Board of Directors

MINUTES BOARD OF DIRECTORS MEETING APRIL 21, 2008, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, April 21, 2008, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Dusty Diggs, 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 April 7, 2008 Board Meeting A motion was made by Director Edwards, duly seconded by Director Maruthur, that the minutes of the April 7, 2008 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Ms. Terry Payne, Public Information Director, introduced Mr. Bill Solleder, Sister City Program Coordinator, who will soon be available upon request for presentations to area clubs and organizations.  Mr. Bill Solleder said he offers an international business background and a unique creative energy to move the program into its 15th anniversary year. He stated the Sister City Foundation has awarded scholarships to three teachers from the Hot Springs area to visit Japan in June. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (April 9, 2008). 6 Proposed Resolution No. R-08-82 Approving Certain Bid Awards (a) Water Meters - Utilities Department [annual supply contract awarded to Consolidated Pipe]; and (b) Brass Fittings - Utilities Department [annual supply contract awarded to HD Supply]. 7 Proposed Resolution No. R–08-83 Appointing Ed Berkun and Phillip Jones to the Airport Advisory Committee. 8 Proposed Resolution No. R-08-84 Creating an Urban Forestry Advisory Committee. 9 Proposed Resolution No. R-08-85 Awarding a Contract to Carter and Burgess, Inc. for Certain Engineering Services (Ouachita Water Treatment Plant Sludge Improvements). 10 Proposed Resolution No. R-08-86 Awarding a Contract to Garver Engineers, Inc. for Certain Engineering Services (Wastewater Treatment Plant Improvements on Davidson Drive). 11 Proposed Resolution No. R-08-87 Accepting a Donation of Certain Real Property for the Hot Springs Creek Greenway Project from Billy E. Sanders Family Trust; Expressing Appreciation for Said Donation; and Approving a Memorandum of Agreement Relative to the Donation. 12 Proposed Resolution No. R-08-88 Authorizing the Filing of a Grant Application with the Arkansas State Highway and Transportation Department for Construction of the Valley Street Creekwalk, Phase II. Board of Directors Meeting 2 April 21, 2008, at 7:00 P. M. 13 Proposed Resolution No. R-08-89 Accepting a Grant from the State of Arkansas’ General Improvement Fund for Tennis Court Repairs at Family Park. 14 Proposed Resolution No. R-08-90 Fixing a Time and Date for a Hearing on a Request to Vacate, Abandon and Close a Portion of an Unnamed Alley in Cains Subdivision of Block 52 of the Hot Springs Reservation, Garland County, Arkansas. 15 Proposed Resolution No. R-08-91 Waiving Construction Permit Fees for the Hot Springs Housing Authority. A motion was made by Director Daniel, duly seconded by Director , that the Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. UNFINISHED BUSINESS 16 Proposed Resolution No. R-08-81 Approving a Multiple Building Site Plan for the U Store It Self-Storage Facility Located at 566 Files Road. (Appeal) (Tabled April 7, 2008) City Attorney Brian Albright advised this is an appeal of a site plan development that had a condition, which has been met; therefore, the appeal is now moot. He stated the parties were represented by Attorney Brian Reis, who has requested that this be removed from the agenda. A motion was made by Director Smith, duly seconded by Director Maruthur, that Proposed Resolution No. R-08-81 be removed from the agenda. Upon discussion, Director Maruthur said it was her understanding the condition that was met is they did a lot split. Mayor Bush then called for a vote on the motion to remove the item from the agenda; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. NEW BUSINESS 17 Proposed Resolution No. R-08-92 Board of Directors Meeting 3 April 21, 2008, at 7:00 P. M.  A resolution entitled, “A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH CLEARRESULT CONSULTING, INC. TO PARTICIPATE IN THE ENTERGY CITY SMART PROGRAM,” was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Daniel, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers stated at a recent work session, the Board heard a detailed presentation on this program provided by Entergy, as well as the consultant. He said this is a program they are offering throughout Arkansas to local communities and school districts in the interest of energy conservation, and there is no charge to the City for participation in the program. He added there is a financial benefit the City could incur in terms of savings on the monthly Entergy bill, but there is also some possible incentives the City could qualify for if it installs energy savings equipment. Also, if it is documented that the City reduces its energy usage, then it will qualify for some rebates from Entergy. Mayor Bush recognized Mr. Bob Driggers, who commended the Board for considering this action and urged the Board to go forward with adopting this plan with Entergy. He added it appears what they are doing is excellent, but he would recommend that the City follow up later with the methodology, accuracy, and alternatives program that he offered. He also encouraged the Board to consider taking advantage of a similar program for the water study, pointing out that the American Waterworks Association offers an audit free of charge except for the expenses of the people involved. Director Maruthur asked that they explain how much this is going to cost the City, and Mr. Jeremy Townsend, engineer with CLEAResult Consulting, advised there will not be any cost to the City. Director Maruthur questioned whom this will benefit, and Mr. Townsend advised that it will benefit everyone who pays taxes in the City, as well as everyone who lives in the County as far as conservation is concerned. Director Maruthur asked if they are going to do an assessment to help the City use less energy, and Mr. Townsend advised that he works in consulting. Therefore, he does not work directly for Entergy although contracts with Entergy of Arkansas. He noted they are going to help the City reduce its energy usage and also incentivize the City if it does reduce its demand kw usage. Board of Directors Meeting 4 April 21, 2008, at 7:00 P. M.  