Board of Directors

MINUTES BOARD OF DIRECTORS MEETING APRIL 2, 2007, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, April 2, 2007, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Bobbie Orsak, 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, Bill Edwards and Mike Bush, total 5. Absent: Directors Carroll Weatherford and Tom Daniel, total 2. 2 Approval of Agenda A motion was made by Director Edwards, duly seconded by Director Smith, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of March 19, 2007 Board Meeting A motion was made by Director Jones, duly seconded by Director Maruthur, that the minutes of the March 19, 2007 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Mayor Bush recognized Mr. Kenneth Wheatley, who stated that his church, First Baptist Church, is developing a relationship with a city in Russia, Alapayevsk , which is about 1200 miles east of Moscow. He mentioned that one of the processes that allowed this was a Proclamation of Greeting from Mayor Bush that he read to their mayor, which was very important to them and helped cement a relationship where their church can return and do construction work in the orphanages. He stated they hope to open an English-speaking coffee house in addition to furthering education. Mr. Wheatley presented a picture of Alapayevsk=s Mayor presenting a Proclamation to the group. He then asked Mr. Ron Hullett, a member of First Baptist Church, who speaks Russian, to read the Proclamation to the Board with Mr. Wheatley translating the Proclamation. Mr. Wheatley stated he was going to provide said city in Russia with a CD of this presentation. He said there are teams of people helping with education, and the people in Alapayevsk desire to know more about America. He added that his group will keep the Board apprised of what is happening with this city because he believes it is very significant. Mayor Bush introduced members of the Mayor=s Youth Council: Haleigh Parks, co-president; Josh Madison; Jennifer Schul; and Justin Buck, co-president. They related their experiences and mentioned there has been discussion about the possibility of a youth summit and Congressman Mike Ross speaking to the group. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (March 21, 2007). 6 Proposed Resolution No. R-07-64 Accepting Certain Bid Awards (a) Brass Fittings - Public Works [annual supply contract awarded to HD Supply and rescind previous award to Arkansas Water Products]; (b) Ballistic Vests - Police [annual supply contract awarded to Arkansas Police Supply]; (c) Aggregates - Public Works and Utilities [annual supply contract awarded to Martin Marietta and Daveco]; (d) Two Compact Pickups - Utilities [awarded to Landers Ford in the amount of $11,753.50 and Landers Chevrolet in the amount of $15,793.76]; (e) Cold Milling - Utilities ( annual supply contract) [ reject and rebid]; (f) Water Meters Manual Read - Utilities (annual supply contract awarded to HD Supply for residential and Metron-Farnier for commercial). 7 Proposed Resolution No. RB07-65 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Hamilton Park Subdivision. Board of Directors Meeting 2 April 2, 2007 at 7:00 P.M. 8 Proposed Resolution No. R-07-66 Amending Resolution No. 2482 by Revising the Number of Members on the Animal Control Advisory Committee. (Removed from Consent Agenda for Separate Consideration) 9 Proposed Resolution No. R-07-67 Appointing LaJean Burnett to the Hot Springs/Garland County Beautification Commission. 10 Proposed Resolution No. R-07-68 Repealing Resolution Nos. 4006 and 4079 Regarding Waiver of Late Charges on Municipal Utility Bill. 11 Proposed Resolution No. R-07-69 Waiving Construction Permit Fees for the Samaritan Ministries Housing Project Located at 131 Sanford Street. 12 Proposed Resolution No. R-07-70 Authorizing the Filing of a Grant Application with the Arkansas Historic Preservation Program for Training and Travel Expenses for the Historic District Commissioners and Staff. 13 Proposed Resolution No. R-07-71 Authorizing the Filing of a Grant Application with the Arkansas State Highway and Transportation Department Pursuant to the Arkansas Safe Routes to School Program. 14 Proposed Resolution No. R-07-72 Authorizing Revisions to the 2006 Budget. (Removed from Consent Agenda for Separate Consideration) 15 Proposed Resolution No. R-07-73 Awarding a Contract to Carter Burgess, Inc. for Certain Engineering Services (Hot Springs Water Model Review and Revisions - Phase 2). (Removed from Consent Agenda for Separate Consideration) A motion was made by Director Smith, duly seconded by Director Maruthur, that the Consent Agenda be approved. Upon discussion, Director Maruthur requested that Item No. 8 (Proposed Resolution No. R-07-66 Amending Resolution No. 2482 by Revising the Number of Members on the Animal Control Advisory Committee), Item No. 14 (Proposed Board of Directors Meeting 3 April 2, 2007 at 7:00 P.M. Resolution