Board of Directors
Regular MeetingHot Springs, AR · June 4, 2007
Minutes
MINUTES
BOARD OF DIRECTORS MEETING
JUNE 4, 2007, AT 7:00 P.M.
The regular meeting of the Board of Directors was held on Monday, June 4, 2007,
at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding.
The invocation was given by Jeff Childs, and Pledge of Allegiance to the Flag
was led by Mayor Bush.
Mayor Bush called the meeting to order at 7:00 p.m.
1 Roll Call
Roll call was as follows: Present: Directors Peggy Maruthur, Elaine Jones,
Steve Smith, Carroll Weatherford, Bill Edwards, Tom Daniel, and Mike Bush, total 7.
2 Approval of Agenda
A motion was made by Director Edwards, duly seconded by Director Maruthur,
that the agenda be approved.
Upon discussion, Director Daniel requested that Item No. 22 (Proposed
Ordinance No. O-07-55 Establishing the Membership and Terms of Office of the Hot
Springs Planning Commission) be removed from the agenda. City Manager Kent Myers
stated that Item No. 10 on the Consent Agenda (Proposed Resolution No. R-07-119
Appointing Virginia Harvey and Mary F. Payne to the Animal Control Advisory
Committee) needs to be tabled until the next meeting.
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 May 21, 2007 Board Meeting
A motion was made by Director Daniel, duly seconded by Director Edwards, that
the minutes of the May 21, 2007 Board Meeting be approved; and upon voice vote, the
motion unanimously carried.
4 Recognition of Guests
Director Edwards recognized Sally Thurman and Bud West.
Director Maruthur recognized Mr. Terry Masot, owner of Hot Dogs Will Travel.
CONSENT AGENDA
The Consent Agenda consisted of the following:
5 Public Safety Report (May 23, 2007).
6 Budget Transfer - Higdon Ferry Road Widening Project ($200,000).
7 Budget Transfer - Conversion of Current Commercial Dumpster Collection
System and Additional Cart Inventory for Future Needs ($130,000).
8 Proposed Resolution No. R-07-117 Accepting Certain Bid Awards (a) Refuse
Containers-Sanitation (awarded to N.E.O. Fab in the amount of $47,918).
9 Proposed Resolution No. RB07-118 Authorizing the Filing of a Grant
Application with the Homeland Security Administration/Transportation Security
Administration to Reimburse the Police Department for Airport Security.
10 Proposed Resolution No. R-07-119 Appointing Virginia Harvey and Mary F.
Payne to the Animal Control Advisory Committee. (Tabled to the June 18
Board Meeting)
Board of Directors Meeting 2 June 4, 2007 at 7:00 P.M.
11 Proposed Resolution No. R-07-120 Appointing Ann Caruso, Elizabeth Farris,
Willie Gilbert and Tanya Spavins to the Arts Advisory Committee.
12 Proposed Resolution No. R-07-121 Appointing Joy Hance to the Historic
District Commission.
13 Proposed Resolution No. R-07-122 Appointing Orville Poole and James
Frierson to the Parks and Recreation Advisory Committee.
14 Proposed Resolution No. R-07-123 Appointing Claudette Ford to the
Transportation Advisory Committee.
15 Proposed Resolution No. R-07-124 Appointing Jay Binns, Velda Holmes and
Charles Smith to the Community Development Advisory Committee.
16 Proposed Resolution No. R-07-125 Authorizing an Agreement with Rock Creek
Road Property Owners= Improvement District No. 41; Accepting Certain
Wastewater Improvements; and for Other Purposes.
17 Proposed Resolution No. R-07-126 Expressing the City of Hot Springs,
Arkansas= Intent to Participate in the National Call to Action for Affordable
Housing Through Regulatory Reform; and for Other Purposes. (Removed from
Consent Agenda for Separate Consideration)
A motion was made by Director Daniel, duly seconded by Director Jones, that the
Consent Agenda be approved.
Upon discussion, Director Maruthur requested that Item No. 17 (Proposed
Resolution No. R-07-126 Expressing the City=s Intent to Participate in the National Call
to Action for Affordable Housing Through Regulatory Reform) be removed from the
Consent Agenda for separate consideration.
Director Edwards asked for an explanation of the budget transfer for the Higdon
Ferry Road widening project, and City Manager Kent Myers stated the City is currently
Board of Directors Meeting 3 June 4, 2007 at 7:00 P.M.
purchasing property for the Higdon Ferry Road widening project. Last year, the City
budgeted $200,000 for said project that it did not spend and failed to carry that money
over to 2007. Therefore, this is reappropriating those funds for said project.
Mayor Bush then called for a vote on the motion to approve the Consent
Agenda ,as amended; and upon roll call, the following voted Aaye@: Directors Maruthur,
Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously
carried.
PUBLIC HEARING
18 Consider Public Hearing on Naming the Tennis Courts at Kimery Park as
The George Caristianos Tennis Facility
This being the time and date set for a public hearing on the naming of tennis
courts at Kimery Park as the George Caristianos Tennis Facility, Mayor Bush declared
the public hearing open.
Mr. Bud West, 175 Sparling Road, stated that Mr. Caristianos has played tennis
throughout his life, starting at age six, and is still playing tennis. He attended Hot
Springs schools and graduated from Henderson State University, served in World War II,
a retired major in the U. S. Army Reserves, graduated from Hot Springs High School in
1938 and earned the City tennis championships and many other awards and
recognitions over the years in tennis. He provided free tennis lessons for over 50
years at Central and Southwest Junior High Schools, Hot Springs High School, YMCA,
and the Hot Springs Boys= Club. He coached the Hot Springs High School tennis team
for 34 years without pay, taking his team to many tournaments and championships. He
has been active in the community by compiling the history of tennis for the Hot Springs
Country Club 100th year anniversary; he served under Mayor Dan Wolfe as chairman of
the Recreation Committee for the City. He has taken part and had many fund-raisers
for older tennis courts in the City. He has been instrumental in developing Hot Springs
Tennis Associations over the years and has raised money over the years to purchase
nets for City courts and other resurfacing projects. He served as treasurer and a
member of the Hot Springs Lions Club for over 40 years and St. Luke=s Episcopal
Church for over 50 years. He recently was inducted into the Arkansas Tennis Hall of
Fame. He is a past alderman for the City, as was his wife. Mr. West said the Greater
Hot Springs Tennis Association would be pleased to honor Mr. Caristianos with the
naming of the tennis courts in his honor.