Director Maruthur pointed out that Entergy is going to help the City reduce its energy use. Mayor Bush said he heard they are doing that because of a PSC requirement, and Mr. Mark Hunt, with Entergy, advised they are trying to reduce their peak load because on certain days, they have to buy electricity on the wholesale market. If they can keep from building another electricity generating plant, it will save all the consumers money; therefore, this is why they are initiating programs such as this in cooperation with the Arkansas Public Service Commission. He stated a new Entergy generation plant costs $250 million to $500 million, which is a cost they do not want to pass onto the customers. He stated, ultimately, this could save Entergy some money also; but it will certainly benefit the City. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 18 Proposed Ordinance No. O-08-30 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PURCHASE OF CERTAIN REAL PROPERTY (308 CHURCH STREET) BY THE ADVERTISING AND PROMOTION COMMISSION; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Daniel, 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 “Shall 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 “aye”: 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-08-31 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE CODERED® EMERGENCY NOTIFICATION SYSTEM; AND FOR OTHER PURPOSES,” 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 Board of Directors Meeting 5 April 21, 2008, at 7:00 P. M. motion carried, with Director Maruthur voting “no.” The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Weatherford, duly seconded by Director Smith, that the ordinance be passed as read. Upon discussion, Public Works Director Steve Mallett explained this is a proposal to enter into an agreement with Emergency Communications Network, Inc. for CodeRED services. He advised this company, through CodeRED services, will provide the City the ability to notify a predetermined calling area which currently is all people who reside within the city limits and anyone outside the city limits who has water and sewer service with the City. He said they are able to notify those recipients of any matter of public concern or emergency. He added there is no up-front cost, and the cost of the program is $15,000 per year for the notification service. For an additional $7,500 a year, the City was able to get the Weather Warning Service Addendum, which relates all weather warnings prompted by the National Weather Service to the entire calling area for up to two phones per household. He said this is a service that will be utilized by many departments in the City, and those costs will be allocated among those departments. Two public meetings have been held with Mr. Denny McPhate, Public Works Operations Manager, who attended, as well as representatives from CodeRED Services, who did a call in both of those meetings. He said it is staff’s recommendation to approve the agreement with Emergency Communications Network. Mayor Bush questioned waiving the requirement of competitive bidding for this particular system, and Public Works Director Steve Mallett advised that as far as providing this exact service for $15,000 in that large of an area, staff found that they are over and above anyone else who provides the same service. He added there are not many people who provide that service along with the weather warning in addition to that. Ms. Diane Silverman stated research has been done by the Garland Good Government Group as a public service to provide access to information so the public can be aware of the depth of this matter. She stated since the CodeRED is not an issue on which the public gets to vote, she asked if the City employees have fully researched the whole CodeRED matter and what their answers would be to the following questions that Garland Good Government Group’s research revealed: “(1) are you aware that the principals of the Emergency Communication Network (ECN) are the same people who owned and ran the broadcast team, which was a telemarketing company that was sued for civil penalties and have a permanent injunction by the U. S. Department of Justice for violating telemarketing sales rules? If you contract with ECN, is there the possibility of a lawsuit forgiving them, a telemarketing company basically access to local phone numbers? Is that legal? I have been led to believe that the privacy rule makes it not legal for A public utility to reveal its database to a private company; (2) I don’t know how you know that ECN is really the best company or service to provide because we don’t know what else you considered, but there are some things I think should be considered. You must be aware that ECN only charged the City of Lancaster, New York, $10,000 Board of Directors Meeting 6 April 21, 2008, at 7:00 P. M. for two