Board of Directors
Regular MeetingHot Springs, AR · April 16, 2007
Minutes
MINUTES
BOARD OF DIRECTORS MEETING
APRIL 16, 2007, AT 7:00 P.M.
The regular meeting of the Board of Directors was held on Monday, April 16,
2007, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding.
The invocation was given by Ms. Audrey Ann Atherton, and Pledge of
Allegiance to the Flag was led by Mayor Bush.
Mayor Bush called the meeting to order at 7:00 p.m.
1 Roll Call
Roll call was as follows: Present: Directors Peggy Maruthur, Elaine Jones,
Steve Smith, Carroll Weatherford, Bill Edwards, Tom Daniel, and Mike Bush, total 7.
2 Approval of Agenda
A motion was made by Director Daniel, duly seconded by Director Edwards, that
the agenda be approved.
Upon discussion, City Manager Kent Myers advised that Item No. 21 needs to be
removed from the agenda and considered at the May 7 Board Meeting since the
applicant, Ms. Williams, is ill.
Mayor Bush then called for a vote on the motion to approve the agenda, as
amended; and upon voice vote, the motion unanimously carried.
3 Approval of Minutes of April 2, 2007 Board Meeting
A motion was made by Director Edwards, duly seconded by Director Maruthur,
that the minutes of the April 2, 2007 Board Meeting be approved; and upon voice vote,
the motion unanimously carried.
4 Recognition of Guests
Director Edwards recognized his brother-in-law, Mr. Elza Young.
Director Daniel expressed appreciation to the Board, citizens in District 6, and
Hot Springs Women of Prayer for their cards, flowers and prayers during his recent
surgery.
CONSENT AGENDA
The Consent Agenda consisted of the following:
5 Public Safety Report (April 4, 2007).
6 Proposed Resolution No. R-07-76 Accepting Certain Bid Awards (a)
Concrete/Cement - Public Works [annual supply contract awarded to C.J. Horner
Company]; (b) Concrete Pipe- Public Works [annual supply contract awarded to
Hanson Pipe and Products]; (c) Curb, Gutter and Sidewalk Construction - Public
Works [annual supply contract awarded to DCJ Construction ]; (d) Fork Lift -
Public Works/Street [awarded to Hugg and Hall in the amount of $42,883]; and
(e) Aluminum Sulfate - Utilities [annual supply contract awarded to Bay
Chemical].
7 Proposed Resolution No. RB07-77 Authorizing the Filing of a Grant Application
with the Federal Aviation Administration (FAA) and State Aeronautics
Commission for Grant Funds to Purchase an Air Rescue Firefighting Vehicle,
Engineering of the Rehabilitation of Runway 13/31, and Obstruction Survey of
Runway Approaches.
8 Proposed Resolution No. R-07-78 Awarding a Contract to E-One, Inc. for an Air
Rescue Firefighting (ARFF) Vehicle for the Airport.
9 Proposed Resolution No. R-07-79 Authorizing Filing and Accepting a Grant
with the U.S. Department of Justice Pursuant to the Bureau of Justice Assistance,
Bulletproof Vest Partnership Program.
2
10 Proposed Resolution No. R-07-80 Approving an Agreement with Frank Manzer
and Associates for Appraisal Services Related to the Hot Springs Municipal
Building Complex.
11 Proposed Resolution No. R-07-81 Waiving the Facility Use Fees for the ADu for
the Parks@ Event to be Held at the Transportation Plaza and Adjacent Streets on
May 28, 2007.
12 Proposed Resolution No. R-07-82 Authorizing the Purchase of an Easement
from Ancil and Rosalyn Carole Berry, 2050 Airport Road, for the Southwest
Wastewater Treatment Plant.
13 Proposed Resolution No. R-07-83 Awarding a Contract to All Service Electric,
Inc. for an Emergency Generator for the Ouachita Water Treatment Plant.
14 Proposed Resolution No. R-07-84 Awarding a Contract for Engineering
Services to B&F Engineering, Inc. for 2007 Waterline Improvements.
15 Proposed Resolution No. R-07-85 Certifying Local Government Endorsement
of Business to Participate in the Tax Back Program (as Authorized by Section
15-4-2706[d] of the Consolidate Incentive Act of 2003).
A motion was made by Director Edwards, duly seconded by Director Jones, that
the Consent Agenda be approved; and upon roll call, the following voted Aaye@:
Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7;
motion unanimously carried.
UNFINISHED BUSINESS
16 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. (Tabled 4-2-07)
Board of Directors Meeting 3 April 16, 2007 at 7:00 p.m.
A motion was made by Director Edwards, duly seconded by Director Jones, that
the resolution be adopted as read.
Upon discussion, Director Maruthur pointed out there has been a problem getting
members to attend the meetings; and this resolution will reduce the number of members.
She stated several people have contacted her, and she has also contacted several
citizens. She added there are five new applicants, and she would like to see this
resolution defeated.
Mr. Steve Mallett, Public Works Director, reported there are currently four
remaining members; and with the five new applicants, they should be able to fill the
other three positions.
Mayor Bush then called for a vote on the motion to adopt the resolution; and
upon roll call, the following voted Ano@: Directors Maruthur, Jones, Smith, Weatherford,
Edwards, Daniel, and Bush, total 7; motion unanimously failed. Whereupon the
resolution was declared failed.
17 Proposed Ordinance No. O-07-35
An ordinance entitled, AAN ORDINANCE ADOPTING REGULATIONS
GOVERNING THE EXTENSION AND CONNECTION OF MUNICIPAL WATER AND
WASTEWATER SERVICES,@ was taken from the agenda for consideration. (Tabled
3-15-07)
A motion was made by Director Jones, duly seconded by Director Maruthur, that
the rules be suspended and the ordinance be read for the first time by title only; and
upon voice vote, the motion unanimously carried. The ordinance was then read for the
first time by title only; and upon the question AShall the ordinance be passed as read?@
and upon motion of Director Daniel, duly seconded by Director Weatherford, that the
ordinance be passed as read.
Upon discussion, Mr. Bob Driggers commented that the City is under a Court
Order and read the following sentence from that Court Order from November 3, 1994:
AThe court hereby orders that all petitions for annexation and all pre-annexation
agreements and all Bills of Assurance mentioned in Paragraph 15 above herein which
were executed as a result of the requirements of Resolution 2821 are void ab initio
(from the beginning or from the inception).@ He said what this means to him is if the
Board of Directors Meeting 4 April 16, 2007 at 7:00 p.m.
City has continued this practice, which it apparently has, the City is potentially in
contempt of court and likely all annexations made in recent years were actually forced
annexations using water and sewer service as the blackmailing agent rather than
voluntary and are null and void.
Mayor Bush questioned where Mr. Driggers resides, and he said it is #3
Stonegate. Mayor Bush asked what City district that is located in, and Mr. Driggers
replied that is probably the next district to be annexed, and he does not live in the
district.
City Attorney Brian Albright advised that the ordinance Mr. Driggers is referring to
in 1993 has been repealed and has not been on the books for sometime. He advised
there have been a number of voluntary annexation during that period of time, but he
agrees with Mr. Driggers that it does not need to be the City=s policy to require such
annexation in order to receive water and sewer; and the City is not doing that.
Mr. Driggers stated that the City=s concerns should be whether or not those
annexations that have used water or sewer in recent years are legal annexations.