Board of Directors Meeting 4 June 4, 2007 at 7:00 P.M.
Director Daniel pointed out that Mr. Caristianos was a great football coach, and
he changed his life when he was in the seventh grade at Hot Springs Junior High. On
behalf of him and his family, they owe a debt of gratitude to Mr. Caristianos. He stated
there could not be a better naming of this facility.
Director Edwards said he worked with Mr. Caristianos and his wife, Marge, on
the City Council.
Director Maruthur said that her son, Mario, talked about him for years and
became involved in tennis because of Mr. Caristianos. She expressed appreciation to
him for the influence he has had on young people and people of all ages.
There being no further comments, Mayor Bush declared the public hearing
closed.
NEW BUSINESS
19 Proposed Resolution No. R-07-127
A resolution entitled, AA RESOLUTION NAMING THE TENNIS COURTS AT
KIMERY PARK AS THE GEORGE CARISTIANOS TENNIS FACILITY,@ 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.
At this time, Mayor Bush recognized Mr. Caristianos.
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 resolution was
declared adopted.
20 Presentation of Condemnation Resolutions
Mr. Bart Jones, Rehab Administrator, gave a slide presentation on the following
condemnation resolutions:
Board of Directors Meeting 5 June 4, 2007 at 7:00 P.M.
20a Proposed Resolution No. R-07-128
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (516 Hollywood) was taken from the
agenda and read by title only.
A motion was made by Director Smith, duly seconded by Director Jones, that the
resolution be adopted as read.
Upon discussion, City Attorney Brian Albright asked if anyone was present to
speak in opposition to the resolution.
Mr. Anthony Cain, 516 Hollywood, said he was in court today on code complaints,
and Mr. Justin Jordan, Property Maintenance Inspector, told the judge he was in
compliance. He stated he has boarded up all of the windows; and it looks better today
than when he purchased it, except for the damage that is shown.
Mr. Bart Jones explained that Mr. Cain was in court on premises issues (the
yard) and was convicted on that. He said he has put some boards on the house, but
it has not changed the condition of the structure. He added the structure is in the same
condition as it was when these pictures were taken. He noted there has been a fire at
this location.
Mr. Cain said the same structure is the same as it was when he bought it 12
years ago. He stated if it needs condemning, it should have been condemned at that
time. He noted he has improved the inside and paid $500 or $600 for the plumbing. Also,
he has put a lot of money into the electrical. He added that he was in the hospital
when the fire occurred and would like to have a chance to make something out of this
1930's home.
Director Maruthur asked when the fire happened, and Mr. Cain said it was on
March 13. Director Maruthur pointed out with the condemnation process, he would still
have 30 days to begin work on the home.
Director Smith asked if there are any open permits on this structure, and Mr.
Jones replied that he was not aware of any.
Board of Directors Meeting 6 June 4, 2007 at 7:00 P.M.
City Attorney Brian Albright asked when he purchased the property, and Mr. Cain
said that he purchased it in November 2005. City Attorney Brian Albright asked if he
purchased it before the fire, and Mr. Cain said that he did.
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 resolution was
declared adopted.
20b Proposed Resolution No. R-07-129
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (112 Washington) was taken from the
agenda and read by title only.
A motion was made by Director Jones, duly seconded by Director Maruthur, that
the resolution be adopted as read.
Upon discussion, City Attorney Brian Albright asked if anyone was present to
speak in opposition to the resolution.
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.
20c Proposed Resolution No. R-07-130
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (335 Silver) was taken from the agenda
and read by title only.
A motion was made by Director Jones, duly seconded by Director Maruthur, that
the resolution be adopted as read.
Upon discussion, Mr. Harriel White, 212 Michael Street, stated his father, who
passed away on April 20, was the owner of this property. He noted a tree blew over
about three weeks ago on top of the house. He stated his brother and two sisters had
Board of Directors Meeting 7 June 4, 2007 at 7:00 P.M.
the tree cut and the lot cleaned. He mentioned his father allowed it to get into this
condition, but he plans to do something with the structure. He noted they plan to tear it
down and clean off the lot, but they would like to have that opportunity and requested
that the Board delay the condemnation of the property until they have time to work on it,
possibly two or three months.
Mr. Bart Jones said staff recommendation is to proceed with the condemnation
with a stipulation to delay it a month before the City can act on it.
City Attorney Brian Albright asked if Mr. White thought within the next 60 days he
and his family will be able to make a determination, and Mr. White replied they could.
He added that he asked Code Compliance to fax him information regarding demolition
businesses, and he has already received a couple of estimates. He pointed out it is
not the fact of having to make a decision, but it is also going to be a costly project for
him; and he does not want to be locked in saying they can do this in 30 days.
City Attorney Brian Albright asked if he understood obtaining a rehab permit or
demolition permit anytime during that 60 days would stop any action the City is taking,
and Mr. White said that he was not aware of that. He asked how long would that
delay action, and Mr. Jones replied that the permit will stand good for 30 additional
days.
A motion was made by Director Daniel, duly seconded by Director Jones, to
amend the resolution by giving Mr. White an additional 30 days, which will be a total of
60 days; and upon voice vote, the motion unanimously carried. Mayor Bush then
called for a vote on the motion to approve the resolution, as amended; 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, as amended.
20d Proposed Resolution No. R-07-131
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (412 Pleasant Valley) was taken from the
agenda and read by title only.
A motion was made by Director Weatherford, duly seconded by Director Jones,
that the resolution be adopted as read.
Board of Directors Meeting 8 June 4, 2007 at 7:00 P.M.
Upon discussion, Mr. Bart Jones stated this is the second time in four years this
property has burned; and the Fire Department determined it was an arson issue. Also,
there is still a lot of burned material in this house; and it is vacant at this time.
Director Edwards questioned why this structure has been boarded, and Mr.
Jones replied it is boarded to keep people out.
Director Daniel asked if there are utilities up to this house, and Mr. Jones advised
they are not.
Mr. Paul Strickland, 227 Lowery, said he wants to have this set aside until his
investigator gets a chance to do an investigation regarding arson. He distributed
pictures of the property prior to the fire.
City Attorney Brian Albright stated he has acknowledged that he has been
charged with arson and wanted to know if he is asking that this be postponed so he can
do some defense work in that case, and Mr. Strickland replied that was correct. City
Attorney Brian Albright asked if he had requested any kind of Order from the court, and
Mr. Strickland said that he has not.
Director Maruthur asked if planned on moving into the house, and Mr. Strickland
said that he was planning on selling it as it is or tearing it down.
