeting 3 October 16, 2006 at 7:00 P.M.  There being no further comments, Mayor Bush declared the public hearing closed. 16 Public Hearing on a Petition to Vacate Two Unnamed Alleys Located in South Hot Springs Addition This being the time and date set for a public hearing on a petition to vacate two unnamed alleys located in South Hot Springs Addition, Mayor Bush declared the public hearing open. Ms. Francelle Ledford, 127 Orchard Street, said she bought all of this property and has been paying for all of the mowing and would like to have it in her name. There being no further comments, Mayor Bush declared the public hearing closed. NEW BUSINESS 17 Proposed Ordinance No. O-06-89 An ordinance entitled, AAN ORDINANCE VACATING A PORTION OF AN UNNAMED ALLEY LOCATED IN BLOCK 16 OF MORRISON AND BELDING SUBDIVISIONS,@ 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 AShall the ordinance be passed as read?@ and upon motion of Director Jones, duly seconded by Director Edwards, that the ordinance be passed as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the ordinance was declared passed. 18 Proposed Ordinance No. O-06-90 Board of Directors Meeting October 16, 2006 at 7:00 P.M. 4  An ordinance entitled, AAN ORDINANCE VACATING ALL OF AN UNOPENED STREET LOCATED IN GREENLAND HILLS SUBDIVISION,@ was taken from the agenda for consideration. A motion was made by Director Smith, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question 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; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the ordinance was declared passed. 19 Proposed Ordinance No. O-06-91 An ordinance entitled, AAN ORDINANCE VACATING ALL OF TWO UNNAMED ALLEYS LOCATED IN SOUTH HOT SPRINGS ADDITION,@ 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 AShall the ordinance be passed as read?@ and upon motion of Director Smith, duly seconded by Director Maruthur, that the ordinance be passed as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the ordinance was declared passed. 20 Proposed Ordinance No. O-06-92 An ordinance entitled, AAN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZING AN AGREEMENT WITH CGI COMMUNICATIONS, INC. FOR CERTAIN WEB-BASED STREAMING VIDEO PROMOTIONS,@ 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 Board of Directors Meeting 5 October 16, 2006 at 7:00 P.M. time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Smith, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Director Maruthur noted this has been offered to several other cities in the State and is no cost to the City. 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, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the ordinance was declared passed. 21 Proposed Resolution No. R-06-321 A resolution entitled, AA RESOLUTION APPROVING AN ENERGY CONSERVATION PLAN,@ 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. Upon discussion, Public Works Director Steve Mallett explained in order to address rising energy costs, the City formed a committee to look at ways to conserve energy costs and has devised a brochure with conservation tips in regard to fuel, electric and natural gas. There are also seven action steps in which department will annually review their bills and conduct an energy audit of the bills. 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, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the resolution was declared adopted. 22 Presentation of Condemnation Resolutions Mr. Bart Jones, Rehab Administrator, gave a slide presentation on the following condemnation resolutions: 22a Proposed Resolution No. R-06-322 Board of Directors Meeting 6 October 16, 2006 at 7:00 P.M.  A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 112 VANTAGE,@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak in opposition to the condemnation at 112 Vantage. There being no one to speak in opposition, a motion was made by Director Jones, duly seconded by Director Smith, that the resolution be adopted as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the resolution was declared adopted. 22b Proposed Resolution No. R-06-323 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 115 LESTER,@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak in opposition to the condemnation at 115 Lester. There being no one to speak in opposition, a motion was made by Director Smith, duly seconded by Director Jones, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 22c Proposed Resolution No. R-06-324 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 125 BORDEN,@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak in opposition to the condemnation at 125 Borden. There being no one to speak in opposition, a motion was made by Director Edwards, duly seconded by Director Weatherford, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. Board of Directors Meeting 7 October 16, 2006 at 7:00 P.M. 22d Proposed Resolution No. R-06-325 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 140 CARLTON TERRACE,@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak in opposition to the condemnation at 140 Carlton Terrace. There being no one to speak in opposition, a motion was made by Director Weatherford, duly seconded by Director Smith, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 22e Proposed Resolution No. R-06-326 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 155 RAMBLE,@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak in opposition to the condemnation at 155 Ramble. There being no one to speak in opposition, a motion was made by Director Weatherford, duly seconded by Director Maruthur, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 22f Proposed Resolution No. R-06-327 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 200 ARCHWOOD,@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak in opposition to the condemnation at 200 Archwood. There being no one to speak in opposition, a motion was made by Director Jones, duly seconded by Director Weatherford, that the resolution be adopted as read; and upon Board of Directors Meeting 8 October 16, 2006 at 7:00 P.M. voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 22g Proposed Resolution No. R-06-328 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 213 POTTER,@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak in opposition to the condemnation at 213 Potter. Ms. Betty Anderson, owner of property at 213 Potter, stated she has someone who will be moving the trailer; and she will then be clearing the land. Mr. Jones said that staff=s recommendation would be to proceed with the condemnation based on the condition of the structure; and if Ms. Anderson is able to clear the property, it will save the City the trouble of doing it. City Attorney Brian Albright pointed out that the condemnation itself does not cost the property owner any money. If she removes the structure, then that saves the City the cost of the demolition or removal and would thereby eliminate the need of filing a lien. Director Maruthur said in the slide presentation, there was a dog and questioned if that has been taken care of. Mr. Jones advised that he refers them to Animal Services. A motion was made by Director Weatherford, duly seconded by Director Smith, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 22h Proposed Resolution No. R-06-329 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 217 WOOD,@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak in opposition to the condemnation at 217 Wood. Board of Directors Meeting 9 October 16, 2006 at 7:00 P.M.  