Director Maruthur asked if there are any problems if the Board votes Ayes@ on this,
and City Attorney Brian Albright advised that the ordinance on the floor does not
require annexation with respect to property that is contiguous to the City in order to
receive water or wastewater services. He stressed those provisions have been
removed, and there is no mention of annexation in the ordinance.
Director Edwards commented that anyone requesting water or wastewater
extension is to pay the full amount, and City Attorney Brian Albright stated as written in
the policy, anyone seeking extension will have to pay for the cost of the extension. He
added with respect to the Order that has been mentioned, this was a Consent Order
that was entered into in 1994 as a result of a lawsuit that was filed in 1993. He said he
does not agree with the terms of that Order, but that is the Order and is not what is
required under State law. However, it is an Order in which the City entered into with its
consent and is, therefore, bound by it.
Director Maruthur asked if there was going to be any more contiguous or line of
sight, and City Attorney Brian Albright advised if someone wants to annex into the City
and reap the benefits of being a part of the City, then they can petition to voluntarily
annex as authorized under State law. In the process if they receive water or wastewater,
Board of Directors Meeting 5 April 16, 2007 at 7:00 p.m.
that is a benefit; but the City cannot use water or wastewater as a tool to require
annexation. That was the terms of the Consent Order, and the City must abide by 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, Weatherford, Edwards, Daniel,
and Bush, total 7; motion unanimously carried. Whereupon the ordinance was
declared passed.
NEW BUSINESS
18 Proposed Resolution No. R-07-86
A resolution entitled, AA RESOLUTION ESTABLISHING A POLICY REGARDING
APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES; AND
REPEALING RESOLUTION NO. 4647,@ was taken from the agenda and read by title
only.
A motion was made by Director Maruthur, duly seconded by Director Daniel, that
the resolution be adopted as read.
Upon discussion, Mr. John Martineau, 100 Trivista Right, District 5, spoke in
opposition to the resolution pointing out that changing this policy would limit the diversity
of the committees and commissions that the City has in respect to age and
demographics. He requested that the Board not change the current policy.
Director Maruthur stated that the pattern has been for the last several years
when there is an opening on the Civil Service Commission, Planning Commission, or
Board of Zoning Adjustment, the Board has gone to an interviewing process due to the
number of applicants. However, there are a few commissions the Board has a
problem filling. She pointed out that the Board had considered abolishing the Animal
Control Committee, but her recommendation was that the Board only limit it to the ones
where there has been a difficulty filling in the last few years.
Board of Directors Meeting 6 April 16, 2007 at 7:00 p.m.
Deputy City Manager Lance Hudnell advised there are some other advisory
committees that would no longer have the residency requirements if the Board
passes this resolution. However, the Board of Zoning Adjustment, the Board of
Adjustments and Appeals, the Planning Commission ,and the Civil Service Commission
would still have the residency requirement. He added it would only be those
committees and commissions where there is a problem getting members that would
not have the residency requirements.
Director Maruthur commented for years, there was not any district restriction; but
there was representation. She said it was noticed on the Planning Commission, and
there seemed to be an inordinate number of people, which was from District 6. She said
she did not have a problem with it, but the recommendation was to have equal
representation from each district, which sounds good; but there has been a problem
filling certain committees or commissions. She also pointed out that the Directors
receive a ballot to vote for one person, but there is only one applicant. She added the
Board takes that applicant because there is not another one, which is no choice and is
not a good idea because it restricts who can apply. She pointed out the demographics
of the City change.
Mr. Martineau asked if there will be more positions for people to serve on, and
Director Maruthur said there will be more opportunity for people that are interested.
She added that whoever prepares the applications can make it clear who is already
serving, which districts are represented, and if there is an opening for a district that is
not represented, hopefully they would get priority. She pointed out that many people
sign up but do not show up for the meetings.
Mr. Martineau pointed out that many people sign up and then are never
contacted after signing up.
Director Jones stated that she disagreed with Director Maruthur because she
would not want someone representing District 2 from District 6. She said she agreed
with Mr. Martineau if the Board found five people for two positions, the Board can find
someone else for Districts 2 through 6.
Director Smith said he is favor of keeping the current system. He added that in
looking at the breakdown by districts, there appears to be a diverse representation. He
noted this is being considered because there was a problem with one committee, and
currently that has been resolved. He stated that he likes the diversity across the City
and would be concerned that one district might get out of balance; therefore, he is
going to oppose any change in the existing policy.
Board of Directors Meeting 7 April 16, 2007 at 7:00 p.m.
Director Edwards stated that he believes it is better to make this more diversified
as opposed to not having enough people to serve.
Director Maruthur commented if this resolution fails, she is going to bring it up
again because she does think it is fair to get these ballots and have one person apply.
Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the
following voted Aaye@: Directors Maruthur and Edwards, total 2. Voting Ano@: Directors
Smith, Weatherford, Daniel, Jones, and Bush, total 5; motion failed. Whereupon the
resolution was declared failed.
19 Presentation by Mr. Paul Young Regarding Municipal Building Financing
Plan
Mr. Paul Young, city=s financial advisor, stated that included in the Board packet
was information regarding proposed financing, and several options were provided based
upon how much money is contributed to the project or how much equity is put in,
primarily whether or not some of the excess funds are withheld that are remaining after
retirement of the 2001 sales tax bonds for some other purpose. He explained as
security for this financing, franchise fee revenues are proposed to be used; and under
Arkansas law, those revenues are considered revenues that can be used to secure a
bond issue without an election, which means of financing have been used in the past by
a number of cities in Arkansas, including the city of Little Rock. It is a commonly used
form of financing for this type of project. In the information he provided, there were two
options; and in terms of the results of the financing scenario, the results are based on
the project size which is estimated to be $9 million; and then that $9 million would be in
part funded by the equity contribution; and the financing would also fund a debt service
reserve, much like the City had in the 2001 sales tax bond issue that is about to be paid
off. Essentially that reserve which is held equal to one year=s payment goes to make
the last year=s payment on bond financing. The resolution before the Board tonight
authorizes the Friday firm and his firm to proceed with preparing this financing to
accomplish this project and come back with financing terms that are within the
parameters of the resolution for the Board=s ultimate authorization by adopting a bond
ordinance. He said the City=s administration indicated that a budget of $500,000 a year
was the budget that would like to be used to set payments for the bond financing; and
as a result of that if there is more or less money available as equity, then that is going to
affect the financing term. In this particular situation, if less is put in, there is a financing
term of three years longer than would otherwise be the case. He noted there is
Board of Directors Meeting 8 April 16, 2007 at 7:00 p.m.
information in the Board packets regarding the flow of funds and debt service service
schedules that is all based on preliminary interest rates. He noted there are two blanks
left in the resolution depending on which option the Board elects to follow. One blank
sets forth the maximum amount of bonds to be issued, which can always be changed,
and it is likely the ultimate issue would be less than that. He said what he
recommends when setting a maximum is to provide some contingency to work with. He
also makes some projection about how much the earnings on the funds will be before
the funds are submitted for the project. Essentially, that reduces what is required.
However, for this maximum amount, he has ignored that. It is something that has not
been totally refined yet, and it is not exactly known what the payment period for the
project requirements will be until that actually happens. The other thing would be the
estimated amount that was put in as equity.