Mayor Bush asked how long he has owned the property, and Mr. Strickland said
it has been since November 2002.
Mr. Strickland said he was in court today with Mr. Justin Jordan, Property
Maintenance Inspector, who said everything was taken care of as far as the outside of
the structure. City Attorney Brian Albright pointed out that would be a premises
violation and not a structural issue.
Director Maruthur stated with the condemnation process, he will have 30 days in
which to document and take pictures and get whatever he needs from the house;
therefore, if the City proceeds with the condemnation, there should not be any
problem.
Mr. Strickland said at the present time, he is in District Court and has not been
bound over to the Circuit Clerk. He added the prosecutor is still trying to make a
decision on whether he was going forward with it or not. If he decides to go forward,
Board of Directors Meeting 9 June 4, 2007 at 7:00 P.M.
then he will have to come up with the money to hire his own private investigator since
the pictures may not be sufficient.
Director Daniel asked if he could not use the pictures, and City Attorney Brian
Albright said the he would not comment on the evidentiary decisions that a future judge
may make in his trial proceedings. However, he did not see where the criminal
charges have anything to do with the condemnation. If the criminal court feels like it
needs to be preserved as a crime scene, they can order the City to stop the
condemnation or any demolition; but it could still be under condemnation proceedings.
Mr. Strickland asked if he could apply for a rehab permit, and Mr. Bart Jones
replied that a permit is an expression of his intention to do something. He added the
City can give him some time that goes along with that permit. He stated if he were to
rehab the house or have a substantial amount of work done within that period, then the
City would be receptive to extending that out.
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 resolution was
declared adopted.
20e Proposed Resolution No. R-07-132
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (308 Pleasant Valley) was taken from the
agenda and read by title only.
A motion was made by Director Daniel, duly seconded by Director Jones, that the
resolution be adopted as read.
Upon discussion, City Attorney Brian Albright asked if anyone was present to
speak in opposition to the resolution.
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.
Board of Directors Meeting 10 June 4, 2007 at 7:00 P.M.
20f Proposed Resolution No. R-07-133
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (422 Laurel) was taken from the agenda
and read by title only.
A motion was made by Director Edwards, duly seconded by Director Jones, that
the resolution be adopted as read.
Upon discussion, Mr. Bart Jones, Rehab Administrator, advised this was
presented to the Board in January. He stated the owner had asked that an extension
be granted on this property and she was going to be able to do something with it.
However, it has gotten worse. He reported that he spoke to her, and she understands
it is being presented to the Board tonight.
City Attorney Brian Albright asked if anyone was present to speak in opposition
to the resolution.
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.
20g Proposed Resolution No. R-07-134
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (424 Palmetto) was taken from the agenda
and read by title only.
A motion was made by Director Maruthur duly seconded by Director Edwards,
that the resolution be adopted as read.
Upon discussion, Mr. Bart Jones advised this is an out-of-state owner; and she
has done some boarding work and a little painting. He said the City would like to be
in a position, if she does not follow through, to have the structure razed and removed.
City Attorney Brian Albright asked if anyone was present to speak in opposition
to the resolution.
Board of Directors Meeting 11 June 4, 2007 at 7:00 P.M.
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.
20h Proposed Resolution No. R-07-135
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (325 Crescent) was taken from the agenda
and read by title only.
A motion was made by Director Weatherford, duly seconded by Director
Maruthur, that the resolution be adopted as read.
Upon discussion, City Attorney Brian Albright asked if anyone was present to
speak in opposition to the resolution.
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.
20i Proposed Resolution No. R-07-136
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (232 Glade ) was taken from the agenda and
read by title only.
A motion was made by Director Edwards, duly seconded by Director Weatherford,
that the resolution be adopted as read.
Upon discussion, Mr. Bart Jones, Rehab Administrator, advised that the roof is
collapsing; and the back door has been opened. He said the ownership is split
between siblings, and they are all aware of the condemnation. He added their
intention is to either quickly repair it or raze and remove it themselves.
City Attorney Brian Albright asked if notice has been provided, and Mr. Jones
advised that it has.
Board of Directors Meeting 12 June 4, 2007 at 7:00 P.M.
City Attorney Brian Albright asked if anyone was present to speak in opposition
to the resolution.
Ms. Jean Murphy, 1310 Summer, advised this house belonged to her mother;
and it was between four children; but two of the children are now deceased. She
stated a tree limb had fallen across the front porch, causing damage. Also, in the
back, there is a pantry with damage caused by a tree. She said the inside of the house
is fine, and she does not want to see the house torn down. She mentioned her niece
is interested in having it renovated if she can. If not, she has a possible buyer. She
stated another sister lives in Lexington, Kentucky; and she could not get here until June
6. She requested a delay in action from the Board.
Mayor Bush asked how long it has been in this condition, and Ms. Murphy said
the front porch has been deteriorating over a year; but she did not have anyone to cut
the tree limbs for her.
Director Edwards asked if some of her family would help bring this up to code,
and Ms. Murphy stated that she hoped they would. She mentioned all of her family is
out of state, and she is trying to get a contractor to give her an estimate on the cost to
tear the roof off the front porch and the back part where the pantry is located.
Mr. Bart Jones said when he spoke to them, they were not sure what they were
going to do with this. He added he explained to one of the sisters, there is some time
involved. He stated there is a 30-day period; and if they start taking some action, the
City will work with them and extend it out. If not, he would like to be in a position to
do something with it.
Director Weatherford asked how long the house has been vacant, and Ms.
Murphy said that her sister lived in it and had it rewired, costing $3,000. She stated her
sister lived in it for a year, and it that has been three or four years ago. Director
Weatherford asked if the power was still on, and Ms. Murphy said that it was not, but
there is a new breaker box on the side; and all of the wiring is new.
Director Maruthur asked for information on the condition of the inside the house,
and Mr. Jones said that the structural integrity of the house is not that bad. He noted
the roof has some problems in the back, but the house is off the ground which is a
good thing. He stated the floor joists are fairly solid; and the house could be
renovated; however, it has been sitting there for three years; and nothing has been
done with it.
Board of Directors Meeting 13 June 4, 2007 at 7:00 P.M.
Ms. Murphy said during the period of time with the four children, they could not
come together to make a decision. She stated all of the windows are intact; the front
door is a solid piece of plywood with a padlock; and the other door is to keep people
from coming in. On the back door, it is solid and has a two by four across it where it
cannot be pushed open. She has plastic on the front windows; and in the other
windows, she has sticks coming down so they cannot push up the windows.