There being no one to speak in opposition, a motion was made by Director Weatherford, duly seconded by Director Edwards, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 22i Proposed Resolution No. R-06-330 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 334 SANFORD,@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak in opposition to the condemnation at 334 Sanford. There being no one to speak in opposition, a motion was made by Director Jones, duly seconded by Director Weatherford, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 22j Proposed Resolution No. R-06-331 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 422 LAUREL,@ was taken from the agenda and read by title only. A motion was made by Director Weatherford, duly seconded by Director Smith, that the resolution be adopted as read. Upon discussion, Director Edwards stated that Ms. Epps, owner of the property at 422 Laurel, had called him. Mr. Jones added that she had called him and is requesting additional time. He advised that she has 30 days from today to either repair or remove the structure. He said the City will work with her if she has made a large amount of progress. He added that she had mentioned she would like to extend it to the first of the year. However, the 30 days will end on November 16. If she does not make any repairs at all, his recommendation would be to proceed with the demolition. Director Edwards said he informed her if she would contact Mr. Jones and if the Board Members agreed, they could extend that time. Board of Directors Meeting 10 October 16, 2006 at 7:00 P.M.  Mr. Jones reported in the past if the Board has placed additional time on certain structures. He stated if the Board wants to take that action or allows him to work with her, he can do either one. City Attorney Brian Albright advised that Director Edwards could make any motion he would like before the Board votes; but as Mr. Jones indicated, typically they end up having 60 days before any action is taken because 30 days goes by. The City then goes out for bids for demolition, and she will have some time if she is able to show progress; and the Board can revisit it at that time. Director Maruthur said she was called by Ms. Epps and would like to know the time frame on this condemnation; and Mr. Jones advised that according to the ordinance, it allows 30 days from tomorrow. He added the policy is if someone makes progress, the City will work with them. If they do not do anything, the City proceeds with the demolition. Director Maruthur stated Ms. Epps has said she will come into some funding the first of the year; and if the Board were to condemn the property tonight, she questioned if that would give her the opportunity should she get the funding in January. Mr. Jones replied that it probably not. However, if the Board wants to extend this and add some time, this would be the appropriate time to do it. He added the Board could extend it to the end of January if she gets the funding. If she does not, then the City would be in a good position to move forward. A motion was made by Director Maruthur, duly seconded by Director Jones, that the resolution be amended to become effective January 30, 2007. Upon discussion, Director Weatherford said Ms. Epps told him she would be working on the property the entire time and would start work immediately but was going to be receiving funds in January. City Attorney Brian Albright said if she pulls a valid permit, that would forestall any condemnation proceedings. Mr. Jones added if Ms. Epps were to get it secured between now and the first of the year, that would go a long way showing intent. Director Weatherford pointed out that she also needs to clean up the lot. Director Maruthur mentioned that Ms. Epps said her husband had been driving over to do it, but he is now in the service. Board of Directors Meeting 11 October 16, 2006 at 7:00 P.M.  Mayor Bush then called for a vote on the amendment to make the resolution effective January 30, 2007; and upon roll call, the following voted Aaye@: Directors Edwards, Maruthur, Jones, and Bush, total 4. Voting Ano@: Directors Smith and Weatherford, total 2. Absent and not voting: Director Daniel; motion carried. Mayor Bush then called for a vote on the motion to adopt the resolution, as amended; and upon roll call, the following voted Aaye@: Directors Edwards, Maruthur, and Jones, total 3. Voting Ano@: Directors Weatherford, Smith, and Bush, total 3. Absent and not voting: Director Daniel; motion failed. Whereupon the resolution was declared failed. 22k Proposed Resolution No. R-06-332 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 1018 SPRING,@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak in opposition to the condemnation at 1018 Spring. There being no one to speak in opposition, a motion was made by Director Weatherford, duly seconded by Director Jones, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 22l Proposed Resolution No. R-06-333 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY AT 2522 MALVERN,@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak in opposition to the condemnation at 2522 Malvern. There being no one to speak in opposition, a motion was made by Director Weatherford, duly seconded by Director Maruthur, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 23 Proposed Ordinance No. O-06-93 Board of Directors Meeting 12 October 16, 2006 at 7:00 P.M.  