Board of Directors

MINUTES BOARD OF DIRECTORS MEETING JANUARY 22, 2008, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Tuesday, January 22, 2008, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. James Frierson, 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; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of January 8, 2008 Board Meeting A motion was made by Director Daniel, duly seconded by Director Jones, that the minutes of the January 8, 2008 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Police Chief Bobby Southard introduced recently hired police officer Anthony Halpin. Director Daniel announced the birth of Public Works Director Steve Mallett=s daughter, Savannah Rose, on January 17. 5 Acknowledgment of Financial Statements for October and November 2007 Mayor Bush announced that the Financial Statements for October and November 2007 are on file in the City Treasurer=s Office for review by the Board and the public. CONSENT AGENDA The Consent Agenda consisted of the following: 6 Public Safety Report (January 9, 2008). 7 Proposed Resolution No. R-08-13 Accepting Certain Bids (a) Janitorial Service - Parks and Recreation and Various Departments [annual supply contract awarded to Service One and Service Master]; (b) Float Switches - Utilities [annual supply contract awarded to Instrument and Supply]; (c) Stator Rewinding - Utilities [annual supply contract awarded to Lynn=s Electric Motor Service]; and (d) Additional Side Pockets for Commercial Dumpsters - Sanitation [Change Order to N.E.O. Fab in the amount of $19,663]. 8 Proposed Resolution No. RB08-14 Authorizing Filing and Accepting a Grant from Wal-Mart to Subsidize the Citizen Police Academy. 9 Proposed Resolution No. R-08-15 Adopting a Cafeteria Plan Under Section 125 of the Internal Revenue Code of 1986, as Amended. 10 Proposed Resolution No. R-08-16 Authorizing the Filing of a Grant Application with the Federal Transit Administration, United States Department of Transportation, for Federal Transportation Assistance Authorized by 49 U.S.C. Chapter 53, Title 23, United States Code; and Other Federal Statutes Administered by the Federal Transit Administration. 11 Proposed Resolution No. R-08-17 Approving a Certain Street Name as Lakepark Drive. Board of Directors Meeting 2 January 22, 2008 at 7:00 P.M. 12 Proposed Resolution No. R-08-18 Approving a Certain Street Name as VCK Court. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the Consent Agenda be approved; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. NEW BUSINESS 13 Proposed Resolution No. R-08-19 A resolution entitled, AA RESOLUTION APPROVING THE 2008 PAVING PROGRAM,@ 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, Public Works Director Steve Mallett advised there is $560,990 available in the 2008 Budget to pave 3.75 miles of streets, which includes some paving on 12 streets. He stated every three to four years, city staff surveys the streets and ranks them based on condition, number of cars per day, and usage. Based on that, staff recommends the paving program based on ranking. He pointed out that staff also considers requests from the Board and reviews certain streets and re-ranks those since it may be several years since they have been surveyed. He advised that the City also has plans to do paving on Shale Creek and accepted that street on the condition that the residents provide funding in approximately $11,000 to bring the streets in that area up to specifications. He reported the residents have come forward with that money; therefore, that street will be included. He stressed that is money the City received from the residents and is to be used specifically to pave those streets in Shale Creek. Mr. Wayne Roberts, 515 Jerome, commended the Board for proceeding with the paving of the streets, pointing out it is part of health, safety, and welfare. He noted in the budget that the Board passed, the City is still $310,000 in expenses over revenues, and the Board will have to make some hard decisions that are coming up in the near future. He said he hoped the City did not take anything out of health, safety, and welfare. Also, he stated he hoped the Board looks in the future at the budget and takes Board of Directors Meeting 3 January 22, 2008 at 7:00 P.M. one or two percent out and places it in reserves. He said if that is done for the next three to five years, the reserves will increase as he heard the City is losing money in its reserves. He stated in the budget meetings, it was mentioned that the City needed money for its pensions. Director Maruthur stated on Whittington there was a Aswitch-around@ on the paving; and it will be from Central to Water or Water to Central. She commented there were some citizens who had contacted her regarding that, and it has been changed. 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. 14 Proposed Ordinance No. O-08-11 An ordinance entitled, AAN ORDINANCE ACCEPTING A CERTAIN STREET AS A PUBLIC STREET (ENTERGY PARK CROSSING); NAMING SAID STREET; 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 Jones, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Public Works Director Steve Mallett explained this is a short street that was added as a result of widening and reconstructing Carpenter Dam Road. He added that access to Entergy Park is off the old Carpenter Dam Road, which is now Lakepark Drive. He stated this road was added by the Arkansas State Highway and Transportation Department to allow access between the two roads that parallel each other rather than having to go all the way to the end and come back. 