In response to Director Edwards, Mr. Young commented that the City has
prepared an estimate on how much money will be remaining; and he used that entire
amount based upon instructions from the City. He has also used an alternative that
would dedicate $500,000 of that project to some other project, which he understands
is the Higdon Ferry project.
Director Daniel commented the City is paying the facility off early; and in this
case, the City is going to be collecting the sales tax money; and the State will collect it
until June 1. He asked that he explain why the $2 million, or whatever amount it turns
out to be, will be collected and where it has to go.
Mr. Young advised that when the authorizing Constitutional Amendment No. 62
was adopted and voter approved in the mid-1980's, those that drafted the Amendment
recognized that it was impossible to precisely terminate a tax at the exact time the
bonds were paid off so they made a provision to the extent that there is excess
remaining funds, then those dollars can be used by the City for any lawful or legitimate
purpose. He stated the tax it is collected at a local level; and then the local level remits
that to the State. The State turns around, and sends it back to the City or the trustee in
this case. He said that is basically a two-month lag, and it is not prudent to terminate a
tax until the money is in hand to pay the bonds in full. He explained it is bad practice to
take the tax off the books. He advised that the State has a procedure by which the tax is
terminated, which takes some extra time. This situation whereby there are excess
funds available happens in every situation like this around the State of Arkansas. The
numbers are different based on the size of the financing and the size of the sales tax
collections. He said this occurs in every situation where a tax has been dedicated
Board of Directors Meeting 9 April 16, 2007 at 7:00 p.m.
exclusively to bonds and to no other purpose and is terminated when the bonds are
repaid.
Director Smith pointed out the City is retiring a 2 cent sales tax five years early,
and the Board is going to consider two options: Option 1 would dedicate all of the
projected surplus funds to this project. Option 2 would dedicate $1,567,000 to the
project. The remaining $500,000 would be dedicated to improving the Higdon Ferry
Road project.
There being no further discussion, Mayor Bush called for the next order of
business.
20 Proposed Resolution No. R-07-87
A resolution entitled, AA RESOLUTION AUTHORIZING THE OFFERING OF
CAPITAL IMPROVEMENT REVENUE BONDS TO FINANCE A PORTION OF THE
COST OF A NEW MUNICIPAL BUILDING; AUTHORIZING THE EXECUTION OF A
BOND PURCHASE AGREEMENT; AND PRESCRIBING OTHER MATTERS
PERTAINING THERETO,@ was taken from the agenda and read by title only.
A motion was made by Director Daniel, duly seconded by Director Edwards, that
the resolution be adopted as read.
Upon discussion, Mr. Davis Tillman, 118 Central Avenue, District 1, pointed out
that the present City Hall was built in 1965 to 1965's needs and requirements but is
inadequate for today=s needs. He noted it has very little parking, and its ADA design
needs to be reviewed. If the present building remains, he stated the City is falling
behind and is failing to recognize the accomplishments and growth that the City has
achieved over the last 40 years. He said this will also be failing to invest in the City=s
future, and the City needs to invest in a building that will help build the future of the
community.
Mr. Bob Driggers, #3 Stonegate, stressed that he is not opposed to a new
municipal building but wants his money spent properly and wisely. He said that he has
asked for two things: (1) a spreadsheet justifying the need for such a building, and what
was provided was not a spreadsheet. He noted a spreadsheet would normally consist
of current versus projected finances, expenses, payments, maintenance, debt service,
depreciated values, utilities, etc. Also, the question and answer form that was a fact
sheet is all he has really seen. He commented the only justification so far that he has
Board of Directors Meeting 10 April 16, 2007 at 7:00 p.m.
heard is that the Mayor approves of it, and the City Manager believes the City offices
are spread out too far. However, it can be paid for because there is a plan. He
stressed that having a plan, the money, and a couple of people in favor of this are
not sufficient. He stated that the citizens should get a chance to vote on it; and (2)
request a vote to approve spending citizens= tax money or increases in fees to the
public. He mentioned that today many people=s work is spread out, and many people
prefer that. He added that e-mails replace phone calls, and very few face-to-face
meetings are necessary to be productive. Also, many people work at home via
computers. He noted that the employees are connected via e-mail and computers, and
being under one roof is not necessarily a justification. He said he would still like to see
the financial sheet and a vote by the citizens.
Director Edwards asked if he has visited the offices in City Hall and other offices,
and Mr. Driggers said that he has not been to the maintenance facility, which has no
reason to be consolidated. However, he has visited most offices in the Finance
Building, every office in City Hall, the Transportation Plaza, and the Parks and
Recreation. He said that some could have improvements. He added that he is not
opposed to a new City Hall but would like to see the justification. He pointed out he
has not witnessed crowded conditions, and the fact sheet is not justification for a $10
million expenditure. He urged the Board to let the citizens see how the money will be
used, justify it, sell it to the public, and let them vote.
Director Jones asked if he was referring to the Garland Good Government Group,
which has recently been formed; and Mr. Driggers replied that he is a member of that
organization. However, they will not be officially formed until after Thursday. He
added they do have officers at the current time, but they are in the formation stages.
Director Jones stated there is a citizen=s group that is being formed, which will be good
to have opposition. Mr. Driggers replied that this is not opposition, and they intend to be
fair and balanced and hope that the Directors will speak to their group.
Mr. Darrell Meyer, 163 Lotus Loop, District 6, said he is chairman of the Garland
County Economic Development Corporation; but there has not been a formal meeting
on the issue at this time. However, they are going to have a fact-finding meeting
Thursday. He stated this is a process that needs to get started; and the way to get it
started is to vote on this tonight; then they will eventually get all of the details. He
commented they cannot get all of the details until it is approved by the Board, and the
bond counsel works out the details. He stressed that a new City Hall is needed.
Board of Directors Meeting 11 April 16, 2007 at 7:00 p.m.
Mr. Ted Burhenn, 318 Trapp Mountain, said he resides in the County but has
property in most of the districts. He stated he has a vested interest in the City and does
not want to see the tax money wasted. He added that his sales tax goes to the City,
and 99 percent of his materials come from the City. He mentioned that he is not
against a new City Hall and is probably warranted, but he is against this project being
an emotional project. He commented that he has seen the Finance Building, the
bottom and top of it, and the elevator shaft. He said that he knows the crowded
conditions and eventually there will be a need for a new City Hall. However, he does
not believe it is being done in a proper manner and should be in a positive attitude. He
stated the citizens have only seen one option. He expressed appreciation to Mr.
Young for his comments, which were very informative. He pointed out that the roof at
the Finance Building was replaced around 1998 or 1999, and he said he checked that
roof and questioned if anyone has addressed it still being under warranty. He said he
believes this can be turned around positively and receive input from the citizens.
Director Daniel said when the City started this process several weeks ago, it tried
to explain to those who were contesting it there was a process that had to be followed.
First, the City had to know if the property was available. Without knowing if the
property was available, there was no point in going forward. He stated all of the things
the City said it was going to do were in place to do that. Regarding the money, he
noted the City tried to explain it several times. He said the City does not have a choice
nor does the Advertising and Promotion Commission. He commented that money
comes to the City, which is the law. He stressed that the City is not taking the money
away from the Advertising and Promotion Commission because it is no longer their
money, but that money goes to the City to do just as Mr. Young explained. He stated
that no one has said the City is going to tear down the Finance Building.