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.
20j Proposed Resolution No. R-07-137
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (115 Summit) was taken from the agenda
and read by title only.
A motion was made by Director Jones, duly seconded by Director Maruthur, that
the resolution be adopted as read.
Upon discussion, City Attorney Brian Albright asked if anyone was present to
speak in opposition to the resolution.
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.
20k Proposed Resolution No. R-07-138
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (330 Walnut) was taken from the agenda
and read by title only.
Board of Directors Meeting 14 June 4, 2007 at 7:00 P.M.
A motion was made by Director Edwards, duly seconded by Director Maruthur,
that the resolution be adopted as read.
Upon discussion, Mr. Bart Jones, Rehab Administrator, said the boards on the
windows and doors have been recently placed since they received the notice to do
something with the structure. He advised that the roof has leaked over the years, and
this structure has major structural issues. He noted there has been some recent
activity, but that is a stop gap at this time; and it has been sitting there for a long time.
Mr. Emanuel Jernigan, 404 South Street, and Isaih Jernigan, 305 Troupe, said
this house belongs to his mother and brother. He stated the house was owned by his
mother and father, and he would like to rehab it. He mentioned Mr. Jones has helped
them with the process.
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 resolution was
declared adopted.
20l Proposed Resolution No. R-07-139
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (215 Holly) was taken from the agenda and
read by title only.
A motion was made by Director Weatherford, duly seconded by Director Smith,
that the resolution be adopted as read.
Upon discussion, Mr. Bart Jones explained there are five units, and this went
through bankruptcy approximately six months ago and has been settled. He spoke to
the bank today, and they are the only lien holder. He reported all five of the doors are
open, and there is activity everywhere, which is not good for the neighborhood.
According to the condemnation ordinance, the City can secure this in lieu of tearing it
down. He said he can make a further assessment and work with the bank. However,
if the bank does not do anything, then the City needs to be in a position to secure the
building.
Director Edwards questioned who the owner is, and Mr. Jones replied that the
owner lost these to a bank via bankruptcy.
Board of Directors Meeting 15 June 4, 2007 at 7:00 P.M.
Director Maruthur pointed out there are many neighbor complaints and police
calls on these structures.
City Attorney Brian Albright asked if anyone was present to speak in opposition
to the resolution.
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.
20m Proposed Resolution No. R-07-140
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (340 Holly) was taken from the agenda and
read by title only.
A motion was made by Director Smith, duly seconded by Director Maruthur, that
the resolution be adopted as read.
Mr. Bart Jones, Rehab Administrator, reported that the roof on the right side of
the structure has been leaking for some time; and he has met with the owner and
explained that the City was going through the condemnation process. Also, this
structure is vacant.
Upon discussion, City Attorney Brian Albright asked if anyone was present to
speak in opposition to the resolution.
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.
20n Proposed Resolution No. R-07-141
Board of Directors Meeting 16 June 4, 2007 at 7:00 P.M.
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (203 Ridgeway) was taken from the agenda
and read by title only.
A motion was made by Director Edwards, duly seconded by Director Weatherford,
that the resolution be adopted as read.
Upon discussion, Mr. Bart Jones said that the owner has done a little boarding
and securing on the front; but it burned a year ago. He stated the owner has tried to
repair it and has some financial issues. He commented that the City is sensitive to that,
but it has been sitting there for the last eight or nine months.
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.
20o Proposed Resolution No. R-07-142
A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN PROPERTY
PURSUANT TO ORDINANCE NO. 4623,@ (333 Garden) 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. Bart Jones, Rehab Administrator, said this was recently
boarded and is in the Pleasant Street Historical District. He reported the roof is starting
to leak, and he has spoken with the owner, who is from Chicago. He stated it is the
owner=s intention to repair it, but he would like to see the City in a position, if he does
not, where City can do something with it.
City Attorney Brian Albright asked if anyone was present to speak in opposition
to the resolution.
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.
Board of Directors Meeting 17 June 4, 2007 at 7:00 P.M.
21 Proposed Resolution No. R-07-143
A resolution entitled, AA RESOLUTION ADOPTING POLICIES AND
PROCEDURES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM,@ was taken from the agenda and read by title only.
A motion was made by Director Smith, duly seconded by Director Maruthur, that
the resolution be adopted as read.
Upon discussion, Ms. Kathy Sellman, Planning and Development Director, stated
this is a proposal from the Community Development Advisory Committee with a
recommendation for approval. In January 2007, the Board referred the questions on the
policies for housing rehabilitation to the committee and comes to the Board with a
recommendation for approval.
Mr. Stephen Deuel, 415 Linwood, stated there is a large group present from Watt
and Linwood Streets. Regarding the CDBG funding, they would like to make this area a
target area. He mentioned since they have moved into this neighborhood, they have
seen a wonderful transformation occur in the neighborhood as a result of individual
efforts and efforts of the City. They requested the Board vote to make the
Watt/Linwood area a target area for CDBG funding.
Ms. Marilyn Ridge, currently renting at 118 Watt and owner of 120 Watt, which
she is rehabing, stated that she moved to the state about six or seven months ago;
and some of the residents have purchased homes and are renovating them. She
noted there are other residents who are living in unsafe conditions and do not have
the means to make these improvements. She pointed out Watt Street is only one
block long and is a street where it can make a substantial difference to the community
of people who were there before and to those who are moving in. She stated they do
not want to lose these neighbors who have been there for a long time, but their homes
are becoming unsafe.
Director Maruthur commented she is in support of redeveloping the Jonestown
area, and individuals have invested; and she realizes what is happening there and
supports it fully. She pointed out there are two targeted areas; and to the best of her
knowledge, they have not been completed. She noted there is a waiting list of
applicants. She said her understanding when the CDBG Program began, there would
be an impact in the targeted area and then move onto another area. She said at the
Board of Directors Meeting 18 June 4, 2007 at 7:00 P.M.
last count, there were 29 applicants on the waiting list in District No. 1. She mentioned
she would like to get more money and target the entire City because there has been
neglect for years, and Jonestown has been one of them. She said that she is in
support of their area. She questioned how much money and how much is going to
make an impact and the results of the two other targeted areas. She pointed out people
are being led to believe that once they become a targeted area, that it is going to make
an impact, which was the intent when the CDBG Program began. She stated she did
not want the people in Jonestown to be misled if there is a waiting list for the other
people in the other two targeted areas.