No. R-07-72 Authorizing Revisions to the 2006 Budget), and Item No. 15 (Proposed Resolution No. R-07-73 Awarding a Contract to Carter Burgess, Inc. for Certain Engineering Services [Hot Springs Water Model Review and Revisions - Phase 2]), 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, Edwards, and Bush, total 5. Absent and not voting: Directors Weatherford and Daniel, total 2; motion unanimously carried. NEW BUSINESS 16 Proposed Resolution No. R-07-74 A resolution entitled, AA RESOLUTION APPROVING THE PRELIMINARY PLANS AND LOCATION FOR A HISTORIC DOWNTOWN FARMERS= MARKET PERMANENT FACILITY TO BE LOCATED IN THE TRANSPORTATION PLAZA,@ 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, City Manager Kent Myers stated there has been a large increase in the number of vendors and customers; and due to the success of the Market, preliminary plans started about a year ago to construct a building to house the Farmers= Market. The Board of Directors approved the building being in the Transportation Plaza area. Ms. Cynthia Keheley and Public Information Officer Terry Payne worked together to submit an application to USDA for funding a grant for the Farmers= Market. A part of that grant paid for hiring an architect to create the plans for a Farmers= Market building, which are being presented tonight. If the Board is agreeable with those plans, it would adopt the resolution on the table tonight, which will give the Friends of the Market Committee the direction to proceed with raising the funds to construct the building. They are optimistic that Phase I of the building project can begin later this year. Ms. Cynthia Keheley, representing the Friends of the Farmers= Market, reported that last year when Hot Springs received the $53,000 grant from USDA, they found that they were one of only 20 grants presented throughout the United States; and Hot Springs was the only city in Arkansas to receive one. She thanked those who helped Board of Directors Meeting 4 April 2, 2007 at 7:00 P.M. make this possible: Congressman Mike Ross, U. S. Senator Blanche Lincoln, U. S. Senator Mark Pryor, State Senator Terry Smith and the Board of Directors. She noted that several members of the Friends of the Farmers= Market and some of the farmers are present. She stated one of the most important parts of the grant was to provide for the architectural services and to produce the preliminary drawing and cost estimates, and the City contracted Mr. Doug Arnold, a local architect. Mr. Doug Arnold stated a site plan for the proposed location of the Farmers= Market was presented in the Board packet. Currently, the area is north of Orange Street and going to the south and is an area that is underutilized. There was a consultant from the Department of Agriculture in Hot Springs a few months ago who is an expert in Farmers= Markets, and he concurred this was a good location for the facility. The area would provide new parking and space for the farmers, as well as utilizing existing parking north of Orange Street. There are two phases with the uncertainty of funding. He mentioned it is unknown whether the funds can be raised for the entire project initially or whether it will take a phase or two. However, they hope to develop an overhead covered area for the vendors and customers, which will be Phase I. That project is in the area of $400,000; and in that plan, about 50 additional parking spaces would be provided. If they cannot afford to build the entire facility from day one, the second phase would include an enclosed pavilion area which could be used for possibly year-around vendors. The facility would house about 150 people for a meal or banquet or a dinner-type meeting and could house up to approximately 200 people for a meeting. Also, it could be used for vendors in bad weather conditions where there could possibly be some activity going on year around. He advised that particular part of the project would add an additional $500,000 to $600,000 to the project. The concept for the facility would blend with the architecture of the Transportation Plaza, the Old Depot Building and the warehouse and industrial-type buildings that are in that area. He said it is considered a historic area, and they would provide that same type of architectural design in terms of the esthetics, the materials and the overall appearance of the project. Mayor Bush questioned what he was requesting from the Board, and Mr. Arnold advised that they are asking the Board to support the location and the preliminary plans for this concept. If the Board approves it, then the group of people that are present tonight are prepared to go forward with fund-raising through donations, grants, etc. Director Edwards asked if they are going to continue the market as it has been until they receive the money, and Mr. Arnold advised that the operation will continue as it has in the past this coming summer; and hopefully by next summer, they will have a new building. Board of Directors Meeting 5 April 2, 2007 at 7:00 P.M.  