Board of Directors

MINUTES BOARD OF DIRECTORS MEETING FEBRUARY 4, 2008, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, February 4, 2008, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Joyce Denton, 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 Daniel, that the agenda be approved. Upon discussion, Director Smith requested that Item No. 20 (Proposed Resolution No. R-08-29 Authorizing the Mayor to Execute a Lease Agreement with the Veteran=s Memorial of Garland County, Arkansas, for Certain Property Within the Transportation Plaza, 100 Broadway Terrace) be moved to the first item under New Business. 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 January 22, 2008 Board Meeting A motion was made by Director Edwards, duly seconded by Director Maruthur, that the minutes of the January 22, 2008 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests At this time, Director Maruthur responded to an article in the February 2 edition of The Sentinel-Record, regarding a recall and wanted it on the record that she plays no part in that and has not. She stated she wanted the Board and viewing audience to acknowledge that. Police Chief Bobby Southard recognized recently employed police officers Christopher Shaw, Tony Waits, and Michael Hibbard. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (January 23, 2008). 6 Proposed Resolution No. R-08-20 Approving Certain Bid Awards (a) Cardboard Collection Vehicles (2) - Sanitation [awarded to Glover Truck in the amount of $251,828]; (b) Vehicle - Parks [awarded to Landers Ford in the amount of $16,958]; and (c) Ten Police Vehicles - Police [awarded to Landers Ford in the amount of $215,904]. 7 Proposed Resolution No. RB08-21 Revising the 2008 Budget by Appropriating Funds for Certain Prior Year Expenditures. 8 Proposed Resolution No. R-08-22 Approving a Certain Street Name as Lily Ruth Court. 9 Proposed Resolution No. R-08-23 Awarding a Contract for Real Estate and Easement Acquisition Services to Right of Way USA, Inc. for Various Utility Projects. 10 Proposed Resolution No. R-08-24 Awarding a Contract to Carter and Burgess, Inc. for Certain Engineering Services (Stormwater Outfall Mapping of City=s Drainage Systems). Board of Directors Meeting 2 February 4, 2008 at 7:00 P.M. 11 Proposed Resolution No. R-08-25 Appointing John Martineau to the Parks and Recreation Advisory Committee. 12 Proposed Resolution No. R-08-26 Authorizing the Filing of a Grant Application with the Arkansas State Highway and Transportation Department Pursuant to the Arkansas Safe Routes to School Program. 13 Proposed Resolution No. R-08-27 Waiving the Field Use Fees for the Hot Springs Senior Softball Association Tournament to be Held at Kimery Park on May 1, through May 4, 2008. 14 Proposed Resolution No. R-08-28 Authorizing the Disbursement of Funds to the Drug Task Force for the Eighteenth East Judicial District. A motion was made by Director Smith, duly seconded by Director Daniel, that the Consent Agenda be approved. Regarding Item No. 13 (Proposed Resolution No. R-08-27 Waiving the Field Use Fees for the Hot Springs Senior Softball Association Tournament to be Held at Kimery Park on May 1, through May 4, 2008), Director Maruthur stated that recently the Board voted for fees and questioned why the Board is considering waiving the fee again. She added the Board was given a very specific list for fees. Deputy City Manager Lance Hudnell explained that it was a separate fee schedule, and the fee schedule she is referring to related to special events that are in public right-of-ways (parades, street closings, etc.). He stated this is an activity within a park, which is a separate fee schedule. Director Maruthur questioned why the Board is considering waiving this as opposed to other fees, pointing out that the City has fees for different events and had an official one for parades. Also, there are specific, official holidays that the Board decided to waive the fees for certain specific events but is now considering waiving a fee for a park event. She questioned if that means all park events; and Deputy City Manager Lance Hudnell explained that under the parks fee schedule, the Board has the ability to waive fees if the Board so desires. He noted this particular organization each year has requested that the Board waive the fees and is asking again this year. He Board of Directors Meeting 3 February 4, 2008 at 7:00 P.M. explained the Board has authority to do that in the fee schedule established for the parks and is completely separate from the special events. Director Maruthur said that she wants to make sure the City is being consistent in what it does for different events. Deputy City Manager Lance Hudnell advised that it will be left to the Board=s discretion whether it wants to change the other fee schedules to the same type of thing as it did with special events. Director Maruthur requested a list of the other events for which the Board traditionally waives the fees. City Manager Kent Myers advised that the Senior Olympics will be coming before the Board later this year, and those are the only two major events for which the City waives those types of fees. Mayor Bush then called for a vote on the motion to approve the Consent Agenda; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. NEW BUSINESS 20 Proposed Resolution No. R-08-29 A resolution entitled, AA RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH THE VETERAN=S MEMORIAL OF GARLAND COUNTY, ARKANSAS, FOR CERTAIN PROPERTY WITHIN THE TRANSPORTATION PLAZA, 100 BROADWAY TERRACE,@ 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, Mr. Morris Cash, chairman of the Veteran=s Memorial Committee of Garland County, said their original site was off Whittington Avenue; and they had a lease with the City. However, this was before the Greenway had a master plan; and this will be a high traffic area, which is the reason for changing their site. He pointed out the site they have chosen is behind the old Treadway Building. Director Edwards commended the group for the wonderful job they have done from the beginning. Board of Directors Meeting 4 February 4, 2008 at 7:00 P.M.  Director Maruthur questioned the cost, and Mr. Cash advised that moving the site will save them about $50,000 because they will not have to build a parking lot. Also, they may not have to build a fence but are waiting to hear from architect Bob Kempkes if they will need that. He advised it will cost approximately $250,000; and the granite is about $150,000. He stated the lease on the property is $1 a year for 50 years. Director Maruthur pointed out there have been major challenges raising the money, and she believes the public should know the reason behind choosing this site B the visibility and the amount of money that is involved. Director Smith said as a veteran, he is very proud of the efforts this group has done; and they have raised around $150,000. He stated it is a wonderful project; and if it were not for the veterans, the City would probably not be holding such a meeting tonight. He commented he is proud to be associated with Mr. Cash and the group and looks forward to a successful completion of this project. Mr. Cash commented that his committee is committed to this and has been for 52 years and is going to see it through. Ms. Kelly Singer, 230 Whittington, said she read in the newspaper that the Arkansas School for Mathematics, Sciences and The Arts is interested in the Whittington site where the memorial was and questioned what kind of commitment the City has from the school. City Manager Kent Myers advised that the Arkansas School for Mathematics, Sciences and The Arts is interested in this property; and they previously contacted the Veteran=s Memorial regarding acquiring the property. He stated the School is conducting a master plan of their entire campus, and that study should be completed later this year. Once that study is completed, they should know the use for the property; and probably at that time, they will be approaching the City to acquire the property. He said in conversations the City has had with them over the last year, they have indicated an interest in the property to develop a facility for the School. Ms. Singer asked if the City has a back-up program for that property should the School not develop their plans, and City Manager Kent Myers replied that the City does not. He added if the School does not pursue it, then the City would put it out to lease just like any other City property it does not need. Ms. Singer said that for the last 12 years she has been living next to it, it has been boarded up and is a place where people litter. Board of Directors Meeting 5 February 4, 2008 at 7:00 P.M.  