Mayor Bush recognized Ms. Sheila Roscoe, 106 Watt, who expressed
appreciation to the Police Department for patrolling Watt Street. She also thanked the
Drug Task Force, the Swat Team and the Police Department for the recent drug raid at
135 Watt Street. She urged the Board to support Watt Street as a target area.
Deputy City Manager Lance Hudnell explained that should this resolution pass, it
is not establishing any target areas tonight.
Mr. Frank Wilfone, 119 Watt, referred to his grandmother=s home noting it has
been 40 or 50 years since anything has been done to it. He noted that all of the
plumbing, wiring, electrical, ceilings and floors need to be redone, and there are other
houses that need to be redone also.
Director Smith stated there have been several meetings in this area and
commended the work these residents have done for their neighborhood, pointing out
they have pulled together as a neighborhood and lifted up this area. He pointed out
the vote tonight is not specifically for a target area; however, they seem to be in
compliance with the guidelines. He stated the vast majority of these structures are
owner/occupied and seem to fit all of the requirements with the CDBG Program.
Director Jones said in District 2, they have not finished what they started three
years ago and spent $40,000 on a home; but this time will only be able to spend
$25,000. She pointed out if there is lead-based paint, it will cost over $40,000 to remove
it from a home. She stressed that she would like to see District 2 finished.
Director Maruthur asked that Ms. Sellman explain the funding arrangement
because there are two targeted areas. She noted that Jonestown is in need of help; but
in December, there were 29 people still on the list and continue to receive several a
week that qualify for CDBG funding and are on a waiting list.
Board of Directors Meeting 19 June 4, 2007 at 7:00 P.M.
Ms. Kathy Sellman, Planning and Development Director, explained that they are
limited in funds. She added when the program was put together several years ago,
two target areas were established on the condition of the housing stock -- the low and
moderate-income nature of the owner/occupants and other criteria established by HUD.
She explained there is a first-come, first serve procedure; and they are still working on
applicants from several years ago. She stated there is approximately $285,000 for the
upcoming year, which has just been received for 2007. She said there are more than
enough people on the waiting list to use that money and will not be close to getting to
the end of the list. However, this amendment to the guidelines provides somewhat more
standing for the non-target area residents (owner/occupants) because in the past, the
guidelines said that the program would operate in the two target areas and in the
non-target areas when funds were available. She explained that the proposal the
Community Development Advisory Committee is sending to the Board tonight says that
there will now be an alternation between Area 1, Area 2, and the non-target areas.
Therefore, it is a rotation of three rather than an alternation between the two target
areas; and if they ever got to the end of the list, then they would look at the non-target
area.
Director Maruthur pointed out that the perception of the targeted areas has
changed because the targeted areas were supposed to make a visual impact to provide
exactly what these people are requesting, which is security and an upgrade in the
neighborhood so it goes up to owner/occupied, and that there are more people who
will invest in the neighborhood, thereby upgrading the neighborhood, lowering police
calls, and having pride in the neighborhood from those who live there and
encouragement to remain in the neighborhood; and if they are renting, to encourage
them to buy. She said her concern is why not expand it to District Nos. 4, 5 and 6. She
stated she did not understand what is happening to the word Atarget.@ She questioned
when District No. 1 and District 2 are going to be finished since they have been targeted.
She asked if anyone has defined where the target ends and noted the targeted area in
District No. 1 was Bower. She questioned how many homes have been done on
Bower, and Ms. Sellman said she is not prepared to answer that at this time but can get
an answer to her. She added that the Board receives a monthly report which gives that
information. In terms of what was to be accomplished in the target areas, Ms. Sellman
said that she is unaware of any performance measures that were established.
Director Maruthur said in the first CDBG 2004 package, there was a specific
definition for target, which was to make a significant visual impact to encourage
development of the area; and that is exactly what these people are wanting. She
mentioned there is nothing more frustrating than misleading people into thinking that
Board of Directors Meeting 20 June 4, 2007 at 7:00 P.M.
because they are now on the list, that something is going to happen when the City
cannot deliver; and that is her concern.
Director Jones said she asked City Manager Kent Myers, along with Ms. Sellman,
to check for other grants where other homeowners could apply for them; and City
Manager Kent Myers stated another grant has been received.
Director Jones mentioned a lady from Watt Street had applied for one, and her
papers had gone through the bank. However, something happened where that program
was stopped.
City Attorney Brian Albright explained that was the HOME Program, which was
stopped because they wanted the City to subordinate its program to that program,
which means the City had no collateral in the improvements.
Director Jones asked who will be eligible for the other program that has been
received, and Ms. Sellman advised that the eligibility requirements of the $100,000
Affordable Housing Program are very similar to the Community Development Block
Grant Rehab Program. With this new money, the City is able to apply $5,000, which it
would then have to match. The plans are to match it with Community Development
Block Grant funds and will be looking at a maximum of 20 homes that would benefit
from this money.
Director Jones asked if this is the reason she has gotten the people in Jonestown
so interested in being a target area, and City Manager Kent Myers advised they have
approached the City on their own initiative. He stressed that staff is not proposing to
designate any target areas by the Board=s action tonight and is not suggesting that this
area be a target area. He explained that staff is suggesting is that the Board adopt
new guidelines that the CDAC has recommended ,which will allow the allocation for the
housing rehab to be done as Ms. Sellman mentioned in sequence (Target Area 1,
Target Area 2, and then non-targeted areas).
Director Jones pointed out that it says the City Manager or whoever he
designates is hereby authorized to establish one or more target areas, and City
Manager Kent Myers advised that is the City=s current policy. Director Jones asked
where the money will come from, and City Manager Kent Myers stated he has not
received a request to designate a target area and does not believe this area is going to
be making that request. He added if it is received, then it will go through an analysis
based upon the current policy the Board has established. He stressed that staff is
not proposing to change that policy of designating target areas. He added the
Board of Directors Meeting 21 June 4, 2007 at 7:00 P.M.
committee recommendation is that the sequence of funding for housing rehab be Target
Area 1, Target Area 2, and non-target areas, which is the major change being
proposed.
Director Jones questioned what procedure is followed if there is only $25,000 to
spend on a home and it has lead paint in it, and Ms. Sellman advised that steps
have been taken in-house to minimize the expenditures on lead. She added that the
lead testing procedures that are done on every property that benefits from the rehab
program costs approximately $1,400 per home. She advised that the City has
acquired testing for the CDBG Administrator, Mr. Gerald Harman, who is now certified
to do that testing at the beginning of the project and also to do the close-out work that is
required at the end of the project, which would allow the use of the money that would
have been spent on testing to go into the actual rehabilitation of the home. As far as the
lead paint mitigation that is required when these projects are done, if the expenditure
on the home exceeds $25,000, then the City is required to do everything that needs to
be done to bring that lead paint situation to correct any area of risk. She noted that
$4,000 or $5,000 has been spent on some houses just for the lead paint.