An ordinance entitled, AAN ORDINANCE REGULATING TRANSIENT MERCHANTS WITHIN THE CORPORATE LIMITS OF HOT SPRINGS, ARKANSAS,@ was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Edwards, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Director Maruthur stated she has a problem with the 200-foot restriction for vendors from the highway. She stated she had called a few restaurants and fast food restaurants and asked if they had any problem with some of the businesses that had been mentioned at the joint Board/Planning/Board of Zoning Adjustment work session. She stated those businesses indicated they did not feel that the customers who patronize these stands pose any threat to them. She commented that had she no objection to voting for a measure that would have restrictions on the mobile vendors but thinks it is unfair for those who cannot afford to rent a space. She commented these are people who are trying to earn a living and questioned what would happen in Hill Wheatley Plaza. Deputy City Lance Hudnell explained that Hill Wheatley Plaza is controlled by the Advertising and Promotion Commission. Therefore, it exempts it for any government-sponsored activity and has to be something sponsored by the Advertising and Promotion Commission. City Attorney Brian Albright pointed out that it has to be franchised, and there is an applicant before the Board tonight seeking a franchise for that location. City Manager Kent Myers stated when this originally was suggested by the Board, he thought there were two additional concerns the Board was trying to address: (1) esthetic problems with these vendors. The City does not do any building inspections, and the City was getting concerns from the public that they were not very attractive, particularly along state highways; and (2) potential health violations that such vendors could pose for the community. He pointed out the City does not make the same type of inspections. Also, there is not a grease trap ordinance that is regulated against these businesses and other regulations that could affect the health of individuals. Board of Directors Meeting 13 October 16, 2006 at 7:00 P.M.  Director Maruthur said she heard about the competition and would like to know if there are documented cases of anyone becoming ill from eating at these places; and if not, then she questioned why is the Board is considering this ordinance. City Manager Kent Myers stated that he has no documentation of that. Director Maruthur asked the City Attorney if he believes this will hold up in court. City Attorney Brian Albright advised this is a lawful regulation of the location of such businesses. 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, and Bush, total 5. Voting Ano@: Director Maruthur. Absent and not voting: Director Daniel; motion carried. Whereupon the ordinance was declared passed. 24 Request from Ms. Jeanne Masot (Hot Dogs Will Travel) for a Franchise to Operate a Hot Dog Cart in Hill Wheatley Plaza A motion was made by Director Edwards, duly seconded by Director Jones, that the request be approved. Upon discussion, Mayor Bush pointed out the Board just passed the transient merchants ordinance and questioned how this would be affected. City Attorney Brian Albright advised this is an exception from the transient merchants ordinance because it is located in Hill Wheatley Plaza. He added this is an area that is government-controlled through the Advertising and Promotion Commission. Therefore, the City is authorized to issue a franchise for that location should the Board desire. Mayor Bush commented that the Advertising and Promotion Commission controls the Hill Wheatley Plaza, and City Attorney Brian Albright replied they do; but the City issues the franchises. Deputy City Manager Lance Hudnell said he assumed if the Board votes in favor of this request, staff would issue a Request for Proposals (RFP) and solicit responses to that RFP, which Ms. Masot would be one of them. Board of Directors Meeting 14 October 16, 2006 at 7:00 P.M.  City Attorney Brian Albright pointed out there is no ordinance on the Board=s agenda for approval of such a franchise, but this is revisiting an issue that the Board considered last November. Director Maruthur said she would like to see such a business downtown and pointed out this is for the ability of anyone to submit an RFP. Mayor Bush then called for a vote on the motion for the City to issue an RFP; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Edwards, and Bush, total 5. Voting Ano@: Director Weatherford. Absent and not voting: Director Daniel; motion carried. 25 Proposed Resolution No. R-06-334 A resolution entitled, AA RESOLUTION APPROVING A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AFY 2007 ANNUAL ACTION PLAN@ APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR VARIOUS COMPREHENSIVE REVITALIZATION PROJECTS,@ 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. Upon discussion, City Manager Kent Myers explained this is to approve the CDBG Annual Action Plan for 2007; and the City has been notified that in 2007, it will receive approximately $420,000 in Community Development Block Grant Funds. He stated the Board established an Advisory Committee, which has met over the last two months to review the criteria for the applicants, review the applicants, and rank them. At their meeting last week, they approved the $420,000 parceled out to various projects the Board has listed. Tonight the Board is to consider how to allocate the $420,000 with the committee=s recommendation. He noted this is for only 2007 funding since the Board does not make multi-year funding decisions because the City does not know how much money it will receive in the future and does not bind future boards. Mr. John Goodman, 304 Meadowbrook, stated he is not opposed to the Community Development Block Grant Program but is representing the Board of Directors of Habitat for Humanity. He noted that the recommended project activities to be funded in 2007 neglect the one community program that most closely fulfills the purpose the Community Development Block Grant Program. He then quoted from the CDBG Board of Directors Meeting 15 October 16, 2006 at 7:00 P.M. language Athe CDBG Entitlement Program allocates annual grants to develop viable communities by providing decent, affordable housing, a suitable living environment and opportunities to expand economic opportunities principally for low-income and moderate-income persons.