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. 15 Proposed Ordinance No. O-08-13 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PROPERTY ON CORNERSTONE LANE FROM R-2, SUBURBAN RESIDENTIAL, TO C-2, GENERAL BUSINESS DISTRICT, AND AMENDING THE FUTURE LAND USE MAP BY RECLASSIFYING CERTAIN REAL PROPERTY ON CORNERSTONE LANE,@ was taken from the agenda for consideration. (Appeal) 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 Maruthur, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, advised this is an appeal of an action by the Planning Commission and is brought by the original applicant, Roxanne Garrett, representing Garrett Enterprises, Inc. The original request was to rezone 6.55 acres at Cornerstone Lane and is located inside the City but is on the city limits. The land next to it is not city land and is unincorporated county. She stated the request is to rezone to C-2, General Business District, from R-2, Residential; and the applicant desires to develop the area for a seafood restaurant (Mel=s Seafood). The requirements of the code to bring an appeal are that four questions must be answered: (1) a summary of reasons provided by the Planning Commission concerning the decision in the case; (2) reasons why the applicants on the appeal contends that the Planning Commission erred in its decision; (3) reasons why the applicant of the appeal believes that the public health, safety, welfare, and morals would be better served if the Planning Commission=s decision were reversed; and (4) any new and pertinent information bearing on the case which may have been overlooked by the Planning Commission or which may have come to light following the meeting at which the Planning Commission made its decision. The Planning Commission advertised and conducted a fact-finding hearing on December 13, 2007; and following extensive public testimony voted 7-0 without comment to recommend that Board of Directors Meeting 6 February 4, 2008 at 7:00 P.M. the Board of Directors deny the request. The applicant and appellant, Roxanne Garrett, request that the Board consider reversing the Planning Commission=s recommendation and approve the ordinance rezoning the land to C-2, General Business District, and also to make a modification to the Future Land Use Plan Map changing it from Residential to Linear Commercial Corridor. She stated the applicant presented aerial photographs and land use maps in support, and it appears that the request is in compliance with the Hot Springs Code sections for a change of zone. In response to Director Edwards, Ms. Sellman stated the issue is whether it meets the requirements of the Hot Springs Code. She mentioned there are two ways to look at this: (1) in examining the request to change the zone district to C-2, General Business, it appears to meet certain criteria for that change; and (2) rather than denying it would be to determine if there is another district that provides for commercial uses but which also provides to the adjacent residential area a little more control in terms of how the site is developed. She said there is a zone district, C-TR, Commercial Transitional, that requires a site plan to be approved for any nonresidential use to be developed. She advised that in considering this appeal, there is more available than just considering the C-2, General Business, that is being proposed by the applicant. She added there is also the option of looking at a different district and making an amendment that would allow the use but still provide more control to the adjacent residential neighbors. Director Edwards pointed out this gentleman has this property that he needs to do something with, but there are numerous citizens who live in the area and purchased the property to live there for many years. He commented residents want to live there but do not want to live next to a business. Ms. Sellman stated the commercial zoned districts provide for a mandatory buffer to be in place between nonresidential uses and adjacent existing residential areas, and that area has to be vegetated. She said usually there is a fence, which is supposed to screen the business and its impacts as completely as possible from the residential area. Ms. Dojelo Russell, 500 Pakis, 9-C, secretary of the board of administration of The Oaks, stated they were not aware that the action in December was on appeal for reversal; and there was no notification to them. She said they question the rationale for reversal. She mentioned that 100 people signed a petition in opposition to this. She commented that the present plan is likely to destroy only the Broadmoor neighborhood. She stated they have sympathy for their neighbors because they have had three years Board of Directors Meeting 7 February 4, 2008 at 7:00 P.M. of intermittent assaults from the Garrett team. In July 2005, he proposed to zone to C-2 all the land from Cornerstone down to their property fence from Pakis Street to Cornerstone Lane. The original petition said Athe applicant has contracted to purchase each and every lot within the Boardmoor Subdivision and will provide copy of all contracts.@ She pointed out that was not true, and it did ultimately doom the petition. However, they had to deal with it about eight months with a lot of expense and work. She said the most recent thing the Garrett group has done is construct a white building to the south of their property, and they have sympathy for the homeowners on that ridge. However, with that building next to them, it has made it difficult for the property owners. She expressed concern that the restaurant is at the far west end of the identified strip, next to Cornerstone, and only a few feet over from the Broadmoor homes. Then it shows the rest of it vacant. However, when looking at the other map, that vacant area is 2/3 of this property and is considerably bigger and longer than it looks on the map. She said Mr. Garrett wants all of it to be zoned C-2; and if he gets C-2 for the entire area, there will be commercial developments up to their fences at the south end of The Oaks. Also, he will probably try to acquire and rezone the entire area. She mentioned that The Oaks and Southridge are senior communities, and their houses are all owner/occupied. She appealed to the Board to save their neighborhood. City Manager Kent Myers pointed out that all of the property south of this development is in the County, and the City does not control building permits in that area. He said that the City was not involved in Mr. Garrett=s other buildings and was handled through the County. Ms. Russell replied that they are aware of that. Ms. Judy Ellis, 209 Marwinette Place, in Broadmoor Subdivision, stated they feel that the Cornerstone Shopping Center purposely did not present sufficient information to the Planning Commission so they could quietly submit a written report to them if they did not receive a favorable decision after a public meeting. She said the original owner of the subdivision was her husband=s grandfather, Mr. Thornton, who was going to develop the area that is now in question into a subdivision; but Mr. Thornton=s health and her husband=s traveling work did not allow this to happen. Therefore, the property was later sold to another developer who was a residential homebuilder, which was his intent. She stated her understanding was that he is deceased; and Cornerstone purchased this property, knowing that it was residential property. With regard to property surrounding this residential property, she noted it is commercial. However, the commercial