Director Smith commended Ms. Sellman and CDAC for these
recommendations and asked if it was a unanimous vote on this issue. Ms. Sellman
advised that it was not, and she made note of the changes. She stated all of those were
unanimous at various times with the exception of Item No. 2, which is the target and
non-target procedures. Director Smith said he was impressed with Item No. 5, the
minimum/maximum subsidies. He noted it was his understanding that the money is
to be distributed further among more houses. He stated he would like to see this
program expand to $10,000 to $20,000 as opposed to some of the $40,000 and
$45,000.
Director Maruthur said she tried to get the cap put on but was outvoted. She
stated the whole idea was first-come, first serve. She stated there are older
neighborhoods all over the City that need help and asked the City Manager to look
into whatever programs are available, such as nuisance abatement. She commented
that Watt Street area needs help and said she did not agree with diluting the money.
She asked if first-come, first-serve means because there is a waiting list, and Ms.
Sellman replied there is a waiting list and will continue to work from the top of that
waiting list.
A motion was made by Director Maruthur, duly seconded by Director Jones, that
the resolution be tabled until the next meeting; and upon roll call, the following voted
Board of Directors Meeting 22 June 4, 2007 at 7:00 P.M.
Aaye@: Directors Maruthur, Jones, Weatherford, Edwards, Daniel, and Bush, total 6.
Voting Ano@: Director Smith; motion carried.
22 Proposed Ordinance No. O-07-55 Establishing the Membership and Terms
of Office of the Hot Springs Planning Commission (Withdrawn from
Agenda)
23 Proposed Ordinance No. O-07-56
An ordinance entitled, AAN ORDINANCE ACCEPTING THE ANNEXATION OF
CERTAIN TERRITORY TO THE CITY OF HOT SPRINGS, ARKANSAS; MAKING
SAME A PART OF THE CITY OF HOT SPRINGS; AND ASSIGNING SAME TO A
DISTRICT (246 BURCHWOOD BAY ROAD),@ was taken from the agenda for
consideration.
A motion was made by Director Weatherford, duly seconded by Director Jones, that the rules be
suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion
unanimously carried. The ordinance was then read for the first time by title only; and upon the question
AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by
Director Maruthur, that the ordinance be passed as read; and upon roll call, the following voted Aaye@:
Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion
unanimously carried. Whereupon the ordinance was declared passed.
24 Proposed Resolution No. R-07-144
A resolution entitled, AA RESOLUTION AMENDING THE 1997
COMPREHENSIVE PLAN FUTURE LAND USE MAP BY RECLASSIFYING CERTAIN
REAL PROPERTY (246 BURCHWOOD BAY ROAD),@ was taken from the agenda and
read by title only.
A motion was made by Director Weatherford, duly seconded by Director Edwards,
that the resolution be adopted as read.
Upon discussion, Ms. Kathy Sellman, Planning and Development Director, stated
the annexation procedures of the City require that during the 30-day waiting period
following the Judge=s approval of an annexation request, the Planning Commission shall
conduct a hearing to discuss the zoning of the proposed annexed areas and any
modifications to the Comprehensive Plan that may be required or appropriate. This is
Board of Directors Meeting 23 June 4, 2007 at 7:00 P.M.
a project called Bayhill Subdivision that has already been approved for development
and is now seeking annexation. The Comprehensive Future Land Use Map designation
that would be required to support the approved development would be residential,
medium/high. The staff recommends approval, and Planning Commission at a hearing
on May 10 recommended on a 6-0 vote that the Board approve this resolution.
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 resolution was
declared adopted.
25 Proposed Ordinance No. O-07-57
An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF
THE CITY OF HOT SPRINGS, ARKANSAS, BY ESTABLISHING AN INITIAL ZONING
DESIGNATION OF R-4, MEDIUM/HIGH RESIDENTIAL, FOR 246 BURCHWOOD BAY
ROAD,@ was taken from the agenda for consideration.
A motion was made by Director Weatherford, duly seconded by Director Jones, that the rules be
suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion
unanimously carried. The ordinance was then read for the first time by title only; and upon the question
AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by
Director Edwards, that the ordinance be passed as read.
Upon discussion, Ms. Kathy Sellman, Planning and Development Director, stated this is the
initial zoning on the Bayhill development; and the R-4 zone district minimum lot size for single family is
6500 square feet per dwelling. The approved Bayhill Subdivision meets this standard, and staff and
Planning Commission recommend approval.
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.
26 Proposed Ordinance No. O-07-58
Board of Directors Meeting 24 June 4, 2007 at 7:00 P.M.
An ordinance entitled, AAN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING FOR THE PURCHASE OF CERTAIN REAL PROPERTY
(ROBERT C. MALT, SELLER, TRACT 21) RELATED TO THE HIGDON FERRY ROAD
IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES,@ was taken from the
agenda for consideration.
A motion was made by Director Daniel, duly seconded by Director Edwards, that the rules be
suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion
unanimously carried. The ordinance was then read for the first time by title only; and upon the question
AShall the ordinance be passed as read?@ and upon motion of Director Daniel, duly seconded by Director
Weatherford, that the ordinance be passed as read.
Upon discussion, Mr. Steve Mallett, Public Works Director, stated staff=s recommendation is
to purchase approximately 1.04 acres of property along Higdon Ferry Road from Robert C. Malt at
the offered and accepted price of $182,000. This property is required in order to provide new
right-of-way for the widening of Higdon Ferry Road, and the price being offered is based on an appraisal
developed by Frank Manzer and approved by the Highway Department. This money is 80 percent
federal and 20 percent city match and is funded in this year=s budget.
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.
27 Proposed Ordinance No. O-07-59
An ordinance entitled, AAN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING FOR THE PURCHASE OF CERTAIN REAL PROPERTY
(EMILY J. BUTLER, SELLER, TRACT 14) RELATED TO THE HIGDON FERRY ROAD
IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES,@ was taken from the
agenda for consideration.
A motion was made by Director Daniel, duly seconded by Director Weatherford, that the rules be
suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion
unanimously carried. The ordinance was then read for the first time by title only; and upon the question
AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by
Director Edwards, that the ordinance be passed as read.