Director Jones pointed out this is in District 2 and asked for everyone=s support. Also, she said this will be a good concept for this district. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Edwards, and Bush, total 5. Absent and not voting: Directors Weatherford and Daniel, total 2; motion unanimously carried. Whereupon the resolution was declared adopted. 17 Request from Mr. Bob Driggers Regarding Improper Actions of Board Members Mr. Bob Driggers, #3 Stonegate, stated people have expressed concerns to him, which he is referring to the Board and wanted to make sure these four items get on the record: (1) the legality of using a surplus that is purposely generated for the purpose of building a City Hall. He distributed an information sheet indicating what the Arkansas Constitution and Amendment 62 state relative to using surplus funds for that purpose. He noted that the ballot language said it was solely to retire the bonds for the Civic Center, and he had distributed at a previous meeting a couple of Attorney General Opinions. He said if the Board can find a legal loophole to create and then use the $2.1 million in surplus funds intended solely for the Civic Center, there is concern that the Board will lose the faith and trust of the voters who voted to use this only for the Civic Center; (2) violation of a Chancery Court Order, which is amounting to holding developers and builders hostage that are contiguous to the City for the purpose of obtaining water or sewer. He stated there is a 1994 Chancery Court Consent Order which says that the City is enjoined from violating those agreements by requiring annexation or promises to annex in the future as a precondition to sewer service. That was signed by previous City Attorney David White, Attorney Ron Narramore; and the Judge was Vicki Cook. He commented that the concern is that to continue to violate a Court Order is inexcusable, and it places the citizens at risk for unwarranted and unnecessary legal action; (3) there is still a continuance of Directors who are violating the conflict of interest requirements. He stated Directors have no business placing items on the agenda, entering into the discussion and voting on items where they have an interest; and (4) improper waiving of Arkansas competitive bid laws. He said at almost every recent Board Meeting, the Board has waived competitive bidding. Mr. Driggers then posed the following questions to the Board: (1) AIs there a feasibility study and financial justification spreadsheet somewhere indicating that we need a new City Hall?@; (2) AHave you just wasted $50,000 of the taxpayers= money or Board of Directors Meeting 6 April 2, 2007 at 7:00 P.M. do you seriously have a method for building a new City Hall?@; (3) AWhen will the public have an opportunity to vote on any of these issues?@; and (4) AWill you at least reconsider our request to allow a >Public Comment= section on future Board agendas or do you wish to continue avoiding public input?@ Director Maruthur said he has stated there is improper individual actions of Directors involved in conflicts of interest and asked that he give an example. Mr. Driggers replied that he hesitates to speak of Directors who are not present. However, as an example, there was a four-way stop and a blinking red light installed at Quapaw and Orange Streets that was not justified by the traffic study that was done. He mentioned this happened because the director was a Director and used influence improperly; and in his view, missued his office. Director Maruthur asked if he had that documentation from MUTCD, and Mr. Driggers replied that he went through the City Engineer and asked why it was placed there and received a copy of the traffic study. Therefore, he does have that documentation. Director Maruthur questioned the other conflicts, and Mr. Driggers commented that he does not want to find fault with directors who are not present, but it was not proper that this Director asked for block grant funds to be used for paving the parking lot of his employer. Director Maruthur commented that Mr. Driggers has wanted to speak to an issue for a long time, and she wanted to hear his concerns. Mayor Bush said he preferred Mr. Driggers not speak to a Board Member who is not present tonight and address this at the next Board Meeting. Mr. Driggers said that he would be glad to be present at the next meeting to address those Directors. He added that he would like to see a public comment section on the agenda. Director Edwards asked what he thought about the Directors attending leadership school, and Mr. Driggers said he believes it would be a good idea; but to go along with that, they would need to include and incorporate those things that Board Members are supposed to do with respect to following the law but also representing the public. Director Maruthur pointed