Mr. Burhenn said the indication has been that it is no longer of any value
because it is leaking and is an old facility. Director Daniel pointed out that the City is
going to sell that property and also the City Hall property, but the City does not need to
deprive the citizens of Hot Springs nor people who want to move here. He noted Hot
Springs has been a progressive city during the last 10 to 15 years. He pointed out the
facilities have been inspected and are in bad condition. He noted City Hall was built in
1965 and has been renovated. Also, the City has outgrown this facility and the old Fire
Department, which houses the IS, Parks and Utilities Departments. He stated the
Convention Center was a $32 million project, and the City came in ahead of time and
under budget. He added it was the largest municipal project of its kind in the State of
Arkansas at that time. Then the City decided to expand it and is paying it off five years
ahead of time. He stated the City has just taken off a 2 cent sales tax.
Board of Directors Meeting 12 April 16, 2007 at 7:00 p.m.
Mr. Burhenn commented that the taxpayers did this, and the Directors directed
and guided the way. He stated that citizens, as well as city employees, are looking at
living at poverty levels; but the City wants to build a new building. He stated that the
employees may be crowded, but they also are very tight when they have to make their
paycheck spread out over a month.
Director Daniel said that everyone he has talked to who works for the City is
probably very happy and has very good benefits.
Mr. Burhenn asked if the wishes of the people are going to be ignored or can
they do that positively and work their wishes in with this. Director Daniel commented
they are not giving the City a chance to work the system. Mr. Burhenn said this
was discussed in a meeting that they were not privileged to but has now learned that
they can attend the agenda meetings.
Mr. Mike Ferguson, 108 St. Charles Court, District 6, representing the Chamber
of Commerce, said that the Chamber of Commerce recognizes the need for a new
facility; and they have referred this issue to the Metro Task Force of the Chamber. He
advised they plan to meet with the City in the next few days to get additional
information and facts. However, at this time, the Chamber encourages moving this
process forward.
Mr. Casey Jones, 131 Circle Drive, District 1, said that he is not for or against it;
but there have been concerns expressed to him from people who work at Jackson
House and others. He said the only thing they have heard is everyone=s opinion and
have not seen anything on paper that says this is the growth of the City=s employees in
this particular building; this is the projected growth three or four years from now; this
building will be outmoded; or where the City is by converting to this system or to that
system. He said he cannot answer that, but it is not a negative thought out there but is a
real concern. He stated he has a couple of people say to him if the City forces this on
them, the City will have a difficult time passing a bond issue or tax issue in the future.
He stressed this is not his statement. He mentioned there needs to be an educational
program going out that explains in detail. He noted that articles have been put in the
newspaper. However, they are opinions; and citizens do not want opinions but
information so they can develop their own opinion. He said that is what he is hearing
from the public and is his concern because if citizens feel they are left out, there could
be some real problems in the future with bond and tax issues. He pointed out that he
is not complaining, but the City needs to work this out in such a way that people
Board of Directors Meeting 13 April 16, 2007 at 7:00 p.m.
understand fully; and if this building is needed, there will not be any problem. However,
there could be ramifications of this decision later on if it is not properly done.
Mr. Sandy Scott, 345 Chaucer, District 2, said this building is good as far as
appearance; and in 1967, employees had plenty of room. However, that is not the case
now. He pointed out this building is terrible as far as handicapped accessibility. He
noted if handicapped people have to go downstairs, they have to go outside the building.
Therefore, he encouraged the City to construct a new building.
Director Maruthur said that although she is a Director, she is also a resident of
the community; and the Board should thank the people who voted them to the Board for
the surplus. She noted there are legitimate concerns about ADA accessibility. She
stated that she reviewed the papers on the strategic plan; and in April 2006, the
residents of Hot Springs were sent a strategic plan to fill out by the City Manager.
She pointed out from the results, the concerns of the citizens have to do with police and
fire protection, housing needs, and streets being paved. She added that if anyone would
like a copy, it is on-line; but if they do not have access to a computer, they may ask any
of the Directors, Public Information, or anyone in the City. She noted the City has a
$2+ million surplus. She commented that the citizens do not see the work sessions or
agenda meetings. She added there are numerous letters to the editor that they either
do not make it there, or they have too many issues and cannot publish all of them.
She said there was a meeting on October 7, 2006, and was called the hiring freeze. On
October 11, the City Manager=s update said this freeze was going to be in effect and
things should get better at the end of 2006. She stated because of turnback monies,
the games of skill at Oaklawn, and the surplus from the bond issue that was approved
by the voters, the City does have money. However, having money does not mean the
City has to spend it on a facility. She stressed that she is not opposed to a new City Hall,
and there is a need for parking and ADA compliance. Also, the city employees deserve
to get better raises than they have received; and many employees have left. Also, there
is a need for more police officers and better pay to geographically cover the City. She
mentioned there is a need for more cooperation to help the Police Department and a
need for real substations. She pointed out that the boundaries of the City have
expanded, but there has not been an increase in the number of fire stations to
adequately serve the people. She pointed out that the City should not consider
firefighters after a disaster but take care of them when there is surplus money. She
said for three or four years, she has been asking the City verbally and with memos to
paint the white poles and the historic poles and to do some powerwash in CBID No. 2.
She mentioned there is going to be a celebration of the 175th anniversary of the National
Park, and this is not attractive when looking across the street. She stated the Board was
Board of Directors Meeting 14 April 16, 2007 at 7:00 p.m.
elected by the citizens of the community to take care of their needs, and their needs
come first, which are water, sewer, paving, safety, lights and all of the basic services
that they expect the City to provide them with using their tax dollars. She said that she
wanted a new City Hall, but she wanted to make sure the citizens and city employees
got the best before building this facility. She commented that she has been concerned
about City Hall and making it ADA compliant. She stated when she was elected, she,
some of the other Directors, and citizens in the community helped paint much of City
Hall. She mentioned when she was elected, the citizens had approved the fire stations
at that time, and they were slow in getting built; but she pushed for them to get built
because the citizens approved it; and there was a need. She said she led the
movement to get the new police station, and there were wires hanging down, an
exposed light bulb, and plumbing problems. She stated a new City Hall is needed, but
every time there is a work session, the Directors want more for their district. She
added the Board is concerned about CDBG money, matching grants, where the money
should go, and how many streets can be paved. She questioned how many times the
Board can put people on alternative paving programs when they have huge potholes
and the City does not have the money. She said that is her concern. At the last
agenda meeting, she said she asked the Board to vote Ayes@ or Ano@ for a referendum to
let the citizens, who she believes are interested, educated, and pay a lot of money to
live in the city, decide and vote. She mentioned everyone cannot attend a Board
Meeting and let the Board know how they feel. She said they did respond to the
strategic plan; and in the strategic plan it says AThe Hot Springs Board of Directors is a
cooperative group of elected community leaders accountable and responsible for
serving all the citizens of Hot Springs.@ It mentions helping clean up the city and
providing a quality of life. She said she wants to see people moving back into the City.
She mentioned that taxes are quite high in the City. She stressed that she is not
opposed to this issue and is not opposed to letting the citizens have vote. She said
that she was told at the next Board Meeting, the Board could have a vote; but this is
being asked tonight in a resolution. She stated that she spoke to the City Attorney,
and the Board would have to come back; and it would be done by ordinance. She then
asked each Board Member if they would allow the citizens to vote on this bond issue.
Director Jones stated that the citizens should vote if they have to vote, but the
Board needs to follow each guideline before anything can be put into place.