property surrounding this property also belongs to Cornerstone Shopping Center. The residential property north of the commercial property and adjacent to other residents beyond the north, south and east property lines of the Board of Directors Meeting 8 February 4, 2008 at 7:00 P.M. shopping center is all residential. She commented when they are saying they are surrounded by commercial, this is true; but when going outside that boundary, it is residential properties. She pointed out the shopping center knew when it purchased the property that it was residential property; and since then, they have purchased ten properties in the Broadmoor Subdivision and have invested over $260,000 in acquiring property in their subdivision. She stated as far as the neighborhoods being adversely affected, it has, pointing out parking lot lights; noise during the night with intercoms and trucks; toxic exhausts and odors from the idling trucks 24 hours, seven days a week; and odors from the other restaurants. She added that the drainage problem is already happening at The Oaks, and a ten-foot buffer is not enough. Also, the buffer to the west of Broadmoor is 25 feet. She mentioned that the shopping center never created a problem. She stated it is the buffer zone south of Broadmoor Subdivision, which is the property they are wanting to rezone now; and ever since that shopping center has been there, they have not made good on their word to install a buffer zone there. The reason they did not is because they intended to develop it later. As far as attracting new businesses, she said there are vacant buildings and shopping strips and malls in Hot Springs at the present time. She pointed out as far as the tax revenue of the City, all of this shopping center is not in the city limits; therefore, the City will lose revenue. She noted the shopping center wants this property consistent with their property to further develop their shopping center for profits to them regardless of how it impacts Broadmoor Subdivision, The Oaks, Southridge, Buena Vista, and the Melia Gardens residential areas. She reported that some of these residents have already put their homes up for sale, but they are not able to sell them because of the shopping center and are losing their lifetime investment in their homes. She asked that the Board consider the December public meeting where the Planning Commission voted 7-0 to deny the rezoning and not the quietly written appeal to them by the shopping center that resulted in hoping to overturn their decision. She stated she was at the Planning Department last Friday asking if this was what was happening and was told that no one knew anything about such a decision. As far as they knew, it was still 7-0. She said did not find out about this until she read it on the internet (City=s website) when certain pages referred to them. Director Maruthur stated in reviewing the signatures on the petition, she does not see her name on the petition. Ms. Ellis explained that the petition in the Board packet is a petition from The Oaks and the other. She stated she has a petition from Broadmoor Subdivision and all of the properties that are lined up, they are boundaries up against the property in question and have signed this. She said there are over 22 signatures, including her husband=s signature, and she signed for him since he is in Iraq. Board of Directors Meeting 9 February 4, 2008 at 7:00 P.M.  Ms. Ellis said she is also speaking for her husband, noting that the residential property was owned by his grandfather, and it was his intentions to develop the subdivision. He became ill and traveled and could not continue developing it. She stated the strip of property is mostly a ravine which makes it an excellent, natural buffer between the shopping center and the subdivision. Due to the higher elevation, she said they will have to deal with dumping on their property. She added it only makes sense to keep it zoned R-2, which is consistent with the rest of Broadmoor Subdivision. It was also pointed out that the shopping center never created a promised buffer, and there was never adequate sidewalks in front of the shopping center on Central Avenue. She said her husband wants to know about the increased amount of oil and water from the parking lot that is funneled down the ravine and on down, which will make its way to the lakes and pollute Lake Hamilton and expressed concern on how this will affect their properties. Also, there are trash dumpsters at the back of this property which abuts to their property; and with the waste from the restaurant, the leakage and odor will be flowing down to their homes. It was noted there was a problem when Albertson=s was located in the shopping center. He also asked how the already strained grinder pumps in the area will handle the additional load of all the sewage because now the pump in front of Cracker Barrel has had numerous problems where the City has had to make repairs. He also mentioned the lights and noise. He requested that the Board abide by the original decision from the Planning Commission. Ms. Paula McCauley, 500 Pakis, 16-A, said The Oaks and Southridge are senior communities; and when they purchased their homes, these areas were and still are an R-2 zone. She stated their master deeds reflect such, and this area continues to be an R-2 zone. If these areas had been a C-2 zone or a possibility of this becoming a C-2 zone, she commented that many, if not all of the units, may not have been purchased. She commented at the present time, Boardmoor, The Oaks, and Southridge have already had to endure the consequences of new construction in Cornerstone; and those consequences include loud construction noise from machinery, the unending amount of dust and debris falling into their residential communities and onto their homes, and questionable debris that has already been dumped into the water ravine behind The Oaks that feeds into Lake Hamilton. She added that the most recent construction of the large, white building that has been referred to, even though they know it is in the County behind Lowe=s, has several large outside lights that are on 24 hours a day, seven days a week. She stated the traffic has increased because of this; and during the construction phase of this building, the noise was extremely loud. She mentioned there are residents in The Oaks who are dependent on the use of in-home oxygen. Therefore, any type of dust or debris will have a negative and adverse respiratory affect Board of Directors Meeting 10 February 4, 2008 at 7:00 P.M. on their health, and the stress of worrying about the possibility again of rezoning these areas has not been good for their health. She expressed concern about the unpleasant smell of dead fish and seafood garbage, which carries a probability of attracting rodents; and no amount of buffering will prevent that or the odor. Within one-half to a one- mile radius of their area, there are presently 24 to 26 restaurants, which includes fast foods that are already available to the community. The opening of Chick-Fil-A is close, and any additional building in this area will only increase the amount of traffic. If liquor is sold in this restaurant, they feel that some of the traffic will not be safe. She stated when they purchased homes in residential areas, they expect them to stay that. In The Sentinel-Record, the statement of defense states that Athe amendment is not based exclusively upon a desire to increase the value or income potential of the property.