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. Board of Directors Meeting 4 January 22, 2008 at 7:00 P.M. 15 Proposed Ordinance No. O-08-12 An ordinance entitled, AAN ORDINANCE AMENDING ORDINANCE NO. 5549 BY WAIVING THE SPECIAL EVENT FEE FOR CERTAIN PARADES,@ was taken from the agenda for consideration. A motion was made by Director Jones, duly seconded by Director Maruthur, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Jones, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, City Manager Kent Myers advised that last year the Board approved a new Special Event Policy, which established fees. However, the decision was made to defer the collection of those fees until January 1, 2008. He stated part of the fees includes parades that are held throughout the community. He commented there were 6 parades held last year, and there are approximately 27 other events covered under this policy. He said several Board Members have expressed concerns about parades that are held on national holidays and requested that the Board consider waiving the fees for those parades. He pointed out this ordinance would waive the fees being charged for parades on nationally recognized holidays. Director Smith asked if the Board will still be placed in a position of having to choose which fees to waive or will it be across the board. Deputy City Manager Lance Hudnell pointed out in the current ordinance, there is a variance and waiver policy that stipulates the Board may waive on a case-by-case basis fees established by this ordinance. He said this replaces that section and states the fees will be waived for parades and celebration of only these holidays. He added it takes away the blanket waiver on a case-by-case basis language. Director Smith questioned if there is a list of parades that have made the cut, and Deputy City Manager Lance Hudnell said this does not establish a list but sets out that anyone who comes with a parade in celebration of these holidays, the fees would be waived. He stated last year, there were six that fell into this category. City Manager Kent Myers added there are four other parades that did not fall under this category, and those will continue to be charged. Board of Directors Meeting 5 January 22, 2008 at 7:00 P.M.  Deputy City Manager Lance Hudnell mentioned there were others that were more processions than parades, such as the motorcycles and Corvette Club. City Attorney Brian Albright explained that the language in the ordinance states that the fees established pursuant to this ordinance shall not be waived except as otherwise provided herein, and then there will be a list of the ones that are waived. He said any other parade as defined and interpreted in its narrowest sense shall not be included as any special event, and other special events are going to incur the fee. He added parades that are not associated with these listed national holidays would still be charged the fee. Director Maruthur noted that the list included in the ordinance are official holidays and include New Year=s Day, Dr. Martin Luther King, Jr. Day, Presidents= Day, St. Patrick=s Day, Easter, Memorial Day, Independence Day, Labor Day, Veterans= Day, Thanksgiving, and Christmas. 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. 16 Approval of Board of Directors Travel to National League of Cities in Washington, DC in March 2008 (Director Jones and Director Smith) A motion was made by Director Edwards, duly seconded by Director Jones, that the Board Travel to the National League of Cities in Washington, DC in March 2008, for Director Jones and Director Smith, be approved. Upon discussion, City Manager Kent Myers advised that in March of every year, the National League of Cities sponsors a Congressional Cities Conference, which is held in Washington, DC. He noted there are several benefits the City receives from this conference and includes conference sessions on items such as housing, transportation, and community development. He stated usually those sessions last two to three days over the course of the conference, and one day is devoted to meetings with the Congressional delegation. He mentioned it has always been the City=s policy to use that as an opportunity to meet one-on-one with Congressman Ross, Senator Lincoln, and Senator Pryor to discuss city government issues and community issues that are facing Hot Springs. He pointed out that one example of that at the present time is the Veterans Health Clinic, which is a major topic they will address with the Board of Directors Meeting 6 January 22, 2008 at 7:00 P.M. Congressional delegation. He noted they will also be meeting to discuss the Corps of Engineers and the problems with getting the water out of Lake Ouachita. Also, they will discuss CDBG funding, as well as other issues. He stressed this is not just attending meetings and learning about federal issues. Director Jones questioned if the Mayor=s Youth Council will be attending, and City Manager Kent Myers advised that he met today with Ms. Jean Wallace and Ms. Bea Arline, Youth Council sponsors; and at this point, there have not been any youth indicating an interest. He stated that staff sent out a letter and form for them to fill out, and Friday was the deadline; but no one responded; and the deadline was extended for several more days. He added that many of the youth now have so many different obligations, and one is the ACT test this time of year, as well as belonging to many different groups, making it difficult to make a commitment. Mayor Bush commended Director Smith and Director Jones for their interest in attending the National League of Cities Conference and representing the City. Mayor Bush then called for a vote on the motion to approve the Board travel to the National League of Cities Conference in Washington, DC for Director Jones and Director Smith; and upon roll call, the following voted Aaye@: Directors Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 6. Voting Ano@: Director Maruthur; motion carried. 