out he had posed four questions to the Board, which she would like to see answered. She then asked if there is a feasibility study and a Board of Directors Meeting 7 April 2, 2007 at 7:00 P.M. financial justification spreadsheet indicating the need for a City Hall, and City Manager Kent Myers replied there is not a spreadsheet. However, a report was presented as part of the last Board Agenda packet that points to the financial proposal for financing City Hall, as well as the benefits involved in constructing a new City Hall. He stressed there is no spreadsheet. Director Maruthur asked if there was anything on paper that shows the financial needs, and City Manager Kent Myers stated that the Board has what was included in the last Board packet. He added that next Monday, the financial advisor will be present to provide more detailed information. He explained that he mentioned in the last agenda packet that Mr. Paul Young, the City=s financial advisor and the City=s bond counsel will both be present at the next meeting. Mayor Bush asked if she had looked at it, and Director Maruthur said she read the entire packet. Mayor Bush commented that he read it also, and he believes it shows a good need for a new City Hall. Director Maruthur said she did not believe that it is directed at the question that was asked. She asked where the numbers are that show that what the Board is doing is justified. City Manager Kent Myers questioned the numbers she was referring to, and Director Maruthur said that after the meeting she will go into detail about numbers. City Manager Kent Myers advised that he put out a fact sheet, which is still in draft form; but he believes it answers this question in detail. He said it answers every question that has been asked over the last couple of weeks regarding the new City Hall with the specific answer to Mr. Driggers= questions. He explained that he wanted the Board to review that fact sheet and add questions before it was released to the public. He advised that he sent it out in draft form to the Directors on Friday and asked them to let him know by Thursday if they have any questions to add to that fact sheet. Once it is finalized on Thursday, then he will release it to the public on Friday and believes it will answer all of the questions Mr. Driggers had at the last Board Meeting and any other questions the public has raised over the last couple of days. Director Maruthur said one of the requests she has made that she has not received is the total breakdown of remodeling that has been done and is being done in all of the City facilities. City Manager Kent Myers stated he has not received that request, and Director Maruthur said it was verbal. City Manager Kent Myers responded that can be provided tomorrow morning. Director Maruthur mentioned that another question was A Has the Board just wasted $50,000 of the taxpayer=s money or does the Board seriously have a method for building a new City Hall?@ Mayor Bush replied that the City has not wasted $50,000. He said he is personally impressed with the property that is to be purchased and believes this is the right time. He stressed Board of Directors Meeting 8 April 2, 2007 at 7:00 P.M. that a new City Hall is needed, and there are departments in four buildings; and one central location is needed. Director Maruthur questioned the rationale for spending $50,000 before receiving input from the public. She said she would like to have a new City Hall, especially because of the parking. However, this is a surplus the City knew was coming; and there is a difference between Aneed@ and Awant.@ She commented that is the reason she was questioning the amount of money spent on the remodeling. City Manager Kent Myers replied that staff can present that information tomorrow but will also include the expenses for remodeling the Finance Building since that is one of the buildings being considered for sale. He pointed out that a lot of the money the City spent in the Board Chambers can be taken to another facility, such as the TV screens and the computers. Director Maruthur asked when the public will have an opportunity to vote on any of these issues since this is using taxpayers= money. City Attorney Brian Albright advised that will depend on the option the Board takes with regard to funding, whether or not they funded it through Amendment 62 type funding or whether they funded it through Amendment 65 type funding. He explained that Amendment 65 is a non-tax based bond, and Amendment 62 is a tax-based bond. He advised if it is a tax-based bond, then there must be a public vote. If it is revenue-based bond, then there is no vote by the public unless there is a referendum. He noted that people always have the option of a referendum. Director Maruthur questioned revenue-based bonds, and City Attorney Brian Albright explained they are general revenues generated by the City=s General Fund. Director Maruthur questioned