@ She said they are appalled that anyone would think that the character of their suburban residential neighborhood would not be negatively affected by rezoning to a C-2. She stated they are requesting that the Board vote in favor of a large number of voting residents and not in favor of one builder. She urged that the Board unanimously deny this rezoning request. Mayor Bush questioned when she purchased her property on Pakis; and Ms. McCauley replied that in October, it will be eight years. Mr. Roy McLeod, 500 Pakis, 11-B, said he felt that after seeing this senior Oaks community develop, he and his wife believed it would be a good place to invest their life savings; and in May 2003, they purchased their property. He noted it is a quiet and safe neighborhood and asked if the developer would want this in his backyard. He stated they have a high, 25-foot rock wall within about six feet of his house; but it is not a stable wall. He pointed out when they start moving the land, it will land in their sunroom and questioned who would be responsible for that. He pointed out that it was denied 100 percent by the Planning Commission. As of the present time, they are almost exclusive from traffic because Pakis dead-ends past The Oaks and Southridge. Therefore, there is no thru traffic. He noted his unit is not one of the closer units as of now. As stated, he said they are just asking for a small area, so he feels that is it coming that they will ask for all of it; and he is within 30 feet of that property. He stressed that he believes there is a moral issue in this. He questioned if they have the same right to appeal as the developer did to the Board if the Board chooses not to pass it. Mr. Harold Keith, 500 Pakis, 14-B, said he has lived there since 2001, and it has been a quiet neighborhood. He added he was behind the fenced area on the east side, and there is a fence that runs down the wall; and they had some problems with water Board of Directors Meeting 11 February 4, 2008 at 7:00 P.M. washing in there. He reported that he smelled diesel fuel, and it could only be coming from one place. He commented he is sure that it goes into the lake; and several times when he has been over at the location, there is a smell of sewer. Mr. Tom O=Malley, 600 Pakis, Unit No. 6, president of the Southridge POA, stated their community is made up of 39 garden homes; and the average age of the residents is 75 years. He said the residents came to this community to spend their golden years; and many, if not all of them, have used their retirement assets investing in their homes. He pointed out anything that reduces that investment creates a serious situation for their future. For all of the reasons that have been stated for rezoning to be approved would be irrevocable damage to their community. Mr. Wayne Roberts, 515 Jerome, stated these residents have their heart and soul in their community and hopes that the Board listens to them. Mr. Bob Driggers, #3 Stonegate, pointed out there is a drainage and odor problem, as well as the potential of dust problems, noise and light pollution, which the Board needs to consider. He stated that the Board needs to seriously consider what is in the community=s best interest. He pointed out the Board has demonstrated on several occasions that it can overrule the Planning Commission. However, he urged the Board not to do so on this issue. He commented that he does not know the property owners of any of these properties, but it was zoned residential when the residents purchased it; and it is not necessary to build a seafood restaurant. Ms. Diane Silverman, 1404 Cedar Glades, said she cannot believe the Board would vote in favor of this developer and 6.55 acres at the detriment of hundreds of families. If the Board did approve this rezoning, she stated it would destroy their lifestyle and the financial value of their property. If that entire area goes commercial, she pointed out it is unknown what businesses will be there; and she does not think it makes much sense for the Board to approve this request, especially since it was voted down by the Planning Commission 7-0. She commented if the Board allows this rezoning, it will be an issue such as the Shady Grove, Hi-Lo area; and it is issues like this kind of rezoning where friends of the City Manager or friends of the Board or people with connections are favored over the many people who would be adversely affected by this rezoning. She said leadership is supposed to look after the people instead of one person who seems to have some favorite status that could actually convince the Planning Commission to change a 7-0 adverse to 7-0 in favor of without even the people knowing or being able to be prepared. She commented it is the same kind of issue that has caused the people to be so angry with the Board that they want to sign Board of Directors Meeting 12 February 4, 2008 at 7:00 P.M. petitions against the Directors. She reported that people have been calling her saying they want to sign the petition that Garland Good Government is gathering and asked where they could sign them. She announced that people may call 762-0106 or go to Phil=s Family Restaurant to sign a petition. She urged the Board to vote in favor of these residents who are trying to protect their property. Director Daniel said that her first comments were that she knew the Board was going to vote for this. Ms. Silverman responded that she said she cannot believe the Board would vote. Director Daniel said that she said Awill@ and Ms. Silverman said that Awould@ and Awill@ are the same thing. Director Daniel said that Awill@ means they are going to do it; Awould@ means the Board might do it; and Awould@ does not mean the Board is going to do it. Ms. Silverman stated she cannot believe the Board would even consider it. Director Daniel commented she will not know until the vote is taken. He stated the thing that bothers him that there is a Director some of these people called that said if it is Garrett, they are going to lose, which he considered unethical. Ms. Silverman commented that she does not understand his comment, and Director Daniel explained that the word has been spread that this Board is going to vote for this contractor (Garrett) regardless. He stressed that he does not appreciate being placed in that category. Ms. Silverman responded that she did not say that the Board Awould@ but said that she cannot believe that the Board would. Director Jones asked if anyone from District 2 called Ms. Silverman about the petition after the Garland Good Government held a press conference in front of the National Baptist Hotel. She mentioned that she received numerous phone calls and even a news reporter called her and questioned why they held the press conference in front of the National Baptist Hotel when there are numerous vacant lots in Hot Springs. Ms. Silverman replied where they held it had no connotation of any kind of racial issue because it makes no sense whatsoever. Mr. David Falcetti, 103 Marquette Place, said according to the requirements to change zoning, it sets out under Section 16-22-9, new zones must be in the interest of the public. He pointed out it is a catfish place and is not in the interest of individuals; and all traffic must go out on the streets, not just in the parking lot. He stated that is their dead-end private streets, and all of the traffic from the catfish place coming through there will not help their neighborhood. Section 16-2-11 says for the contractor to rezone it, this cannot just be in the interest of the owner to make a profit on it in the interest of the public. If it were a hospital or fire station, that would be in the interest of the public. He stated as far as attracting new business, if a catfish place is built on 6.5 Board of Directors Meeting 13 February 4, 2008 at 7:00 P.M. acres, there is no where else to attract any new business. He pointed out to the north and east of Cornerstone is not commercial. He said it benefits no one but Mr. Garrett and whoever owns the catfish place, and it adversely affects neighborhoods and is not in the interest of the public. Ms. Roxanne Garrett, 109 Summertime Terrace, representing Garrett Enterprises, stated what the site map does not show clearly is the 6.55 acres is an additional 34 acres and altogether that comprises Cornerstone Commercial Court. She mentioned their large building is back there which is a long way from the other development. She commented the commercial development that these citizens do not want is already there. She noted they have been there for about 11 years, and there are two office buildings, St. Joseph=s, and a manufacturing facility on the site. She stated they manufacture automated well-wash systems in