@ He stated Habitat for Humanity launched the first phase of Wheatley Habitat Village earlier this year with a $50,000 commitment from the FY 2006 CDBG funds for infrastructure work. That would scale back from the initial request for $108,000, which would fund the entire Phase I and Phase II infrastructure work; and they agreed to request only $50,000 at that time. He said there was never any doubt that Habitat for Humanity would receive another allotment from FY 2007 CDBG funds in order to complete Phase II infrastructure work. He stated verbal assurances were made to them to that effect. He asked that the Board consider two questions: (1) what other program has helped more low-income families achieve decent, affordable housing in the Hot Springs community? Thus far they have 62 families, and about 180 children living in Habitat homes; and (2) why would Habitat for Humanity not be included in the 2007 distribution of CDBG funds? He stated that 2006 was the 10th year of activity in the County of Habitat for Humanity, and this affiliate has been recognized as one of the most successful affiliates in this part of the United States. He noted one of the primary reasons for their success is the tremendous support they have received from the City. Based on the City=s past support and personal encouragement, he said he believes the City has a desire to continue to support the community development focus of Habitat for Humanity. Mayor Bush asked how many years they have received funds from CDBG, and Mr. Goodman advised they received $50,000 in the first year and have a $50,000 commitment from the 2006 CDBG funds, which are not yet accessible to them. Mr. John Selig, 467 Peninsula Drive, stated it was ten years ago in August that he came to the City to get a building permit for the first Habitat home. They had about $3,000 in their budget to build their first house, and the City was very helpful in helping them get started. Every year since then, the City has been their partner as they have completed over 60 houses. He said he hoped the City will consider putting those funds back in the CDBG funding. Mr. Patrick McCruden, 135 Portia Circle, Board President for Garland County Habitat for Humanity, stated that regardless of the Board=s decision, they feel that they meet the criteria of the CDBG funding; but they were listed as low on the list. He said it would be helpful for their going forward if the criteria were laid out in a clearer fashion if they are not meeting the criteria for this funding. Board of Directors Meeting 16 October 16, 2006 at 7:00 P.M.  Ms. Barbara Whittaker, 120 Poplar Street, said she signed up for the program around three years ago and has noticed the work they have done in the Park Avenue area. She expressed appreciation for assistance in getting her house repaired so it does not become one of the condemned houses. Dr. Jack Porter, 121 Lakeside Lane, thanked the City for what they have done for Habitat for Humanity. He stated this HUD grant is an exceptional opportunity for the City to move forward and does not cost the taxpayers of Garland County any money. He added it is the responsibility of the Board to consider not only upgrading those homes like Ms. Whittaker=s, but those who have not been homeowners. He mentioned this is an organization that provides those people who have been locked out of the opportunity to have housing. He said he believes it is an oversight of the advisory committee not to understand the history of Habitat and what it is doing for the City. He mentioned it sends a terrible message to the people of this community to say that Habitat for Humanity from this point forward is a low-priority item. He commented that much of their success has been because people on the national and state level, Bank of America, Simmons Bank, and other organizations that see the success of Habitat for Humanity that have taken their money and invested it in this community. He said he would hate to see the City dismiss this at this time as an insignificant part of their overall growth. Director Maruthur apologized to the citizens who came tonight from the Park Avenue Community area but are not necessarily a member of the Park Avenue Community Association. She pointed out they had to leave, and some are elderly and one is handicapped. Director Maruthur stated she has the Park/Whittington Neighborhood Plan that was submitted in 2001 and found a letter from Jane Speed, who was very impatient because the Park/Whittington Neighborhood Plan was going to be delayed for sixty days. The date is April 2001, and it says at the end Athe build-up to this neighborhood plan started July 1999.@ She said that she understands the CDBG Program, and the people from Habitat for Humanity are correct. Had she been on the committee, they would have been considered. She questioned if the Board was familiar with the document that was submitted to the federal government in 2003. She read a statement relating to the regulations of the federal government and how the program came to be. She added that she has read the entire document. Also, the City has a Comprehensive Plan; and Park/Whittington and Pleasant Street had a Neighborhood Plan and is how they became target areas. She then read the following statement: AIn 2003, the City of Hot Springs submitted a document to HUD, a federally funded program. Our first requirement was to Board of Directors Meeting 17 October 16, 2006 at 7:00 P.M. hold two public hearings. They were held on October 20, 2003, at 3 p.m. and 5 p.m., at the Transportation Depot. Next, the City of Hot Springs hosted a neighborhood summit. The summit was held on November 18, 2003. Neighborhood associations from all over the City attended. There was an outcry for relief from these associations to somehow get help for their housing and infrastructure. The impact of the CDBG program was explained. They were told that an expert would be hired because they did not know anything about administering the program. The goals of this program are to provide decent housing, provide a suitable living environment for the benefit of low-to-moderate income citizens and the elimination of slums and blight. This is in a document that we gave to the federal government. This plan serves as a single document for the meeting, the planning and submission for the City to receive HUD funds. A plan must be submitted for review pursuant to the U. S. Department of Housing and Urban Development, Rules and Regulations. The responsible parties ensuing compliance with the above-stated is the City of Hot Springs. This means we are responsible for what we do or what we don=t do, which is the Board. The Community Development Administrator, which would be the Planning and Zoning Director, and/or the CDBG Administrator under the direction of our City Manager and that would be Kent Myers. In the Comprehensive Plan of 1995, the goal of the Plan and I know we are considering doing another Plan, but this certainly is not obsolete, their goal was stated by the year 2020, all residential neighborhoods in the City of Hot Springs will be of high