if they are enterprise funds mentioned at the last meeting, and City Manager Kent Myers stated she is referring to the fact that the City charges back to all of its funds the cost for Human Resources, Finance, and IS. He noted the City charges back to all of those funds for its expenses. Director Maruthur asked if that was the cost allocation, and City Manager Kent Myers advised that it was. Director Maruthur commented that Mr. Driggers has asked when the Board will reconsider the request to allow a APublic Comment Section@ on future Board agendas. She said that she would like for the Board, Mayor or City Manager to answer that question. Mayor Bush asked if Director Maruthur wanted to reconsider it, and she replied that she has never been opposed to it and is in favor of it. Mayor Bush said this will be discussed at an agenda meeting and make a decision at that time. He noted that she was not at the last agenda meeting, and Board of Directors Meeting 9 April 2, 2007 at 7:00 P.M. Director Maruthur pointed out that too much business is being discussed at agenda meetings, and it appears that many decisions are made before the public has any input. She stated that the City Attorney has advised the Board that it is not to conduct business without the public for FOI reasons, and she has decided unless there is something that she objects to or wants to get on the agenda, it does not make any difference whether she is present or not. She mentioned that she has asked that they be recorded so that the public could get a copy if requested because the Directors have discussion; and when they get to the Board Meetings, there is no discussion but just a vote. Director Jones said she thought the public was invited to the agenda meetings, and Mayor Bush replied that they are. Director Maruthur pointed out not everybody can attend the agenda meetings. She added there are many people who watch the Board Meetings that do not get out at night, and there are people who work that are unable to attend the agenda meetings. She said that she has asked three times for them to be recorded, and City Manager Kent Myers advised that they are recorded. Director Smith asked if Mr. Driggers feels the Board has listened to his request and if he is comfortable with the time spent on his request, and Mr. Driggers replied that he appreciated it. Director Edwards said that he appreciated him appearing before the Board and expressing his thoughts. 18 Proposed Resolution No. R-07-75 A resolution entitled, AA RESOLUTION APPROVING VARIOUS CONSENT AGREEMENTS REGARDING MAGIC SPRINGS AND CRYSTAL FALLS AMUSEMENT PARK,@ was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Smith, that the resolution be adopted as read. Upon discussion, Director Maruthur said she is in favor of this. However, this is a private business and is being considered by the Board because the City has had bond agreements. For the public=s information, she stated she would like to know what the bond agreements are and why the Board has to agree to allow this business to go under new ownership. Also, she questioned who C&L is that is going to purchase Magic Springs. Board of Directors Meeting 10 April 2, 2007 at 7:00 P.M.  Mr. Dan Alyward, with Magic Springs, advised that C&L is C&L Income Properties, which is one of the largest real estate investment trusts in the United States. He noted they have separate real estate investment trusts that are involved in hotels and other business areas, and this particular one is specializing in leisure industries. They own a number of golf courses, water parks and lodge facilities. He noted their business is to acquire these properties and then lease them immediately to someone to operate them. In this particular case, the assets transferred to them; and Magic Springs simultaneously leased them back so operationally Magic Springs remains in complete control of the operation throughout. Director Maruthur asked if he can explain what the bond agreement is that requires that the Board approve this, and Mr. Alyward explained that the bonds which have been used to finance the initial construction of the park were bonds issued by the City, and then Magic Springs borrowed that money from those bond funds. Those bonds were then guaranteed by the Arkansas Department of Economic Development and the Arkansas Development Finance Administration. There was a small portion of them that is collateralized by the city fund, and that is the portion that triggers the approval process by the Board of Directors. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Edwards, and Bush, total 5. Absent and not voting: Directors Weatherford and Daniel, total 2; motion unanimously carried. Whereupon the resolution was declared adopted. 