that center. She noted for the people in a planned development, this rezoning borders very little on their land. The vertical strip that is 209 acres is the only parcel immediately adjacent. The rest of it is already in the County, and they are not asking to rezone it. She stated the people directly affected are in the Broadmoor Center, and that piece of property is not accessed by Broadmoor Shopping Center. She said there is about a 35-foot grade drop from the back of the piece of property that they are asking to be rezoned to the subdivision. Topographically and geographically, that strip is part of the commercial court. People who are coming to use anything on that property, whether it is Mel=s or anyone else, there is a road in front of it called Cornerstone Lane, which will be accessed through Cornerstone Shopping Center, not through their subdivision. She noted the traffic should not be a concern. She said she has heard them say there is a ten-foot buffer; and in looking on the map, that lot is 209 feet deep. On a rough scale, she stated 1/3 of it is either vegetation, rip-rap, or detention pond because when they came to the City, they were told they needed a 2-1 slope. Therefore, it will take about 85 feet to give them the buffer from their property line forward. In the planned development where they are right up against their wall, it has been there a long time. However, that is because the county line is against it; and they have not come to the County for it to be developed. She said if they ever develop that, they would have to give the same offset that they are giving to this piece of property. She mentioned that she has heard comments about odor control and sewer, but they are tied onto city sewer. She noted if there is a problem, they are not creating it. Regarding the smell of diesel, she stated they have fuel pumps and are licensed by the State, inspected regularly, and are not allowed to leak. She explained if a person wants to apply for a fuel pump, they have to go through a lot of rigors to get it and have to pay regular inspections. She stressed if there is diesel, it is not coming from them. She pointed out that people will get that smell when there is traffic either way, and this 6.55 acres could Board of Directors Meeting 14 February 4, 2008 at 7:00 P.M. not be made into residence if they wanted. She said if according to what they have to do, they are only going to have about the first 40 feet of it so they can build on and could make more money if they would back up to the property line and divide it into 14 lots that were there, and sell them for a reasonable price but is not doing it for that purpose. The most logical use of that is being part of the commercial court. When driving into the commercial court, that piece is clearly what was part of it. When they first applied to go through here, they went through the first 25 or 30 days before the City called them back and said it did not realize it was residential because it does not look it on the paperwork. They can make the argument when the City drew the end of the city boundaries, they straightened it out on a section line; and that piece of property is what fell between Broadmoor and the county line. She said that she believes what they are doing with the commercial court, they have done well. She stated she did not think this is going to be any more than a natural extension of a piece of property that is already there. Director Maruthur stated there is a rezoning request from an R-2, Suburban Residential, to C-2, General Business District; and there is a recommendation to overturn the decision that was made by the Planning Commission. She commented the Board was not provided with how the Planning Commission members voted. However, the Planning Commission did make a decision to vote Ano@ to try to protect the integrity of this neighborhood. Also, the Board did not receive the minutes of the Planning Commission meeting. She said she wanted the minutes which contained the input from the residents who have to live there. She pointed out in the Board Action Request Form, Section 16-2-11(c)(4) requires the applicant to demonstrate that the purpose of the amendment is not based exclusively upon a desire to increase the value or income potential of the property. She commented that she did not believe the residents present tonight are trying to increase the value of their property or their income potential. Also, under Section 16-2-29 of the Zoning Code, it says a consideration or determination cannot merely be made in the interest of an individual or small group. She noted also included in the Board packet was a petition consisting of seven pages of signatures. She stated residents who placed their faith and protection that they felt they would be getting from the City before they made one of the most important investments of their life was because of the protections they thought they were going to have; that purchase is of their home. She said from the papers the Board was given, it sounds like these people have to prove that they are a community; and according to Section 16-2-29 of the Zoning Code, it says the rezoning must also convincingly demonstrate that the character of the neighborhood will not be materially or adversely affected. She added she did not know how these residents can prove it except for how they feel. She mentioned if it would benefit them, they would be in favor Board of Directors Meeting 15 February 4, 2008 at 7:00 P.M. of it. She stated if a fish or seafood restaurant was there when they purchased their homes and anything else was being proposed on this site, there would be a different view of what is before the Board tonight. She pointed out she has seen many neighborhoods come before the Board and other Boards and plead for protection from what they consider to be undesirable development that would adversely affect their quality of life and investment. She referred to the residents just off Buena Vista, where Wal-Mart Supercenter is located, and the residents urged the Board to vote against it, but that was not the case. She also spoke of other issues on Park Avenue and Whittington, Knollwood Lodge Road, Lake Hamilton Drive, and Hi-Lo Terrace where the residents urged the Board to support them but did not. She said the Board needs to listen to the residents and to the Planning Commission and vote against the ordinance. She spoke of another occasion where a resident, who was affected by the Board, happened to be a County resident and was told perhaps if they were in the City, they would enjoy the protection of being in the City. She said she hopes the Board will vote against this, not against anyone or any individuals trying to develop the property, but as Mr. McLeod mentioned, this is a moral issue; and people have put their life investment in this, and their home is their biggest investment. She noted with the housing market being what it is, they want to protect that investment. Mr. Bud Ferguson, 500 Pakis, 7-A, stated that he is directing his comments to Director Daniel and believes that he should apologize to Ms. Silverman for the comments that he made whether she said Awill,@ Awould,@ or Ashould,@ because he degraded what she was trying to tell him. Also, if the Board votes to have this business built at this location, he would predict it will be closed in six months because it is a poor location, and another fish restaurant is not needed in the City. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Ano@: Directors Maruthur, Jones, Smith, Weatherford, Daniel, and Bush, total 6. Director Edwards was out of the Board Chambers and did not cast a vote; motion failed. Whereupon the ordinance was declared failed. City Attorney Brian Albright explained this was an appeal from the Planning Commission=s denial of the application for rezoning, and the Board has upheld that ruling of the Planning Commission; and the appeal has been denied. However, someone had made a comment about not being aware of the appeal that came to the Board of Directors. He advised that the applicant has the right to appeal this to Circuit Court. 