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Board of Directors

Regular Meeting

Hot Springs, AR · June 4, 2007

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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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