19 Proposed Ordinance No. O-07-40 An ordinance entitled, AAN ORDINANCE WAIVING REQUIREMENTS OF COMPETITIVE BIDDING FOR HVAC PROJECT AT THE ARKANSAS SCHOOL FOR MATHEMATICS, SCIENCES AND THE ARTS,@ was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Maruthur, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Edwards, duly seconded by Director Maruthur, that the ordinance be passed as read; upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Edwards, and Bush, total 5. Absent and not voting: Board of Directors Meeting 11 April 2, 2007 at 7:00 P.M. Directors Weatherford and Daniel, total 2; motion unanimously carried. Whereupon the ordinance was declared passed. 8 Proposed Resolution No. R-07-66 A resolution entitled, AA RESOLUTION AMENDING RESOLUTION NO. 2482 BY REVISING THE NUMBER OF MEMBERS ON THE ANIMAL CONTROL ADVISORY COMMITTEE,@ 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, Director Maruthur said she has had several people contact her; and two submitted an application to serve on this committee. She mentioned that Director Weatherford said that he had a few applications a couple of weeks ago and was wondering what generated this resolution. City Manager Kent Myers advised there has been a problem filling the position over the last year. To date, the City has received only one application, and there have been problems with attendance and not having a quorum. Therefore, one of the recommendations was to change the membership from seven to five. Originally, disbanding the committee was considered because it became so serious as far as obtaining a quorum; and they could not conduct any business. However, an option was to recommend reducing the membership from seven to five. Director Maruthur asked if only one application was received, and City Manager Kent Myers advised that as of Thursday or Friday of last week, there was only one applicant. Mr. Steve Mallett, Public Works Director, added there was someone who had applied sometime ago; and he was going to be contacted to see if he was still interested. However, as far as new applications, only one has been received. Director Maruthur said she would like to see this resolution tabled because there were several people interested in this. A motion was made by Director Maruthur, duly seconded by Director Edwards, to table the resolution for two weeks; and upon voice vote, the motion unanimously carried. Board of Directors Meeting 12 April 2, 2007 at 7:00 P.M. 14 Proposed Resolution No. R-07-72 A resolution entitled, AA RESOLUTION AUTHORIZING REVISIONS TO THE 2006 BUDGET,@ was taken from the agenda and read by title only. A motion was made by Director Smith, duly seconded by Director Edwards, that the resolution be adopted as read. Upon discussion, Finance Director Dorethea Yates explained this is a request to make a budget transfer for $151,541 from the General Fund to the Street Fund. However, this is not a request to actually transfer that money but is just a budget revision. She further added when staff was putting together the year-end numbers, they realized that when they made the budget adjustment during the year instead of actually recognizing the fact that it will take a transfer to the Street Fund, they just showed it as a fund balance transfer and then realized later that they did not have that much money in Fund Balance to make that transfer. She stressed that it has no impact on the City=s financial results but is just a clean-up. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Edwards, and Bush, total 5. Absent and not voting: Directors Weatherford and Daniel, total 2; motion unanimously carried. Whereupon the resolution was declared adopted. 15 Proposed Resolution No. R-07-73 A resolution entitled, AA RESOLUTION AWARDING A CONTRACT TO CARTER BURGESS, INC. FOR CERTAIN ENGINEERING SERVICES (HOT SPRINGS WATER MODEL REVIEW AND REVISIONS - PHASE 2),@ 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, Mr. Steve Mallett, Public Works Director, explained there is a hydraulic model the City has used for approximately seven or eight years and has been revised twice but has not been revised in three years. The City received a working model, but it has not been an accurate model. He explained there is a lot of field calibration and field measurements that need to take place to match the software with Board of Directors Meeting 13 April 2, 2007 at 7:00 P.M. the system, which was never done. Staff talked with Carter and Burgess to see what it would take to actually bring the City=s model up to where the City could actually depend on the information received from it. He advised they gave the City a quote of $61,089, and the bulk of that is field measurement going out with pressure gauges and taking pressures at different places in the system and making it match what the City has and also providing training to their staff so that the City can keep its model updated once the property is calibrated. With the increasing number of major capital projects in town, he stated it is beneficial to know what kind of effect that is going to have on the rest of the system. Director Maruthur quoted