Director Maruthur commented that at the next meeting, it was approved there
would be an item and agenda number to allow a referendum to allow the people to
vote on this. She said if the people are in favor of this, they will vote Ayes.@ She
Board of Directors Meeting 15 April 16, 2007 at 7:00 p.m.
stated she would like something answered from the Board and asked the question at
the agenda meeting.
Mayor Bush pointed out that all of the Directors were all elected by the people of
Hot Springs, and they elected her to make decisions just like this.
Director Maruthur said that she will give him a copy of her brochure, but it says
there will be a voice representing District No. 1; and there will be a better delivery of
basic services. She noted at the time she ran for office, the Police and Fire
Departments were operating under bad conditions.
Mayor Bush pointed out they have good conditions and commended the Board
for that.
Director Maruthur stated it was the tax money that did it, and she is asking if the
Board is willing to allow the people to vote on this issue.
Mayor Bush questioned if she wants the Board to vote on every item that comes
before the Board, and Director Maruthur said this is about $2 + million and a $10
million project. She added if there is enough money to do all of the things the Directors
need to do in the districts, she will be the first one on a petition to go out and work for
it to make sure it happens.
Director Smith said she made a statement that taxes in the city are quite high
and asked that she give an example. Director Maruthur stated there is a Ahamburger@
tax. She added when she goes other places, there is not as much tax. Director Smith
asked how she would compare property taxes, and Director Maruthur said she is not
referring to property taxes but the taxes people have to pay when they go to a store.
She noted that the citizens elected the Directors to the Board and asked if anyone ran
on travel or on building a new City Hall.
Director Smith commented he was elected by the people in District 3 to make
these decisions and respect their vote, and he will vote on this decision. Director
Maruthur asked if he knows what they want, and Director Smith said that he receives
enough phone calls. He stated that on the calls he has received and the study he
does, he believes in this project.
Board of Directors Meeting 16 April 16, 2007 at 7:00 p.m.
Director Maruthur said she is asking the Directors if they are willing to allow the
people of Hot Springs to vote. Mayor Bush said that he is elected at-large and is
elected to make those decisions.
Mayor Bush then called for a vote on the resolution on the floor.
City Attorney Brian Albright pointed out that the resolution has two blanks and
asked that Mr. Young identify the figures that will be inserted.
Mr. Paul Young stated that the first blank regarding the maximum principal
amount of bonds for Option 1 would be $7.8 million; and for Option 2, it would be $8.3
million. The second blank regarding available funds for Option 1 would be
$2,067,000; and for Option 2, it would be $1,567,000.
Director Smith asked if Option 2 would add three years to the bond maturity, and
Mr. Young replied that it would.
A motion was made by Director Smith, duly seconded by Director Weatherford,
to adopt Option 2.
Upon discussion, City Attorney Brian Albright stated that the first blank in the
resolution would be $8.3 million and the second blank in the resolution would be
$1,567,000 with a balance of $500,000 being in the General Fund to be applied to
whatever project the Board might choose to do in the future.
Director Edwards stated the money for Higdon Ferry Road, he would like for it to
start at Central and go to the MLK Expressway. City Manager Kent Myers advised at
this point, the Board would not make any decisions on the use of that money but would
come back to the Board for allocation. He stated the Board would have to decide how
the $500,000 is spent based upon recommendations from the Public Works Director,
who will have a list of items he would recommend to use the $500,000 all related to the
Higdon Ferry Road project. He said one specific project discussed on Higdon Ferry
Road is the Lakeshore intersection, which will be very busy as a result of the shopping
center project; and he will have numbers on what it will take to improve that intersection.
He advised that the $500,000 will not include the rest of Higdon Ferry, and the latest
number all the way to Central Avenue was over $5 million to do that. Because of the
right-of-way acquisition, there are some buildings that will have to be relocated. He
noted that $500,000 would just get started, and that is why he is suggesting carrying the
Board of Directors Meeting 17 April 16, 2007 at 7:00 p.m.
project forward from the County Fairgrounds to Lakeshore intersection. However, that is
the Board=s decision.
Director Maruthur pointed out that the agenda meeting on Tuesday, Mayor Bush
mentioned he wanted to see some things and ask some questions and think about it for
a day or two before he voted, and Director Smith said that he wanted time to digest this.
She stated that was when she asked for it to go for a vote to the people.
At this time, Director Maruthur made a motion to table the resolution so that
Mayor Bush and Director Smith could do what they said. There being no second to the
motion, the motion died for lack of a second.
Mayor Bush then called for a vote on the resolution with the figures of Option 2
included with a maximum principal amount of $8.3 million and the approximate
contribution of the City of $1,567,000; and upon roll call, the following voted Aaye@:
Directors Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 6. Voting Ano@:
Director Maruthur; motion carried. Whereupon the resolution was declared adopted.
Director Maruthur explained that she would not cast a Ayes@ vote without a vote from the
people.
21 Request from Ms. Donna Williams Regarding Drainage Problem at 345
Molly Springs Road (Removed from the Agenda at Request of Ms.
Williams).
22 Presentation of Condemnation Resolutions
Mr. Bart Jones, Rehab Administrator, gave a slide presentation on the proposed
condemnation resolutions.
22a Proposed Resolution No. R-07-88
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL
PROPERTY PURSUANT TO ORDINANCE NO. 4623@ was taken from the agenda and
read by title only. (303 Chelsea)
Board of Directors Meeting 18 April 16, 2007 at 7:00 p.m.
There being no one to speak in opposition, a motion was made by Director Jones,
duly seconded by Director Maruthur, that the resolution be adopted as read; and upon
roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford,
Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the
resolution was declared adopted.
22b Proposed Resolution No. R-07-89
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL
PROPERTY PURSUANT TO ORDINANCE NO. 4623,@ was taken from the agenda and
read by title only. (307 Chelsea)
A motion was made by Director Daniel, duly seconded by Director Edwards, that
the resolution be adopted as read.
Upon discussion, Director Smith said that both of these properties appear to
have a new chain link fence around them; and Mr. Bart Jones said they are both on the
same parcel. The gentleman who owns it came in for a demolition permit on that one.
Therefore, he is trying to place the City in a position where if he does not follow through,
the City can do something with it.
City Attorney Brian Albright asked if notice was made, and Mr. Jones said that he
had.
City Attorney Brian Albright asked if anyone was present to speak in opposition
to the condemnation of the property at 307 Chelsea. There being no one to speak in
opposition, Mayor Bush called for a vote on the motion to adopt; and upon roll call, the
following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards,
Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was
declared adopted.
22c Proposed Resolution No. R-07-90
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL
PROPERTY PURSUANT TO ORDINANCE NO. 4623,@ was taken from the agenda
and read by title only. (211 Chestnut)
A motion was made by Director Jones, duly seconded by Director Maruthur, that
the resolution be adopted as read.
Board of Directors Meeting 19 April 16, 2007 at 7:00 p.m.
Upon discussion, City Attorney Brian Albright asked if notice was given, and Mr.
Jones advised that it was. City Attorney Brian Albright asked if anyone was present to
speak in opposition to the condemnation of the property at 211 Chestnut. There being
no one to speak in opposition, Mayor Bush called for a vote on the motion to adopt; and
upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith,
Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried.
Whereupon the resolution was declared adopted.