16 Proposed Ordinance No. O-08-14 Board of Directors Meeting 16 February 4, 2008 at 7:00 P.M.  An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PROPERTY IN THE 800 BLOCK OF RECTOR STREET, LOTS 8, 82, 9, 11, AND 12 OF BLOCK E OF MOORE=S ADDITION FROM R-4, MEDIUM/HIGH DENSITY RESIDENTIAL, TO C-2, GENERAL BUSINESS DISTRICT, AND AMENDING THE FUTURE LAND USE MAP BY RECLASSIFYING CERTAIN REAL PROPERTY ON 800 BLOCK,@ was taken from the agenda for consideration. A motion was made by Director Maruthur, 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 Smith, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, stated this a request by three property owners (Glisson, Brasher, and Holland) to change the zoning on several lots on the odd side of Rector Street in the 800 block from R-4, Medium/High Density Residential, to C-2, General Business District. There are five separate lots, which are not all contiguous; and they are on the odd side of the street. She stated there are other lots between these lots that are not a part of this petition to the Board tonight; and should the Board approve this, those other lots will remain R-4, Residential. Lots 8 and 82 currently are unimproved vacant lots, which have been used over the years as an area for storage of equipment associated with Hot Springs Rental. Lot 9 currently has a residential unit on part of it that faces Rector Street, and there is a commercial structure on the rear that has been used as a gun repair facility. Lots 11 and 12 are vacant and have asphalt surface and have been used in the past in conjunction with Meredith Motors Automotive, which is no longer in business. The Planning Commission held a public hearing on January 10 and by a vote of 8-0 recommended that the Board adopt the ordinance approving the rezoning to C-2, General Business District, and also amend the Future Land Use Plan Map to designate the subject land Linear Commercial Corridor to be consistent with the proposed zoning. Director Smith commented that this rezoning blends in with the commercial on the C-2. 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 17 February 4, 2008 at 7:00 P.M. and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 17 Proposed Ordinance No. O-08-15 An ordinance entitled, AAN ORDINANCE AMENDING HOT SPRINGS ZONING CODE (ORDINANCE NO. 5158, AS AMENDED) BY ADDING TWO MEMBERS TO THE BOARD OF ZONING ADJUSTMENT; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Maruthur, 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 Daniel, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, advised this is a request based upon discussions between the Planning Commission and the Board of Directors over the past year regarding the desirability of expanding the Board of Zoning Adjustment membership to include two Planning Commission members; and those seats would be held concurrently with the Planning Commission seats. The Board of Zoning Adjustment now has five members, and the request to add two Planning Commissioners to that Board would provide an opportunity for additional perspective on the intent of the zoning regulations and to consider the impacts when evaluating requests to deviate from those standards. The amendment promotes the public health, safety and public welfare; and the Planning Commission held a meeting on December 13, 2007, and provided an opportunity to hear testimony. It voted 7-0 to recommend that the Board adopt an ordinance amending the Code by revising the regulations to add the two additional members to the BZA. Mayor Bush questioned who decides which two Planning Commission members will serve on the Board of Zoning Adjustment; and City Attorney Brian Albright advised that the way the ordinance has been drafted, it would be to the discretion of the Planning Commission to nominate the two members. The Board of Directors would then ratify those appointments. Board of Directors Meeting 18 February 4, 2008 at 7:00 P.M.  Director Jones said if she wanted to nominate someone from District 2, she could not, and they would have to come off the Planning Commission. Ms. Sellman replied that is correct for these two additional seats. Director Maruthur stated since the Board of Zoning Adjustment is the last recourse people have before going to Court, she questioned who decided that the members should be nominated from the Planning Commission. Ms. Sellman explained that the Planning Commission=s charge is to uphold and enforce what the Comprehensive Plan, the Zoning Code, and the regulations, other than zoning, that implement the Comprehensive Plan. She said there is a concern on part of the Planning Commission that it is important to have on the Board of Zoning Adjustment members who are very familiar with what the requirements of the Code are, why they are in place, and what the impact would be when those regulations are varied. Director Jones said that she does not agree with that. Director Maruthur commented that the Board votes on the members of the Planning Commission, and the Board answers to the voters. She stated this is the last defense people have before going to court, which is her concern. She said she is in favor of adding people, but she has a little concern since this is the last recourse people have. Director Weatherford said he believes she misinterprets that, and it is not their last before they go to court. He added they go to the Board of Zoning Adjustment to change something from the Planning Commission, and the court is the only one that can hear them and change whatever they say. Director Maruthur said that is in essence what she was saying. Director Jones asked why they would have to come off the Planning Commission, and City Manager Kent Myers said that is what is being proposed; but that is the Board=s decision. Mr. Gary Threadgill, 111 Mason, said in the Arkansas Municipal League Handbook it states that the Board of Zoning Adjustment will be made of the Planning Commission or part of. He pointed out the Planning Commission deals with all of the City=s ordinances when they are doing rezoning. He noted the Board of Zoning Adjustment has no contact with what the City=s ordinances are. He stated when it comes times to give a variance, there is supposed to be set standards, hardships, terrain, etc. In the past, a lot of it has been approved when it is not a hardship; and Board of Directors Meeting 19 February 4, 2008 at 7:00 P.M. there is really no reason to approve it other than just the developer did not want to put sidewalks in. He pointed out this has stirred up a lot of issues when they get comments back from the developers why certain ones got it, and they have to do it. Since the Municipal League Handbook stated that the Board of Zoning Adjustment could be the Planning Commission or part of, he made the request from the Planning Commission that it set two members of the Planning Commission on the Board of Zoning Adjustment just for information saying the Code says there is not supposed to be a variance for this unless it is a hardship or a real concern. Director Maruthur stated she misunderstood and asked if he is asking for two sitting members who are on the Planning Commission to also sit on the Board of Zoning Adjustment, and Mr. Threadgill said that he was. Director Maruthur said what she heard was that the nominees would come from the Planning Commission. Mr. Threadgill said he had no objection if the Board selects them. He added that he understands the two County members serving on the Planning Commission cannot hold a seat, and they have to be city residents, leaving an option of seven out of the acting commission from which the Board can appoint. Director Jones asked if the Planning Commission is making the selection, and Mayor Bush advised that they nominate the two from the Planning Commission; and the Board approves them. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur and Edwards, total 2. Voting Ano@: Directors Jones, Smith, Weatherford, Daniel, and Bush, total 5; motion failed. Whereupon the ordinance was declared failed. 