from a page where it says this is needed for current and future water improvements; and then on to the evaluation chart, she said it seems to be very a subjective evaluation. She said that she would like an explanation as to why the City was awarding to this company, even though she is not familiar with any of the companies. Mr. Mallett explained there were three firms; and Mr. Julian Brown, project manager at Carter Burgess, has extensive experience in water and hydraulic modeling and is regarded by everyone in the State as being the expert in this field. He has dealt with this software and the software package. Based on the results the City has seen and experience he has had with other firms in other cities with identical software, they have a working model and have software they can depend on to be accurate. He can also provide in-house training for the employees to be able to maintain it so he does not have to some back in three years and go through this same process again. Director Maruthur commented that everything was rated, and she just wanted to hear the reason behind it. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Edwards, and Bush, total 5. Absent and not voting: Directors Weatherford and Daniel, total 2; motion unanimously carried. Whereupon the resolution was declared adopted. OTHER BUSINESS 20 Board of Directors Items Director Edwards commended the Police Department and Sergeant Johnny Mann for the excellent work at the race track. Board of Directors Meeting 14 April 2, 2007 at 7:00 P.M.  Director Jones said she was proud to have been part of the Mayor=s Youth Council in Washington DC. She publicly apologized to Ms. Juanita Williams, with the BG Foundation ,and to all of the members of the Foundation that was held on Saturday at the Garland County Library that she was to attend. However, due to a mixup, she did not attend. She announced there will be a Roast and Toast honoring Dr. Patel and Captain Willie McCoy at the Austin Hotel on April 8 at 6 p.m. The tickets are $30 and can be obtained by calling her. Also, regarding the Boards and Commissions Appreciation Dinner, people were pleased with the speaker, Mr. Jason Hudnell. She reported that Justice of the Peace Thomas Anderson is also having a meeting for his district, which will be announced in the newspaper; and Pleasant Street District will have its meeting on Saturday. She stated she received a call from a lady who is doing a garden, and they are having a committee meeting to form gardens in all of the districts. If anyone is interested, they may call Director Jones. Director Maruthur expressed appreciation to Ms. Margaret Parris for her work on the Annual Appreciation Dinner and to Mr. Jason Hudnell for his motivational presentation. She reminded the people in the Park Avenue area that there will be a Park Avenue Community Association Meeting at the Tower of Strength Church on April 10, at 7 p.m. She announced there are three important issues to address: (1) development of the Majestic Hotel; (2) two motels in the area; and (3) beautification project being implemented in the Park Avenue area. If people would like to contact her, they may call 624-1965. 21 City Manager=s Report City Manager Kent Myers gave the following report: 1. Earlier this year, the Board committed to having tours of all the districts this year, as well as public meetings in all of the districts. The first tour and meeting is scheduled in April, and written notices will be sent to the Board. Regarding District 2, there will be a tour on Thursday, at 12 noon, April 26. Also, that evening, there will be a public forum at the Webb Community Center at 6 p.m. Board of Directors Meeting 15 April 2, 2007 at 7:00 P.M.  2. Next Tuesday, April 10, is Free-Ride Day for the Intracity Transit. The buses will operate from 6 a.m. to 6 p.m. Also, in conjunction with that event, there will be a fair at the Transportation Depot. There will be 30 merchants and different nonprofit organizations that will be giving away prizes, and one of the prizes will be a yearly bus pass. 3. Finance Director Dorethea Yates has determined that there are sufficient funds in the City=s bond fund to pay off the bonds on the Civic and Convention Center, and she has prepared a certificate for the Mayor to sign. The Certificate documents that the City has the funds available to proceed with notification of the bond trustee and proceed with the final payment on those bonds. 4. On the Consent Agenda, the Board made an appointment to the Hot Springs/Garland County Beautification Commission (LaJean Burnett). Mayor Bush announced that a work session will be held on Tuesday, May 1. There will be an agenda meeting at 4 p.m., and the work session will be held at 5 p.m. on May 1. 22 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:10 p.m., to meet again on Monday, April 16, 2007, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 16 April 2, 2007 at 7:00 P.M.