quality construction, maintained and socio-economically stable. Together these neighborhoods will offer a diversity of quality housing opportunities. Of course, that includes Habitat. They are mentioned in the document. The priority community developed needs were sidewalks, curbs and gutters in the target neighborhoods. The eligible activities in the consolidated Plan in this document that was submitted to the federal government, sidewalks were high; retaining wall improvements - medium; street improvements - medium; flood drainage - medium; other infrastructure - medium. The Consolidated Plan is to eliminate conditions of slum and blight. The purpose of this plan is to rehabilitate the existing housing stock, to reduce the fall-out of existing housing units for the City=s inventory and impede continued deterioration of our neighborhoods. Our consolidated three-year plan, 2004 to 2006 that was submitted to the federal government was to rehabilitate 20 owner/occupied housing units per year of very low-to-moderate income families, giving high priority to elderly homeowners. Map 2 of this document that was submitted to the federal government depicts a neighborhood located near the original gateway to Hot Springs, the Park/Whittington Neighborhood. There is a concentration of owner/occupied housing units that are in various stages of repair. The rehabilitation of existing housing units, sidewalks, curbs and gutters, and retaining walls are the goals of this neighborhood plan. The plan was submitted and approved by the City in 2001. Mr. James von Tungeln was the consultant and the architect and then a resident of Park Avenue, Mr. Anthony Taylor, chaired the Park/Whittington committee, and he assisted Mr. von Tungeln. Board of Directors Meeting 18 October 16, 2006 at 7:00 P.M. Priority No. 2 in this document purpose is to expand the neighborhood revitalization in areas targeted for stabilization to impede continued deterioration. Today, October 16, 2006, we have 13 eligible homes that have been approved for rehabilitation; however, 39 eligible homes remain on our waiting list. According to the CDBG Director, we get approximately one new applicant that is eligible every week. The word Aeligible@ is replete throughout the application submitted to HUD; therefore, absolute clarification needs to be verified before any application should be considered. As stated earlier, the responsibility lies on the shoulders of those mentioned earlier -- the City of Hot Springs, the CDBG, Planning Department, and our City Manager. This program has brought hope to those whose options are limited as stated by Habitat for Humanity. The low-to-moderate income, owner/occupied homeowner is not network like that of large organizations. We are talking about those who do not have the money or connections to repair leaky roofs, faulty wiring, pay for proper insulation, structural problems, heat and air, and all the basic necessities that many of us take for granted. This program gives people their safety and provides them with hope and dignity. They are our residents of Hot Springs, and they deserve that. Last year, the Board made a hard but wise decision. There were as many requests last year as we have had this year. Many entities and organizations were requesting CDBG funds. The Garland Towers on Oriole Street, in my district, was newly purchased; and they requested CDBG funding. It was very hard for me to say Ano,@ but the City Board also said Ano.@ After some discussion, their request was denied. This historic building, also known as the Jack Tar, is now undergoing a $3 million restoration. They have received 20 percent in tax breaks and will receive $600,000 in credit from the federal government. This article appeared in The Sentinel-Record on March 11, 2006. The money they asked for went to low-to-moderate income, owner/occupied housing; and I say thank you. Last year the Farmers= Market made a request for CDBG funding. After some discussion and clarification, Ms. Cynthia Keheley withdrew her application. This is a wonderful organization, and we all support it. They recently received a grant for $52,000 from LeadAR. There were two other requests made last year that were not related to housing. One was from District 3 for the Quapaw Center. They requested $75,000 to install a dehumidifier in their heated pool area and to fix the walls in this area and a roof. The money went to housing and infrastructure in the targeted, low-to-moderate income areas. She stated the Quapaw Center is a wonderful organization. I guess those repairs have been done. The last request was the one made from P.H.O.E.B.E last year. This was to help fund a $27,885 project to encourage the youth to embrace nonviolence assistance, designing programs and services. Ms. Cheryl Batts, head of P.H.O.E.B.E., requested money from CDBG. Now, Ms. Batts is the beneficiary of some of the housing that has been provided to the City of Hot Springs because they are a large organization, and it is a wonderful housing organization. The Park Avenue Community Association deferred some of what they had been asked to apply for. Park Avenue did not ask for what is in here. We had Board of Directors Meeting 19 October 16, 2006 at 7:00 P.M. meetings; and it is in the document that the Planning Director, Mr. Jerry Raetz, came to several meetings and explained what we needed that was consistent with the Park Avenue plan. When the Pleasant Street area did their neighborhood plan, we deferred the sidewalks because we wanted to give the Pleasant Street area some help. We were already ahead of them with a plan that we worked on for several years, and they had just finished theirs; and the Civic Center was in their backyard. Their area began the beautification and streetscape. There were two years of funding for sidewalks to Pleasant Street, and it needs to continue. Park Avenue was now asked to submit their request for sidewalks. The area was carefully selected by a PACA subcommittee to support the work that has already been done where homeowners with their own money made significant renovations. The selected area is also where a development site in which a multi-million dollar housing project is in the works on Park Avenue for the elderly and handicapped. PACA deeply appreciates the work that Reverend Mike Smith and his wife are involved in and applaud their efforts. The sidewalk would go right on Park proper by about four houses that have been totally renovated and the elderly and handicapped. This is on the way to the Park Avenue School. The Smith=s are not an organization, and this is their first building project. Park Avenue is