Upon discussion, Mr. Steve Mallett, Public Works Director, stated staff=s recommendation is
to purchase approximately .1 acre along Higdon Ferry Road from Emily J. Butler at the offered and
accepted price of $40,000. This property is required in order to provide new right-of-way for the
Board of Directors Meeting 25 June 4, 2007 at 7:00 P.M.
widening of Higdon Ferry Road. This is based on the appraisal conducted by Frank Manzer and
approved by the Highway Department and is 80-20 federal/city match.
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.
17 Proposed Resolution No. R-07-126
A resolution entitled, AA RESOLUTION EXPRESSING THE CITY=S INTENT TO
PARTICIPATE IN THE NATIONAL CALL TO ACTION FOR AFFORDABLE HOUSING
THROUGH REGULATORY REFORM,@ was taken from the agenda and read by title
only.
A motion was made by Director Weatherford, duly seconded by Director
Maruthur, that the resolution be adopted as read.
Upon discussion, Ms. Kathy Sellman, Planning and Development Director, stated
this resolution is an initiative of the U. S. Department of Housing and Urban
Development. They have created the America=s Affordable Communities Initiative, and
this is intended to help communities address the need for regulatory reform and
reduce the cost of housing to potential buyers. Barriers can be ordinances, regulations,
policies, procedures and fees that may prevent potential buyers from becoming
homeowners in the community. Working people, such as teachers, policemen, firemen,
service personnel and nurses, need to be able to live in the community where they
work. In addition, to those people, there are also senior citizens who cannot find safe
and affordable housing that is near their families. In the next 18 months or so, the City
is expected to see 2,000 new jobs added in the Hot Springs area; and if the City is
going to be successful in filling these new jobs with qualified employees, the City needs
to be in a position to find ways to make housing more affordable. She explained this is
a request for the Board=s support and Hot Springs becoming a part of this initiative.
Over the next year, City staff will examine the barriers that may exist in the community
and come to the Board with recommendations.
Director Maruthur said this is HUD and asked if they are going to subsidize
individuals who could not under other circumstances rent or buy, and Ms. Sellman
advised that HUD is not subsidizing this. She added when either non-profits in the
community or developers hope to do developments that will be affordable in the
community or even the City applies for grants and other programs related to housing,
Board of Directors Meeting 26 June 4, 2007 at 7:00 P.M.
there is a point system that is assessed based upon what the City has done; and this
affects the public and private applicants. She stated the City needs to be able to
demonstrate that it is has done its best to find that fine line between over regulating and
failing to regulate to provide for safety and health.
Director Maruthur asked if this pertained to new housing or will it be an adjunct to
areas that are in need of help to encourage people to buy into the neighborhood. Ms.
Sellman advised that typically the regulatory barriers initiative looks at new construction.
However, the programs that someone might apply to obtain for implementation in the
community would be judged against the City=s effort to reduce regulatory barriers.
Director Jones said she has taken several workshops on affordable housing, and
the City should be responsible for bringing jobs to the City that pays enough money
because they expect a school teacher to pay $60,000 to $70,000, which is moderate
income for low-income people to be able to afford one of these houses. She stated if
the City does not have the type of jobs for someone to afford a $50,000 home, if it is
affordable housing, that is one area the City needs to work on, not just the housing but
to try to secure jobs for people to afford to live in these houses.
Director Maruthur asked Ms. Sellman if she could name one ordinance that could
be a barrier to somebody doing new construction.
City Manager Kent Myers replied that through the efforts of Building Official Mike
Scott and the Fire Department, the City has been working with the Majestic Hotel, which
is getting ready to create some affordable housing in the community. He pointed out a
couple of months ago in regard to the National Baptist Hotel, the Board changed the
ordinance relating to condensation units. As a result of that action by the Board, the City
has been able to bring that to the attention of the Majestic Hotel developers, who have
realized several hundred thousand dollars in savings.
Director Maruthur asked what are the ordinances to new construction that would
be changed or could be modified. Ms. Sellman replied that is exactly what the City will
know in 12 months. Director Maruthur said that she would like more information on this.
Ms. Sellman reported there is an award program for communities that do this,
and Hot Springs will submit an entry.
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,
Board of Directors Meeting 27 June 4, 2007 at 7:00 P.M.
and Bush, total 7; motion unanimously carried. Whereupon the resolution was
declared adopted.
OTHER BUSINESS
28 Board of Directors Items
Director Smith announced that on Thursday, at 5:15 p.m., he will be hosting a
District 3 Meeting at the Quapaw Community Center, 500 Quapaw. There will be City
department heads in attendance and encouraged citizens in District 3 to attend.
Director Edwards commended the female police officer who was patrolling the
1400 block of Seventh Street last Sunday. He mentioned someone had dropped an
unsecured load of scrap and lumber, and she stopped the traffic and moved the rest of
the debris out of the street.
Director Weatherford reported there will be a District 4 tour, Thursday, June 28,
at 12 noon, starting at City Hall.
Director Maruthur reported for any code violations people experience over the
weekends, they may call 321-6850. She noted that number is checked every two hours,
and some of these violations do not last for two hours but are momentary. She
encouraged people to take a photo of the violation and send an e-mail to
ksellman@cityhs.net. Also, to make sure this is documented, they should call the
Police Department at 321-6789 and make sure they do a paper report. Also, there is
a program called AAround the Corner,@ which is for vegetation that prohibits people
from seeing around the corner. In the last week, she has been visiting several
people=s homes and was surprised at the number of complaints she received regarding
bushes and various vegetation. To report visibility problems when driving, individuals
may call 321-6861. She said the calls can be anonymous, and this is in the interest of
safety.
Director Weatherford reported on several events this week (HOG Rally, Retriever
Dog Trials at Oaklawn, and MusicFest).
City Attorney Brian Albright reported that the Arkansas Bar Association is
meeting this week.
Board of Directors Meeting 28 June 4, 2007 at 7:00 P.M.
29 City Manager=s Report
City Manager Kent Myers gave the following report:
1. On the Consent Agenda, the Board appointed a number of members to the
advisory boards and committees (Arts Advisory Committee - Ann Caruso, Elizabeth
Farris, Willie Gilbert and Tanya Spavins; Historic District Commission-Joy Hance;
Parks and Recreation Advisory Committee - Orville Poole and James Frierson;
Transportation Advisory Committee - Claudette Ford; and Community Development
Advisory Committee - Jay Binns, Velda Holmes, and Charles Smith.