22d Proposed Resolution No. R-07-91
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL
PROPERTY PURSUANT TO ORDINANCE NO. 4623,@ was taken from the agenda
and read by title only. (143 Eagle Lane)
A motion was made by Director Edwards, duly seconded by Director Daniel, that
the resolution be adopted as read.
Upon discussion, City Attorney Brian Albright asked if this was a fire, and Mr.
Jones advised that it was and is on the lake off of Weston Drive. He added it is in an
estate, and a bank is working on getting the estate straightened out. He said it will
possibly be rehabed; but if they do not get it worked out, the City is in a position to do
something with it.
City Attorney Brian Albright asked if there was a personal representative
appointed for the estate, and Mr. Jones advised there was; and he has proof of notice to
that person.
City Attorney Brian Albright asked if anyone was present to speak in opposition
to the condemnation of the property at 143 Eagle Lane. There being no one to speak
in opposition, Mayor Bush called for a vote on the motion to adopt; and upon roll call,
the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards,
Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was
declared adopted.
22e Proposed Resolution No. R-07-92
Board of Directors Meeting 20 April 16, 2007 at 7:00 p.m.
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL
PROPERTY PURSUANT TO ORDINANCE NO. 4623,@ was taken from the agenda
and read by title only. (312 East Belding)
A motion was made by Director Edwards, duly seconded by Director Jones, that
the resolution be adopted as read.
Upon discussion, City Attorney Brian Albright asked if notice was given, and Mr.
Jones advised that it was.
Director Weatherford asked if there was anyone living there, and Mr. Jones
replied there is a person staying in the house but is there illegally without knowledge or
permission of the owner. He said that he knows who the person is and has advised
him that he will have to leave.
Director Daniel asked if there are utilities to the house, and Mr. Jones advised
that the water is off; but the power is still connected. However, he did not know if the
meter was working or not.
Director Edwards asked if there is a lady who lives there, and Mr. Jones advised
that it is a lady=s son; but neither one of them own this property or have any interest in
this property.
Director Weatherford pointed out that the man replaced part of that roof six or
eight months ago, and Mr. Jones advised that he does not own the property.
City Attorney Brian Albright asked if anyone was present to speak in opposition
to the condemnation of the property at 312 East Belding. There being no one to speak
in opposition, Mayor Bush called for a vote on the motion to adopt; and upon roll call,
the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards,
Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was
declared adopted.
22f Proposed Resolution No. R-07-93
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL
PROPERTY PURSUANT TO ORDINANCE NO. 4623,@ was taken from the agenda
and read by title only. (210 Greenwood)
Board of Directors Meeting 21 April 16, 2007 at 7:00 p.m.
A motion was made by Director Weatherford, duly seconded by Director Edwards,
that the resolution be adopted as read.
Upon discussion, Mr. Jones advised there was drug activity at this property, and
the drug task force has been involved. He stated it is heir property; and he has sent
notice to heirs of the property, who are all out of state. He said he would like to see it
saved, but the City needs to put itself in a position to do something with it if the heirs do
not.
City Attorney Brian Albright asked if there was a personal representative
appointed, and Mr. Jones advised there was not. City Attorney Brian Albright asked
how long ago was the date of death, and Mr. Jones replied that it has been a couple of
years.
City Attorney Brian Albright asked that this condemnation resolution be removed
from the agenda so the City can make proper identification of the personal
representative and/or have a special administrator appointed for purposes of service.
Director Edwards asked if this property was beyond repair, and Mr. Jones replied
that it is not. He added there has not been any activity on the house in two years. He
stated it is wide open, and there are transients going inside. He said instead of tearing
it down, the City can secure the structure. He mentioned he does not want to see this
one torn down, but the City needs to get something done with it.
Director Smith asked how much time was needed by the City Attorney, and City
Attorney Brian Albright stated that he needs to know whether or not there has been a
personal representative appointed. If he is going to take action for condemnation, then
he needs to have the court appoint a special administrator for purposes of accepting
service of the City=s notice. He advised that the City has to provide legal notice before
it does any condemnation proceeding. He stated the City could go through the Vacant
Structure Ordinance and board and secure without having to go through that process if
that is the inclination of the Board.
Director Smith said that he would like go through that route.
City Attorney Brian Albright said if that happens, then Mr. Jones would file a lien
against the property for the cost of boarding and securing.
Board of Directors Meeting 22 April 16, 2007 at 7:00 p.m.
Director Maruthur asked if there has been any methamphetamine activity in that
building, and City Attorney Brian Albright said that would be a speculation and would
have an impact on legal rights of the property owner.
Director Maruthur said it is her understanding if there has been meth used in a
place, sometimes they cannot clean it up; and boarding and securing it would be just
housing whatever is growing in there; but eventually the City would have to tear it
down. She said that she did not want to see places boarded forever and did not know
if there has been an assessment done on it.
Mr. Jones advised there has not been an environmental assessment done that
he is aware of.
The resolution was removed from the agenda.
22g Proposed Resolution No. R-07-94
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL
PROPERTY PURSUANT TO ORDINANCE NO. 4623,@ was taken from the agenda and
read by title only. (116 Johnson Terrace)
A motion was made by Director Daniel, duly seconded by Director Maruthur, that
the resolution be adopted as read.
Upon discussion, City Attorney Brian Albright asked if notice was given, and Mr.
Jones advised that it was.
City Attorney Brian Albright asked if anyone was present to speak in opposition
to the condemnation of the property at 116 Johnson Terrace. There being no one to
speak in opposition, Mayor Bush called for a vote on the motion to adopt; and upon roll
call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford,
Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the
resolution was declared adopted.
22h Proposed Resolution No. R-07-95
Board of Directors Meeting 23 April 16, 2007 at 7:00 p.m.
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL
PROPERTY PURSUANT TO ORDINANCE NO. 4623,@ was taken from the agenda
and read by title only. (113 Madison)
A motion was made by Director Jones, duly seconded by Director Maruthur, that
the resolution be adopted as read.
Upon discussion, Mr. Doug Phillips, 3479 Spring Street, said that his father,
Nolan Phillips, owns the property at 113 Madison. Mr. Phillips stated that his brother
lived there for five years and had to move after he was incarcerated. He said his father
was trying to save the property for his brother, but now that it is not possible because it
needs to be repaired immediately. He added that his father has asked him to sell the
property or make the necessary repairs. He requested that the Board give him a few
more months to take the action needed.
Mayor Bush asked if he has made any improvements recently, and Mr. Phillips
said he has not in the past year. He added after his brother left, there was a man
who offered a five-month lease and was going to help fix up the property to give to
battered women. However, that fell through. Later, he did have new electrical wiring
put in the house, and there has been roofing done, although, it fell in certain areas. He
noted the porch needs to be torn off, and he has talked with some people who do this
type of work. He said he is only asking for a little time so his father can get a fair
amount of money for the property. He stated they will make sure that it is taken care
of.
Mr. Bart Jones said he spoke to Mr. Phillips today and informed him if the
Board passes the condemnation tonight, he has 30 days from today before the City
could touch it. Typically, it takes him longer than that to get it out and go through
abatement. He advised if there is a sale of this property, the City will work the new
owner. However, he would recommend that the City place itself in the position where if
it does not sell, the City can do something with it.
Director Maruthur asked Mr. Phillips if 30 days was enough, and Mr. Phillips
replied that his father is planning on returning to Hot Springs in June; but he is not sure
30 days is enough. He asked that the City give him three months.