eager to get started with the impact that was so well-described in the single document submitted to the federal government. It is consistent with our five-year old neighborhood plan and fulfills the goals of the Comprehensive Plan. We have been patient and tried our best to comply and do the right thing. Mr. Dan Carter, of HUD, has been an invaluable resource in providing me with guidance about eligibility. I sat in on the CDAC (Community Development Advisory Committee), and I watched the dialogue and had a lot of concerns with what I heard about eligibility. I did speak to Mr. Dan Carter, and we cannot be too careful when sticking to the letter of the law when it comes to legal requirements in which we receive federal funds. No one would want to risk the integrity of the CDBG Program or do anything that could result in paying back the funding that we have received because we did not do our homework. Last, we do not want to do something that could risk the City of Hot Springs having to spend taxpayers= money by ending up in court over something that could usually be avoided by taking those extra steps to ensure clarification before we take any action. My recommendation would be that we send the recommendation back to the Community Development Advisory Committee to reconsider the eligible programs and keep in mind the legal document that got us the funding that was submitted in 2003, so that we can continue with the progress in the two targeted neighborhoods, Park Avenue and Pleasant Street, and expand it. I want to see Habitat for Humanity included. They are in the document, and they have provided Hot Springs with wonderful housing. I have supported it and voted for it.@ (End of Statement) A motion was made by Director Maruthur, duly seconded by Director Jones, to refer the resolution back to the Community Development Advisory Committee. Board of Directors Meeting 20 October 16, 2006 at 7:00 P.M.  Director Maruthur stated that all the people who are listed from the Pleasant Street target area and the Park Avenue target area, and the people who are waiting for housing for Habitat are waiting for the City=s help and compliance with what it originally submitted to the federal government. Director Jones said she is more familiar with Habitat for Humanity because more African-Americans benefitted from the Habitat houses; and District 2 lost a lot of residents (African-Americans) to Habitat. On the Pleasant Street side, she asked how the grading of low, medium and high was done. Mr. Casey Jones, Chairman of the Community Development Committee, explained there were two criteria taken back by each individual to their homes; and they were to have made some form of assessment on each of these. He noted that Habitat for Humanity was excluded, and one individual had made the statement that Habitat for Humanity could take care of itself and needed no funding from the City and had plenty of resources to get alternative funding. He said at that point, it was a dead issue. Mayor Bush asked who comprised the committee, and Mr. Jones stated it is composed of Mr. Terry Holstine, Ms. Cheryl Batts, Mr. Charles Smith, Ms. Stevie Spargo, Ms. Velda Holmes, and Mr. Jay Binns. Director Maruthur asked if he agreed with this and did he vote to exclude Habitat for Humanity, and Mr. Jones said he did not vote at all. He chaired the committee and refrained from interjecting any of his thoughts because it was going to create more animosity among the group. Director Maruthur asked if he agreed with it, and Mr. Jones said that he did not and does not agree with it. He said that he does not agree with many things, such as the way the money is being spent. He stressed this money should go on housing. The only amount of money the committee had to distributed was about $93,000, and this was after only 17 houses were taken care of; there are 39 people waiting to get their homes repaired. By the time they come up to January 1, 2007, there is a potential of about 52 houses of people who are eligible to receive funding that are not going to receive any help. He added that he was criticized because he made a special effort to let everyone know he was the president of Park Avenue Community Association but derives no funds from this. He pointed out that none of the money that they filed an application for is anywhere near his home. He added that after he saw the small amount of money that was left over, he talked to the chair of the committee, who is Orville Poole; and there is a conditional withdrawal of this application on the table if they can divert all of these funds Board of Directors Meeting 21 October 16, 2006 at 7:00 P.M. into single-home families. He stated no one at Park Avenue Community Association ever initiated an application. These applications that were made originally C the first two were done by letter and the second was by a formal application, which were done at the request of Mr. Jerry Raetz and then Mr. Nelson Self. This was because of the application made to the federal government, and that is why Park Avenue Athrew their hat in@; they were requested to. Director Jones asked why the infrastructure improvements of the Woodman Building graded low for sidewalks when it is in the Pleasant Street Historic District. Mr. Jones said his understanding of that situation is as the application stood, that although it was a permissible activity to have been included in eligibility, the way the application was submitted, they were asking for reimbursements, which is not allowed under HUD funding. He said he would have been against that also. He pointed out when there is only $93,000 and talking about putting in a sidewalk or helping people out with their houses, he is going to go with the people who have no money. Director Jones pointed out that the elderly were going to be living in that building with sidewalks the shape they are in; and Mr. Jones said when there is only $93,000, they have to make some hard decisions, which come from making sure this community stands on its own feet. If they do not get the communities on their feet, it does not make any difference what kind of structures there are to house numerous people. City Manager Kent Myers commented he was at the last meeting, and it seemed toward the end of the meeting, the committee came together and thought it was a unanimous vote on the part of the committee to support the seven projects that were listed. Mr. Jones stated he did not vote, but everyone else voted for the projects. City Manager Kent Myers explained there are 14 applications requesting a total of $649,000, but there is only $420,000 in the pot; and