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Board of Directors

Regular Meeting

Hot Springs, AR · April 16, 2007

AgendaMinutes

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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