2. He welcomed the groups who are in town this week. Next week, city
representatives from throughout the State will be in town as part of the Arkansas
Municipal League Convention. All of the hotels in the area, including the Arlington,
Austin and Embassy Suites, are filled; and they have now moved down Central
Avenue to the Stagecoach Inn. The Directors are already registered for the convention
and encouraged them to attend the breakfast on Thursday morning for the opening
ceremony, which will feature the Fire Department color guard; and Theodocia Latham,
who will sing the National Anthem. There will be break-out sessions, such as recent
legislation on land banks; and Chief Animal Control Officer Dan Bugg will speak on
Animal Control; Planning and Development Director Kathy Sellman and Parks and
Recreation Director Jean Wallace will also be featured speakers.
3. He recognized Police Chief Bobby Southard, who introduced recently hired
Police Officer Gary O. Miller, Jr.
30 ADJOURNMENT
There being no further business to come before the Board, the meeting
adjourned at 8:50 p.m., to meet again on Monday, June 18, 2007, at 7:00 p.m.
Board of Directors Meeting 29 June 4, 2007 at 7:00 P.M.
ATTEST: _____________________
APPROVED:__________________
Lance Hudnell, City Clerk Mike Bush,
Mayor
Board of Directors Meeting 30 June 4, 2007 at 7:00 P.M.
Agenda
REGULAR MEETING OF THE BOARD OF DIRECTORS
MEETING NO. 12
CITY OF HOT SPRINGS, ARKANSAS
MONDAY, JUNE 4, 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 - Mr. Jeff Childs
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 May 21, 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 (May 23, 2007).
6 Budget Transfer - Higdon Ferry Road Widening Project ($200,000).
7 Budget Transfer - Conversion of Current Commercial Dumpster Collection
System and Additional Cart Inventory for Future Needs ($130,000).
8 Resolution No. R-07-117 Accepting Certain Bid Awards.
a. Refuse Containers - Sanitation.
9 Resolution No. R-07-118 Authorizing the Filing of a Grant Application with
the Homeland Security Administration/Transportation Security Administration
to Reimburse the Police Department for Airport Security.
10 Resolution No. R-07-119 Appointing Virginia Harvey and Mary F. Payne
to the Animal Control Advisory Committee.
11 Resolution No. R-07-120 Appointing Ann Caruso, Elizabeth Farris, Willie
Gilbert and Tanya Spavins to the Arts Advisory Committee.
12 Resolution No. R-07-121 Appointing Joy Hance to the Historic District
Commission.
13 Resolution No. R-07-122 Appointing Orville Poole and James Frierson
to the Parks and Recreation Advisory Committee.
14 Resolution No. R-07-123 Appointing Claudette Ford to the Transportation
Advisory Committee.
15 Resolution No. R-07-124 Appointing Jay Binns, Velda Holmes and Charles
Smith to the Community Development Advisory Committee.
16 Resolution No. R-07-125 Authorizing an Agreement with Rock Creek
Property Owners= Improvement District No. 41 and Accepting Certain
Wastewater Improvements.
Order of
Business Subject
(CONSENT AGENDA CONTINUED)
17 Resolution No. R-07-126 Expressing the City=s Intent to Participate
in the National Call to Action for Affordable Housing Through Regulatory
Reform.
PUBLIC HEARING
18 Consider Public Hearing on Naming the Tennis Courts at Kimery Park as
The George Caristianos Tennis Facility.
NEW BUSINESS
19 Consider Resolution No. R-07-127 Naming the Tennis Courts at Kimery Park
as The George Caristianos Tennis Facility.
20 Consider Presentation of Condemnation Resolutions.
a. Proposed Resolution No. R-07-128 Condemning Certain Property at 516
Hollywood.
b. Proposed Resolution No. R-07-129 Condemning Certain Property at 112
Washington.
c. Proposed Resolution No. R-07-130 Condemning Certain Property at 335
Silver.
d. Proposed Resolution No. R-07-131 Condemning Certain Property at 412
Pleasant Valley.
e. Proposed Resolution No. R-07-132 Condemning Certain Property at 308
Pleasant Valley.
f. Proposed Resolution No. R-07-133 Condemning Certain Property at 422
Laurel.
g. Proposed Resolution No. R-07-134 Condemning Certain Property at 424
Palmetto.
h. Proposed Resolution No. R-07-135 Condemning Certain Property at 325
Crescent.
i. Proposed Resolution No. R-07-136 Condemning Certain Property at 232
Glade.
j. Proposed Resolution No. R-07-137 Condemning Certain Property at 115
Summit.
k. Proposed Resolution No. R-07-138 Condemning Certain Property at 330
Walnut.
l. Proposed Resolution No. R-07-139 Condemning Certain Property at 215
Holly.
m. Proposed Resolution No. R-07-140 Condemning Certain Property at 340
Holly.
n. Proposed Resolution No. R-07-141 Condemning Certain Property at 203
Ridgeway.
o. Proposed Resolution No. R-07-142 Condemning Certain Property at 333
Garden.
21 Consider Resolution No. R-07-143 Adopting Policies and Procedures for the
Community Development Block Grant Housing Rehabilitation Program.
22 Consider Ordinance No. O-07-55 Establishing the Membership and Terms
of Office of the Hot Springs Planning Commission.
Order of
Business Subject
23 Consider Ordinance No. O-07-56 Accepting the Annexation of Certain
Territory to the City (246 Burchwood Bay Road).
24 Consider Resolution No. R-07-144 Amending the 1997 Comprehensive
Plan Future Land Use Map by Reclassifying Certain Real Property (246
Burchwood Bay Road).
25 Consider Ordinance No. O-07-57 Amending the Zoning Code of the City by
Establishing an Initial Zoning Designation of R-4, Medium/High Residential,
for 246 Burchwood Bay.
26 Consider Ordinance No. O-07-58 Waiving Requirements of Competitive
Bidding for the Purchase of Certain Real Property (Robert C. Malt, Seller,
Tract 21) Related to the Higdon Ferry Road Improvement Project.
27 Consider Ordinance No. O-07-59 Waiving Requirements of Competitive
Bidding for the Purchase of Certain Real Property (Emily J. Butler, Seller,
Tract 14) Related to the Higdon Ferry Road Improvement Project.
OTHER BUSINESS
28 Consider Board of Directors' Items for Discussion and Announcements
(no vote).
29 Consider City Manager=s Report.
30 ADJOURNMENT
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