the committee is recommending funding for seven projects totaling $420,000. Mr. Casey Jones noted that actually there is not that much. He added if attention is given to single-family homeowners, that is taking care of only 17 houses. City Manager Kent Myers pointed out that is not correct, noting in addition to the funds being considered tonight, there is a $100,000 AHP Grant that Mr. Self is instrumental in securing for the City, which is housing rehab money the City has not had in the past. The City also anticipates getting approximately $400,000 in HOME Board of Directors Meeting 22 October 16, 2006 at 7:00 P.M. funding that Mr. Self and his staff have worked on with West Central Planning District. He said this can be added to the pot in terms of housing money that will be spent in Hot Springs for the next year. Director Maruthur said she spoke to Mr. Self about the bottom line just from the CDBG funding, not the other funding that is available; and the amount was $72,000 that was available. She added the original document required certain things to be done by city government, to have targeted areas, the infrastructure enhanced, and complete the development to get rid of blight and the exodus from the city limits. She pointed out there has been an exodus from the City into the County, and then they want to annex after they have left. She commented Park Avenue has been trying to get people to invest for many areas in the Park Avenue area, as well as the Pleasant Street area. She said they encourage Habitat for Humanity in their neighborhood, whether it is in a community or stand-alone homes or whether they can be part of the rehab program. She stated they have begun to give hope and inspire people to reinvest in both targeted neighborhoods; and any Director who wants the information on this, may give her a call or ask Mr. Self or Ms. Kathy Sellman for the documents. She said they are just trying to complete what was started in the two targeted areas, and it is very specific. She stated it is supposed to take care of the whole city, but the City cannot do just a little and then do another small part. She pointed out one of the things it stated is to make a visual impact. She said when she spoke to Mr. Carter, he said if they have to pore all the money into one block, that will upgrade the entire neighborhood and will have a domino effect. She pointed out that was not echoed in the Community Development Advisory Committee. She said she was looking at the eligibility and that was not reflected, and that is the reason she made a motion to refer it back. She stressed that the Board needs to make sure it is eligible, and the City is going to continue the progress for development in these two targeted neighborhoods and get something finished and get on to next neighborhood. Mr. Jones stated that the committee does not want to discuss the eligibility of anything and have said that is left to the Board and the City. Director Maruthur said she has a paper from Mr. Self but does not know what it is connected to. She stated it was sent on October 10 and says the decisions of the Community Development Advisory Committee shall be final and binding on all parties. Mayor Bush stressed that it will not be binding on him. Director Jones said when they first invited people to Webb Community Center about this, everybody was ready for a house; and they wanted their houses repaired all across the City. She pointed out if people are coming into Hot Springs and observes Board of Directors Meeting 23 October 16, 2006 at 7:00 P.M. individuals working on one house, the money is going to be like it is lost. She noted the importance of starting in that block and keeping it in that section of town. At this time, Mayor Bush called for a vote on the motion to refer the resolution back to the Community Development Advisory Committee for review; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Weatherford, Edwards, and Bush, total 5. Voting Ano@: Director Smith. Absent and not voting: Director Daniel; motion carried. 26 Proposed Ordinance No. O-06-94 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 209 CHEROKEE FROM R-4, MEDIUM/HIGH DENSITY RESIDENTIAL, TO C-TR, COMMERCIAL TRANSITIONAL,@ was taken from the agenda for consideration. (Appeal) A motion was made by Director Edwards, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question 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, Mr. Ken Kirkwood, with First Step, 158 Hollier Lane, Pearcy, Arkansas, stated they were before the Planning Commission; and there were some problems with the speed at which First Step was proceeding with some of the recommendations of staff. He said he believes that is a mistake between the Commission and him in that he was not aware there was a time specific that some of these things needed to be done. Being made aware of this, they are proceeding with diligent haste to accomplish those things. He said these two lots abut Lots 6, 7 and 8, which have been rezoned to C-TR and are going to be used to park their vans. Mr. Gary Threadgill, 111 Mason, said when the applicant appeared before the Planning Commission, he came in with a request to rezone from R-4 to C-TR. He said that he saw no problem with that because all the Commission was looking at was a zoning change. During the meeting, questions arose about additional lots he had that apparently he had presented to the Planning Commission for the same conditional uses for a parking lot for the vans and a garage (Lots 6 and 7). Then Mr. Kirkwood wanted Lots 4 and 5 for basically the same conditional use in the C-TR, and that is where the controversy arose. He questioned what was he going to do with the other two lots that were already zoned for this use; and now, he wants to zone two more for the same use. Board of Directors Meeting 24 October 16, 2006 at 7:00 P.M. He said that he sees no problem with it being rezoned C-TR, but the Commission needs some kind of development package prior to what is done on the property. Director Smith questioned when the last communication was giving him a list of requirements on the first two lots. Mr. Threadgill advised that on the first two lots, it was approximately two years ago. Mr. Kirkwood was informed he would have to have paved parking and a garage. He appeared before the Board of Zoning Adjustment and received some setbacks. However, since then, nothing has been done. City Attorney Brian Albright said if the Board were inclined to rezone this to C-TR, the applicant would still have to return to the Planning Commission in order to get a Conditional Use Permit, and Mr. Threadgill said