17 Revised Board of Directors Meeting Schedule (January thru June 2008) A motion was made by Director Jones, duly seconded by Director Maruthur, that the revised Board of Directors Meeting schedule for January thru June 2008 be approved. Upon discussion, City Manager Kent Myers stated that last month, the Board approved the Board Meeting schedule for January through June 2008. However, since that time, the Board has expressed several concerns with regard to the holiday in February and March and wanting to move the meeting dates from the Monday to the Tuesday. President=s Day is observed on Monday, February 18 and move the Board Meeting to Tuesday, February 19; and due to the large celebration of St. Patrick=s Day, it is suggested to move the March 17 meeting to Tuesday, March 18. He pointed out there have been joint Planning Commission and Board Work Sessions in the past, and it is recommended setting the date for the next combined work session for Thursday, February 28, at 5 p.m. Board of Directors Meeting 7 January 22, 2008 at 7:00 P.M.  Director Maruthur pointed out there have been so many conflicts on Mondays and suggested moving the Board Meetings to Tuesdays for business reasons in order for the Directors to get their calls in on Monday. She noted all of the holidays are on Mondays, and she believes it would be better for everybody involved. She pointed out there is no reason to have them on Monday except that is what has been done in the past, and the meeting could be held any day of the week. A motion was made by Director Maruthur, duly seconded by Director Jones, that the Board Meeting dates be changed from the first and third Mondays to the first and third Tuesdays of each month for business reasons. Upon discussion, Deputy City Manager Lance Hudnell advised if the Board passes this motion, the ordinance would have to be amended. Mayor Bush then called for a vote on the motion; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Weatherford, Edwards, Daniel, and Bush, total 6. Voting Ano@: Director Smith; motion carried. City Manager Kent Myers pointed out that the next regular Board Meeting will be held on Monday, February 4; and then an ordinance will be presented at the February 4 meeting to change the date from Monday to Tuesday. City Manager Kent Myers asked if the Board still wants to hold the agenda meetings on Tuesdays, and it was the consensus to leave the agenda meetings on Tuesday. City Attorney Brian Albright advised that the Board does not need to vote on the revised Board Schedule until the ordinance changing the Board Meetings dates is addressed. Therefore, no vote was taken on the revised Board Meeting Schedule. OTHER BUSINESS 18 Board of Directors Items Director Edwards commended the Police Department for the excellent job it did the first two days in controlling the traffic and parking situation at Oaklawn Park. Board of Directors Meeting 8 January 22, 2008 at 7:00 P.M.  Director Maruthur thanked the individual who sent her flowers on December 14, 2007, pointing out there was no name on the card. Director Jones expressed appreciation to Mr. Ralph Porter, Chairman of the Dr. Martin Luther King, Jr. Parade, who asked that she thank everyone who participated and for the participants on the program. 19 City Manager=s Report City Manager Kent Myers gave the following report: 1. On the Consent Agenda, the Board accepted a grant from Wal-Mart for $1,000 to underwrite the cost for a Citizens= Police Academy and expressed appreciation to Wal-Mart for its contribution. Also, the old Carpenter Dam Road has been abandoned with the realignment of the new road; and the Board approved the renaming of that to Lakepark Drive. 2. He recognized Ms. Minnie Lenox, Human Resources Director, who served as the emcee for the Dr. Martin Luther King, Jr. breakfast on Saturday morning, and did a wonderful job representing the City. 3. He thanked Director Weatherford and Director Maruthur for their work serving on a new building study committee, which has been meeting for about six weeks. Mr. John Selig and Mr. Kin Bush also serve on that committee, and they are making progress in evaluating the older buildings. He anticipates that in about 30 days, they will have their final report and recommendations ready for the Board to consider. 4. Tomorrow in the newspaper will be the announcement that Mesa Airlines will be shutting down its operations within the next 90 days. Mesa Airlines has had some financial issues to deal with, not only in Arkansas, but throughout the country and decided to cease their operations throughout the State of Arkansas. Airport Director George Downie is already making plans for leasing the space. 5. The City is putting together a plan for an emergency warning system; and in the next couple of months, staff will be presenting that to the Board. There will be a presentation on one system (Code Red Warning System) on Thursday, January 24, at 12 noon in the Board Chambers and invited the Board Members to attend. This is being used throughout the country to warn citizens not only about flooding conditions but other Board of Directors Meeting 9 January 22, 2008 at 7:00 P.M. emergencies. The Police Department, Fire Department, and other emergency agencies are invited to attend. 20 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 7:30 p.m., to meet again on Monday, February 4, 2008, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 10 January 22, 2008 at 7:00 P.M.