Director Jones asked if it was three months to repair it or sell it, and Mr. Phillips
said they will resolve it; and it will either be repaired or sold to someone who will repair
it.
Board of Directors Meeting 24 April 16, 2007 at 7:00 p.m.
City Attorney Brian Albright asked if he would be trying to make some minor
repairs before he sells it, and Mr. Phillips said that he would if it is necessary. City
Attorney Brian Albright asked if within the next 30 days, would he anticipate getting a
rehab permit for the structure; and Mr. Phillips said that he would if it is necessary.
City Attorney Brian Albright said if he were to pull a rehab permit within the next 30 days,
that would forestall the condemnation process even though the Board might approve
the condemnation tonight. Mr. Phillips said that he was not aware of that.
Director Edwards asked if he was going to try to rehabilitate this house, and Mr.
Phillips said if they cannot sell it, he will immediately try to rehabilitate it.
Mayor Bush called for a vote on the motion to adopt; and upon roll call, the
following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards,
Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was
declared adopted.
23 Proposed Resolution No. R-07-96
A resolution entitled, AA RESOLUTION APPROVING THE DESTRUCTION OF
CERTAIN CITY RECORDS,@ was taken from the agenda and read by title only.
A motion was made by Director Jones, duly seconded by Director Edwards, that
the resolution be adopted as read.
Upon discussion, Mayor Bush asked that Director Edwards represent the Board
in the destruction of the records.
Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the
following voted Aaye@: Directors Jones, Smith, Weatherford, Edwards, Daniel, and Bush,
total 6. Voting Ano@: Director Maruthur; motion carried. Whereupon the resolution was
declared adopted.
24 Approval of Board Travel to Hanamaki, Japan
A motion was made by Director Jones, duly seconded by Director Weatherford,
to approve Board travel to Hanamaki, Japan.
Board of Directors Meeting 25 April 16, 2007 at 7:00 p.m.
Upon discussion, Director Edwards said he has nothing against one of the Board
Members who is going to Hanamaki, Japan. However, this will be his third time; and he
cannot vote for a person to spend that much money for the third time. He stressed this
is nothing disrespectful to Director Weatherford.
City Manager Kent Myers explained according to the City=s Travel Policy,
anytime a Board Member goes out of state, it requires approval by the Board. He
advised there will be a delegation going to Hanamaki, Japan, in September; and they
will be participating in the festival in Hanamaki, as well as meeting with the mayor and
local delegates. Generally, the City sends at least one or two Board Members to the
festival and usually one staff member. He stated the Board is considering approval
tonight for Director Weatherford, who is the only one who has expressed an interest in
going. He said that Board needs to make a decision tonight because the deadline for
reserving a space is May 1 in order to be guaranteed a space with this delegation. He
advised the total cost of the trip is between $3,000 and $3,500. He said some of the
food is paid for by the Hanamaki city officials and others, so the total cost of the trip is
around $5,000; but the City=s portion would be between $3,000 to $3,500.
Director Jones said she gone to Hanamaki; and if the City is going to stay
involved in this program as a Sister City, a Board Member needs to represent the City of
Hot Springs, along with the staff.
Director Maruthur asked how many other people are going and paying their own
way, and City Manager Kent Myers said there are about ten people who have signed up
for the trip; but he cannot say if their company is paying for it or if they are. He advised
that the City is not paying for them and is only paying for the Board Members and a
City staff member. He stated the Advertising and Promotion Commission is also
sending Scott McClard.
Director Maruthur asked if the Mayor of Hanamaki will be here for the 175th
Anniversary of the National Park, and Director Weatherford pointed out there are 27 of
them coming.
Mayor Bush added that the Mayor and ex-Mayor will also be attending.
Mayor Bush then called for a vote on the motion to approve Board Travel to
Hanamaki, Japan; and upon roll call, the following voted Aaye@: Directors Jones, Smith,
Weatherford, Daniel, and Bush, total 5. Voting Ano@: Directors Maruthur and Edwards,
total 2; motion carried.
Board of Directors Meeting 26 April 16, 2007 at 7:00 p.m.
OTHER BUSINESS
25 Board of Directors Items
Director Jones announced that on May 5, from 10 a.m. to 2 p.m., the Pleasant
Street Association will hold the annual fish fry luncheon at Webb Community Center;
and tickets are $7. She stated that District 2 tour will be held on April 26, at 5:30 p.m.
There will also be a town hall meeting at Webb Community Center with City staff
present to answer questions, and she urged all interested District 2 residents to attend.
She advised that Congressman Mike Ross toured her district and was pleased with the
spending of the CDBG funds, and this was the first time anybody had offered to show
him how some of the money was spent. He also visited the last Habitat for Humanity
in District 2 off Spring Street and was impressed with the neighborhood.
Director Edwards stated when Congressman Mike Ross was in Hot Springs,
he talked with him on the phone; and he wrote a letter to the VA in Washington, DC and
is helping him with a problem.
Director Maruthur announced that on April 28 and 29, the Spring Fling Clean-up
will be held; and residents can begin bringing their items to dispose of to the locations
listed in the newspaper. For District No. 1, it is Dell and Park Avenue, across from the
Park Place Baptist Church from 7 a.m. to 3:30 p.m. She expressed appreciation to
those who attended the Park Avenue Community Association meeting on April 10, and
there were approximately 80 in attendance. She said City Attorney Brian Albright did
an excellent job explaining nuisance abatement, and City Manager Kent Myers was also
in attendance and will be the guest at the next P.A.C.A. Meeting. She reported the
loss of two special members of the community: Mr. McKinley AMac@ Bush and Ms.
Jennifer Adams.
Director Smith announced on Tuesday, May 1, at the Quapaw Community
Center, they will host their annual Taste of Quapaw event from 6 p.m. to 9 p.m. This is
the second year for this event and is one of the major fundraisers.
Director Daniel congratulated Oaklawn Park on a good season considering all of
the inclement weather. Also, the Downtown Merchants= Association will be sponsoring
the 4th Annual Big Butt Bar-B-Q cook-off this coming Saturday, and tickets are on sale
from participating merchants downtown or can be purchased at the Exchange Street
Parking Plaza. There are participants from in-state, out -of- state, and local. This
Board of Directors Meeting 27 April 16, 2007 at 7:00 p.m.
will go in conjunction with the group from Hanamaki that will be in town for the 175th
anniversary of the National Park.
26 City Manager=s Report
City Manager Kent Myers gave the following report:
1. There will be over 20 delegates from Hanamaki, Japan, in town starting
Thursday and through the weekend. To show the community support for the
Hanamaki delegation, there are a number of businesses that have come forward to
donate meals. Magic Springs has donated tickets to the delegation, as well as a
number of other businesses. The Big Butt Bar-B-Q cook-off and 175th anniversary of
the National Park Service will be held this weekend. The Director of the National Park
Service will be in town for that event. On Saturday, he will be graduating from the
LeadAR Program, along with Cynthia Keheley and 25 other individuals. They will be at
Garvan Gardens on Saturday night for graduation. They all have a project, and Ms.
Keheley=s project was the Farmers= Market. His project was to coordinate the
Jingle Bell Run last year, and they raised over $30,000 for the Arthritis Foundation and
decided to have that as an annual event.