that he would. He added the Commission has already granted a Conditional Use for Lots 6 and 7 for the same thing he wants for Lots 4 and 5. He said the Commission needs to know if it can resolve what was to be done on Lots 6 and 7 or request that Mr. Kirkwood bring in some type of site plan development for Lots 4, 5, 6 and 7. City Attorney Brian Albright said that they can, but that would be handled in the Conditional Use application instead of the zoning issue. Mr. Threadgill said he has no problem with rezoning to C-TR; but as far as the development package, they need to work on that. Director Smith asked if these are going to be all parking lots, and Mr. Kirkwood said that on Lot 8 of Block 16, they have applied for and received a Conditional Use to put an automotive shop at that location. He stated their vans are now maintained in half of what used to be Coco Beverage. They renovated 10,000 feet of that 20,000 feet for their adults, and the other 10,000 feet is where their maintenance shop is located. He said they are going to need that for classroom but do not know exactly when they are going to need it. He added the plan is to build a 40' x 60' or 40' or 90' automotive shop on Block 8, for which they have already received the Conditional Use Permit; Lots 4 and 5 would be additional parking for the vans. Director Smith asked if Lot 9 was still residential, and Mr. Kirkwood said the house in Block 8 that they razed was 212 Miller. The house at 209 Cherokee is in Block 5 that will be removed. Also, there is a house on Lot 3, and the lot next to it is vacant; the house on Lot 9 is rental property. Mr. David Campbell, 345 Columbia Hills, said when this was presented to the Planning Commission, he did not understand that the Commission was against it because First Step had not done their paving. He said the Planning Commission has been trying for nearly two years to get them to do the paving. He advised there was a letter presented to the Commission which states that would be done by December 2006. He Board of Directors Meeting 25 October 16, 2006 at 7:00 P.M. stated when Mr. Kirkwood appeared before the Planning Commission, he had no problem with C-TR until he said he was going to put up a 40' x 90' shop building there instead of on the lot where the Planning Commission had given him permission. He mentioned there is a brick house on Lot 3, which adjoins it; and his concern was putting a 40' x 90' metal shop building next to the owner-occupied home. He pointed out their intention was to place the building at that location if the property were rezoned, and that is the reason he voted against it B not because they had not done the paving. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Smith, Edwards, and Bush, total 3. Voting Ano@: Directors Weatherford, Maruthur, and Jones, total 3. Absent and not voting: Director Daniel; motion failed. Whereupon the ordinance was declared failed. 27 Proposed Ordinance No. O-06-95 An ordinance entitled, AAN ORDINANCE REQUIRING SIDEWALKS LOCATED WITHIN CENTRAL BUSINESS IMPROVEMENT DISTRICTS NO. 2 AND 3 TO CONFORM TO CERTAIN STANDARDS; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Edwards, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question 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, Director Smith questioned if there is anything different in this ordinance, and Deputy City Manager Lance Hudnell advised this is applying the same thing that the City had since the late 1980's in CBID No. 2 to CBID No. 3. 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, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the ordinance was declared passed. OTHER BUSINESS 28 Board of Directors Items Board of Directors Meeting 26 October 16, 2006 at 7:00 P.M.  Director Jones reported that Director Tom Daniel is improving and is at St. Joseph=s Hospital. Director Maruthur announced if there are any weekend code violations, such as yard sale signs on telephone poles, barking dogs, etc., citizens may call 617-0916. If there is a visibility issue while people are driving, such as vegetation or something blocking motorists= ability to safely negotiate a corner, individuals may call 321-6861. She reported that early voting begins on Monday, October 23, and ends on Monday, November 6. For additional information, the number to the Election Commission is 622-3622. Director Weatherford extended get well wishes to Director Daniel. Director Edwards said that he spoke to Director Daniel=s wife, and he is doing well and is continuing with his therapy. 29 City Manager=s Report City Manager Kent Myers gave the following report: 1. On the Consent Agenda, the Board approved bid awards for veterinarian services for the Animal Services and will allow the Animal Shelter to begin the spay and neutering program, known as the ABig Fix.@ There will be a press release in the local newspaper once the program is started. The Board reappointed Julius Breckling to the Hot Springs Housing Authority. The Board accepted a grant from the Department of Emergency Management for homeland security equipment. 2. This month there are five Mondays, and the next regular meeting will be on November 6. The budget process will begin in November and will probably will have a special meeting during November for the budget. 3. Today the City received a letter from the Federal Emergency Management Agency that its flood insurance rating program had improved from a class rating of 9 to a Board of Directors Meeting 27 October 16, 2006 at 7:00 P.M. class rating of 8. This was the result of some work that the Engineering Department has done the last several years. He recognized Mr. Denny McPhate for his work in coordinating the flood insurance program. As a result of going from a rating of 9 to an 8, residents will be able to receive a five percent discount on their flood insurance coverage. 4. About a month ago, the Board approved a contract for consulting services for Kimery Park. About a week after that contract was approved, the City received notification that the property was under contract to be sold to a private entity and received word today the contract has been approved. That plan had been placed on hold and did not have the consultant move forward because of the sale of that property. Once the property closes in the next couple of weeks, staff will be meeting with the new property owner to see what their intent is before proceeding with that study. 30 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:40 p.m., to meet again on Monday, November 6, 2006, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 28 October 16, 2006 at 7:00 P.M.