18 Proposed Ordinance No. O-08-16 An ordinance entitled, AAN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PURCHASE OF A 30-FOOT, LOW-FLOOR HEAVY-DUTY TRANSIT BUS FROM GILLIG CORPORATION BY MEANS OF AN OPTION ASSIGNMENT FROM NASHVILLE METROPOLITAN TRANSIT AUTHORITY; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Maruthur, 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?@ Board of Directors Meeting 20 February 4, 2008 at 7:00 P.M. and upon motion of Director Smith, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Mr. Bob Reddish, Intracity Resident Advisor, explained Intracity Transit has a 14-year old bus with over 350,000 miles, which is ready to be replaced. He stated because the replacement process is so intense, the Federal Transit Authority encourages smaller operations to Apiggyback@ with another transit system that has gone out successfully for bid. He advised that he has done the cost comparisons and found a Metropolitan Transit Authority in Nashville willing to let Intracity Transit use one of their options to purchase a Gillig bus. He noted Gillig bus is the preferred bus. He explained by using the Apiggyback@ method, it saves a lot of work and a considerable amount of money and probably saves four to five months in actually getting the vehicle, which is the reason to waive the competitive bid process. He added this is included in the 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. 19 Proposed Ordinance No. O-08-17 An ordinance entitled, AAN ORDINANCE SETTING THE DATE OF REGULAR MEETINGS OF THE BOARD OF DIRECTORS OF THE CITY OF HOT SPRINGS, ARKANSAS; REPEALING ORDINANCE NO. 5141; AND FOR OTHER PURPOSES,@ 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 Edwards, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Director Jones said that she now has a conflict on a Tuesday, which she had planned to do last year but is going to start this year. She pointed out she was reminded of this commitment after the last Board Meeting. Board of Directors Meeting 21 February 4, 2008 at 7:00 P.M.  Mayor Bush asked if she would consider moving it out a few months should the Board approve the ordinance. Director Edwards stated the Board can change the schedule to accommodate Director Jones anyway it wishes. Director Daniel recommended leaving it as it is for a few months. Director Smith said he does not know how much notification has been given to the public about changing it. Director Maruthur pointed out that the Board receives its packets late on Thursday; and when the Directors try to contact businesses, people, or do any type of research, it is difficult to do and then come up with what would be the best consideration on Monday. She stated the results sometimes are not very productive. She noted the reason this was recommended is to better serve the City. She commented that the meetings could be changed beginning in June, but she believes it is important that the Board do the best it can to serve the citizens and to get the answer to the many questions. She asked if Director Jones had any objection to begin the change in June, and Director Jones said she had no objection. Mayor Bush suggested changing it to July, and Director Maruthur said she had no objection. A motion was made by Director Maruthur, duly seconded by Director Edwards, to amend the ordinance to begin meeting on the first and third Tuesdays in July 2008 to better serve the public; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Edwards, Daniel, and Bush, total 5. Voting Ano@: Directors Smith and Weatherford, total 2; motion carried. Mayor Bush then called for a vote on the motion to adopt the ordinance, as amended; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Edwards, Daniel, and Bush, total 5. Voting Ano@: Directors Smith and Weatherford, total 2; motion carried. Whereupon the ordinance was declared passed, as amended. 21 Proposed Resolution No. R-08-30 A resolution entitled, AA RESOLUTION ESTABLISHING A POLICY REGARDING APPOINTMENTS TO CERTAIN BOARDS, COMMISSIONS AND COMMITTEES; AND REPEALING RESOLUTION NOS. 4647 AND 6568,@ was taken from the agenda and read by title only. Board of Directors Meeting 22 February 4, 2008 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, Director Maruthur said she presented this resolution because people volunteer for different boards, commissions, and committees; and the Board has made them district sensitive which means that the City will only accept volunteers in certain districts. Once that slot has been filled, the Board will not take someone from another district. She pointed out there has been a lack of applicants. She noted that tonight the Board appointed Mr. John Martineau to the Parks and Recreation Advisory Committee, and he was the only applicant and has been very tenacious in his appearance at the Board Meetings. However, there are certain commissions that do not have enough people to volunteer. This resolution would open it up except for the Planning Commission, which should remain district sensitive because the Directors want people from their district and the Board of Zoning Adjustment. However, the Board would accept applications from any district for the Animal Control Advisory Committee, Airport Advisory Committee, Parks and Recreation Advisory Committee, and the Civil Service Commission. She pointed out that the City cannot fill all of the positions; but for other commissions, there is an overflow of people who want to serve. She said she believes it would be good for the community and is the way it used to be. Director Jones pointed out that she could put people on a commission just from District 2, which is not fair. Director Smith stated that the Board just enacted this district residency requirement within the last year or two, and he believes the Board should give it some time to work. He said he did not know about where an overflow comes from. Director Maruthur explained there is an overflow of applicants for the Planning Commission and Civil Service Commission. She pointed out these would not be affected; therefore, there would be a checks and balances in these commissions that really affect the public as far as public safety and zoning protection. She pointed out that tonight, there was not a ballot and only one applicant for the Parks and Recreation Advisory Committee. She commented there are people who want to serve, and where they live should not be an issue when it comes to something that really is not district sensitive. She mentioned there was a wonderful Planning Commission, but someone noticed that there were two or three members from District 6; and they had the time and energy to serve on this commission. She said she did not have a problem with it, and they were making very good decisions that were protecting all of the districts. She pointed out that at the present time, there are vacancies on the other commissions, but Board of Directors Meeting 23 February 4, 2008 at 7:00 P.M. people are not applying. She said if Director Jones or the other Directors want to get their applicants to apply, she does not have a problem with it. Director Jones suggested leaving it like it is, and Director Maruthur pointed out that the Board did not before; and now there is a problem. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Director Maruthur. Voting Ano@: Directors Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 6; motion failed. Whereupon the resolution was declared failed. 22 Consider Revised Board of Directors Meeting Schedule (February thru June 2008). City Manager Kent Myers pointed out that the revised Board of Directors Meeting Schedule (Schedule B) includes moving the meetings from Monday, February 18, to Tuesday, February 19, for Presidents= Day; Monday, March 17, to Tuesday, March 18 (St. Patrick=s Day); and a Board Work Session with the Planning Commission on Thursday, February 28, at 5 p. m. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the revised Board of Director Meeting Schedule for February thru June 2008 ( Schedule B) be approved; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Weatherford, Edwards, Daniel, and Bush, total 6. Director Smith was out of the Board Chambers and did not cast a vote; motion carried. OTHER BUSINESS 23 Board of Directors Items Director Jones announced this is Black History Month; and on Saturday night, P.H.O.E.B.E. presented the program. The Arkansas School for Mathematics, Sciences, and The Arts had a step team, and that group was the first ones they stepped to. She stated they had a good speaker and commended Ms. Cheryl Batts and her board of directors and committee members. Also, Ms. Minnie Lenox marched her in. Board of Directors Meeting 24 February 4, 2008 at 7:00 P.M. She mentioned that Ms. Batts is the founder, and her mother came up with the idea to recognize all of the older blacks in the neighborhood, on Malvern Avenue, and in the Pleasant Street District. Director Maruthur announced there will be a Park Avenue Community Association meeting on Tuesday, February 12, at the Tower of Strength Ministries, 315 Park Avenue, at 7 p.m., and encouraged everyone to come. Director Daniel stated that it was never his intent to embarrass Ms. Diane Silverman earlier in the meeting or the Board, and he apologized if he did. He added that he likes for things to be correct if they are thinking about the way he is going to vote, and sometimes he does not know how he will vote. Director Maruthur suggested checking the grammar on Awill@ and Awould@ and find out what the correct sentence should have been. Director Daniel said that it makes no difference now because it is already done. Director Edwards commended Sergeant Johnnie Mann for his work at the race track and in other areas of the City. 24 City Manager=s Report City Manager Kent Myers gave the following report: 1. He recognized Finance Director Dorethea Yates, and today the City received notification from the Government Finance Officers= Association that the City had been awarded the Certificate for Comprehensive Annual Financial Report. Hot Springs is just one of a few communities in Arkansas that receives this award on an annual basis, and it is a tribute to Finance Director Dorethea Yates and her staff for their work throughout the year in developing the Annual Financial Report. There will be a presentation on that award at a later date. 2. He recognized Planning and Development Director Kathy Sellman, who was in the newspaper last week for a presentation she made to the local Lion=s Club. 3. The sick leave of the City employees is tracked on an annual basis; and during 2007, 141 employees took zero sick leave; 70 employees only took one sick day. The total is about 1/3 of the City=s workforce, which is a remarkable accomplishment. Board of Directors Meeting 25 February 4, 2008 at 7:00 P.M.  4. On the Consent Agenda, the Board approved the acquisition of ten new police cars. Of these, eight will be patrol units. This year, the Police Department is converting to black and white units for all of the patrol vehicles. This has been used by other communities around the country and has shown some positive results because it increases the visibility of the police units. The Board approved filing a grant application for the safe routes to school program. This is a program funded through the Arkansas State Highway and Transportation Department and allows the City to improve areas around local schools to create more safety for pedestrians and bicycles in those school areas. There is not a guarantee of this award, but the City is still applying and believes it has a competitive grant of $125,000. It requires no local match; and if it is approved, the City will be able to improve some streets by Oaklawn School, the sidewalks, and bike paths in that area going along Third Street from Oaklawn to Crestwood. The Board approved the allocation of $30,000 to the Drug Task Force, which came through the budget process. The Board has never funded directly the local Drug Task Force; therefore, this is a notable accomplishment and first time in the history of this Board that it has provided funding to this worthwhile organization. 5. The State of the City Report was prerecorded and was shown before the Board Meeting. He recognized the Board of Directors, various advisory committees, and city employees for their contributions to the accomplishments included in that report. That report will be shown throughout the week and is also available on the City=s website, in printed form, and video form. One item he noted in the report and asked that the Board share this information is the fact that the City=s uniform crime report information was finished by Police Chief Bobby Southard and his staff about two weeks ago. It tracks the decrease in the City=s crime rate, and this is the Uniform National Crime Reports that are used throughout the country. The City received criticism last year about its crime statistics, and he asked that the Board share this information with anyone they come in contact with. He has already sent the information to the Chamber of Commerce, the Advertising and Promotion Commission, and the Board of Realtors. The City=s crime rate was down over 16 percent last year, and crimes in all categories were down. The City needs to counter some of the negative message that was generated last year. This is a remarkable accomplishment by the Police Department, and Chief Southard is to be congratulated, as well as all members of the Police Department. 6. There will be a dedication of the new wastewater treatment plant on Friday, February 8, at 9 a.m. It has been under construction for the last two years and is a state-of-the art plant that will serve a large area of the County that is rapidly growing Board of Directors Meeting 26 February 4, 2008 at 7:00 P.M. and will also provide some relief to the City residents because it will decrease the flow to some of the main pump stations. Director Maruthur pointed out that tomorrow is Super Tuesday and urged citizens to vote. In regard to Item No. 12 on the Consent Agenda, the Arkansas Safe Routes to School Program, she mentioned that the City placed an application; but she wanted the public to understand the specific criteria. She added if the City is awarded this grant, it will install sidewalks, curbs, and will be ADA accessible. However, there is a very specific criteria; and only this one area really qualified for it. City Manager Kent Myers explained that the criteria is that it has to be adjacent to a public school and has to be an area that has been subject to numerous problems, as far as kids walking and riding bicycles to and from school. He said the City worked with Oaklawn School last year but did not submit the application. However, this year the school came forward and offered support; but it can actually be anywhere in a public school area within the City. Director Maruthur said her understanding was that it had to have a certain percentage of children that actually walked to school from the neighborhood. City Manager Kent Myers said that is not necessarily the case, and there has to be a certain number of children within two miles of the site that go to school there, which covers almost the whole school district. He noted the criteria is pretty loose in that regard. He mentioned there is some accident data and other reports that pinpointed the need for Oaklawn versus any other location. Director Maruthur said she would like to review that with him because her understanding was that many of these schools are charter schools and magnet schools; and because they are, some of the local residents did not meet that criteria; and they were going somewhere else. City Manager Kent Myers pointed out that all of the Hot Springs schools are magnet schools; therefore, it would not make any difference. He mentioned that Oaklawn is a magnet school, and the City contacted Ms. Joyce Craft, superintendent, who also recommended Oaklawn School. Mayor Bush commented that the State of the City Report reflects another very good year for the community. 25 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:10 p.m., to meet again on Tuesday, February 19, 2008, at 7:00 p.m. Board of Directors Meeting 27 February 4, 2008 at 7:00 P.M. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 28 February 4, 2008 at 7:00 P.M.