2. On May 1, there be a work session following the agenda meeting. One of
the important topics for discussion is allowing county residents to serve on the Planning
Commission, and there is a state law that now allows that. The Planning Commission
members will be invited to the work session. He pointed out that decisions are not made
at the work sessions, but it is open to the public.
3. Efforts are continuing to educate the public about the municipal building
project. There is a fact sheet that has been distributed and will be revised on a
continuing basis. If there are any other questions or issues that need to be discussed
in the fact sheet, staff will be glad to make those changes. Also, there will be meetings
with a number of community groups. He and Mayor Bush will be meeting with the
Chamber of Commerce this Thursday, and there is a power point presentation that can
be made to groups or organizations, and they may contact his office.
4. A tour of the city buildings is scheduled for Monday at 4 p.m. This was
requested to let the public see the condition of the buildings. That tour will be headed
by Mr. Mike Scott, Chief Building Official, and Mr. J. C. Kingery, Property Maintenance
Supervisor. They will be pointing out some of the issues with regard to the roofing
problems and electrical problems.
Board of Directors Meeting 28 April 16, 2007 at 7:00 p.m.
In reply to Director Smith, Public Information Officer Terry Payne advised that the
Farmers= Market opens Saturday, May 5.
27 ADJOURNMENT
There being no further business to come before the Board, the meeting
adjourned at 8:55 p.m., to meet again on Monday, May 7, 2007, at 7:00 p.m.
ATTEST: _____________________
APPROVED:__________________
Lance Hudnell, City Clerk Mike Bush,
Mayor
Board of Directors Meeting 29 April 16, 2007 at 7:00 p.m.
Agenda
REGULAR MEETING OF THE BOARD OF DIRECTORS
MEETING NO. 9
CITY OF HOT SPRINGS, ARKANSAS
MONDAY, APRIL 16, 2007, 7:00 P.M.
BOARD CHAMBERS, CITY HALL
133 CONVENTION BOULEVARD
In order to ensure fairness to all who wish to be heard, while maintaining orderly and timely meetings, the Board of Directors has
established a uniform policy for receiving public input. Anyone wishing to comment on a specific agenda item should place one's name
on the sign-up sheet, available at the entrance to the Board Chambers. Comments will be limited to three minutes for each person.
Discussion by the Board Members or questions to the person will not be included in this time limit. The Board of Directors request and
appreciate your cooperation with these procedures.
INVOCATION - Ms. Audrey Ann Atherton
PLEDGE OF ALLEGIANCE
CALL TO ORDER
Order of
Business Subject
BOARD BUSINESS SECTION
1 Roll Call of Board of Directors.
2 Consider Approval of the Agenda.
3 Consider Approval of Minutes for April 2, 2007.
4 Recognition of Guests.
Order of
Business Subject
Items placed in this section are a matter of routine business which are expected to involve little or no discussion by the Board or the public.
The Consent Agenda is usually voted on in mass. However, if any two Directors so desire, individual items may be discussed and/or voted on as
a separate matter of business.
CONSENT AGENDA SECTION
5 Public Safety Committee Report (April 4, 2007).
6 Resolution No. R-07-76 Accepting Certain Bid Awards.
a. Concrete/Cement - Public Works (ASC)*;
b. Concrete Pipe - Public Works (ASC)*;
c. Curb, Gutter, Sidewalk Construction - Public Works (ASC)*;
d. Fork Lift - Public Works/Street;
e. Aluminum Sulfate - Utilities (ASC)*.
*ASC - Annual Supply Contract
7 Resolution No. R-07-77 FAA Authorizing the Filing of a Grant Application
with the Federal Aviation Administration (FAA) and State Aeronautics
Commission for Grant Funds to Purchase an Air Rescue Firefighting
Vehicle, Engineering of the Rehabilitation of Runway 13/31, and Obstruction
Survey of Runway Approaches.
8 Resolution No. R-07-78 Awarding a Contract to E-One, Inc. for an Air
Rescue Firefighting (ARFF) Vehicle for the Airport.
9 Resolution No. R-07-79 Authorizing Filing and Accepting a Grant with the
U. S. Department of Justice Pursuant to the Bureau of Justice Assistance,
Bulletproof Vest Partnership Program.
10 Resolution No. R-07-80 Approving an Agreement with Frank Manzer and
Associates for Appraisal Services Related to the Hot Springs Municipal
Building Complex.
11 Resolution No. R-07-81 Waiving the Facility Use Fees for the ADu for
the Parks@ Event to be Held at Transportation Plaza and Adjacent
Streets on May 28, 2007.
Order of
Business Subject
(CONSENT AGENDA CONTINUED)
12 Resolution No. R-07-82 Authorizing the Purchase of an Easement from
Ancil Berry and Rosalyn Carole Berry, 2050 Airport Road, for the
Southwest Wastewater Treatment Plant.
13 Resolution No. R-07-83 Awarding a Contract to All Service Electric, Inc.
for an Emergency Generator for the Ouachita Water Treatment Plant.
14 Resolution No. R-07-84 Awarding a Contract for Engineering Services to
B&F Engineering, Inc. for 2007 Waterline Improvements.
15 Resolution No. R-07-85 Certifying Local Government Endorsement of
Business to Participate in the Tax Back Program (as Authorized by
Section 15-4-2706 [d] of the Consolidated Incentive Act of 2003) (AAR
Corporation).
UNFINISHED BUSINESS
16 Consider Resolution No. R-07-66 Amending Resolution No. 2482 by
Revising the Number of Members on the Animal Control Advisory
Committee. (Tabled 4-2-07)
17 Consider Ordinance No. O-07-35 Adopting Regulations Governing the
Extension and Connection of Municipal Water and Wastewater Services.
(Tabled 3-15-07)
NEW BUSINESS
18 Consider Resolution No. R-07-86 Establishing a Policy Regarding Appointments
to Boards, Commissions and Committees; and Repealing Resolution No. 4647.
19 Consider Presentation by Mr. Paul Young, City=s Financial Advisor, Regarding
Municipal Building Financing Plan.
20 Consider Resolution No. R-07-87 Authorizing the Offering of Capital
Improvement Revenue Bonds to Finance a Portion of the Cost of a New
Municipal Building; and Authorizing the Execution of a Bond Purchase
Agreement.
21 Consider Request from Ms. Donna Williams Regarding Drainage Problem
at 345 Molly Springs Road.
Order of
Business Subject
22 Consider Presentation of Condemnation Resolutions.
(a) Resolution No. R-07-88 Condemning Certain Property at 303 Chelsea.
(b) Resolution No. R-07-89 Condemning Certain Property at 307 Chelsea.
(c) Resolution No. R-07-90 Condemning Certain Property at 211 Chestnut.
(d) Resolution No. R-07-91 Condemning Certain Property at 143 Eagle Lane.
(e) Resolution No. R-07-92 Condemning Certain Property at 312 E. Belding.
(f) Resolution No. R-07-93 Condemning Certain Property at 210 Greenwood.
(g) Resolution No. R-07-94 Condemning Certain Property at 116 Johnson Terrace.
(h) Resolution No. R-07-95 Condemning Certain Property at 113 Madison.
23 Consider Resolution No. R-07-96 Approving the Destruction of Certain City
Records.
24 Consider Approval of Board Travel to Hanamaki, Japan.
OTHER BUSINESS
25 Consider Board of Directors' Items for Discussion and Announcements
(no vote).
26 Consider City Manager=s Report.
27 ADJOURNMENT
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