years for a license to use the ECN software. I don’t know how it started that they were asking Hot Springs for $140,000 for the software, plus $40,000 a year for 50,000 minutes of call time and then the $40,000 seems to have gone to $25,000 down to something else. I don’t know how you explain that. The newspaper reported that ECN can make 60,000 calls per hour and that the deal Hot Springs is considering would be for 50,000 minutes of call time per year with overages billed $.30 a minute. Has anyone researched how much the overage would cost at $.30 a minute? Hot Springs has about 15,000 homes. How many calls per home would it take to reach the allotment of 50,000 minutes? I assume a call to a home is billed as a full minute even if it is not a full minute, that is usually how it goes. If the Emergency Network System can make 60,000 calls an hour, that means that 15,000 homes can be reached in 15 minutes. So who monitors how many calls are made for storms? How long the calls last? How many calls per year, per house will use up the allotted time and put us into overtime at an overtime cost of $.30 per minute? Who will be in control of the time and what calls are made for? Don’t you think the Police or Fire should be in charge of the system and that it should be countywide? Is there any reason the City and County can’t get together on this matter? A local internet provider has stated that a server can set up at almost no cost and provide a national weather service or a NOAA report via cell phone, internet and land line. Someone from the City could check with Direclynx, for example, on the cost and the process. Do we know if the volume of calls during an ECN process would clog the phone lines? This basically is an internet- based system. What happens if the internet goes down? This company, ECN, is based in Ormond Beach, Florida, which is hurricane alley. What if it gets damaged? What will you do? There has been news that the federal government is setting up a nationwide emergency alert network. Has that been researched? Channel 7 has a free service that anyone can register for. If you call Channel 7 with your information, they will put it in their database and their automated system will warn you with weather alerts wherever there is one. NOAA has the best and most accurate up-to-date notifications on their tv and radio stations, and it costs nothing. The best thing is a battery-operated radio tuned to NOAA because most of the time electricity and phone service around here is out during bad weather. There is also the option of people purchasing a battery-operated weather radio that sounds an alarm anytime night or day when bad weather is approaching. I don’t know if anyone has done time trials to determine the length of time between the National Weather Service delivering an emergency warning and the time it gets to a home phone. In case of tornadoes or flash floods, a few minutes can be too long to get to safety. It appears this matter should be tabled until these questions are answered and researched.” City Manager Kent Myers advised those questions were asked at recent public meeting, and the $140,000 was a number that was confused with the siren system. He added that amount (the cost for a citywide siren system) was discussed last year when the budget was compiled, and that number comes into play with the CodeRED. He stressed the CodeRED cost number has always been what they originally proposed and is based upon the number of people living in this service area. He advised the $140,000 was clarified at a recent public hearing. He stated the CodeRED Board of Directors Meeting 7 April 21, 2008, at 7:00 P. M. system is just one of several systems the City is proposing to provide an integrated system in the City, and the NOAA radios are part of that system. He said the recent flood system that the City approved through the USGS is part of that system, and staff is hoping to bring at least part of the siren system back to the Board at a later date. He stated all of those are important elements of an integrated warning system, and CodeRED is not the answer to everything. He commented that staff believes it will cover about 90 percent of the people within the area in emergency situations, but it will not ever provide 100 percent coverage. He noted that people change phone numbers, and all of the mobile phones are not necessarily entered into the database. He stressed if the Board is thinking this is an answer to all of the City’s emergency warning system, that is not the case and will require an integrated system that includes weather radios, which the staff supports. He advised that the Police and Fire Departments have been involved since the beginning and support the system. He advised that the City asked the County to participate in the system, and the OES Director recommends they participate; however, they cannot find any financial resources at this time. He added they were quoted a cost to cover the entire county, but they elected not to participate at this time. However, if citizens are in the water and wastewater service area, the City will send out boil notices and other water and wastewater notices that all of the City’s water and wastewater service area will be part of the system. He added a good portion of the County will be covered. Public Works Director Steve Mallett noted that Channel 7 is not a free service, and it is a $6 per household or per number service. For 30,000 people, this would amount to $180,000 if they get that service, and that is just a portion of what the City is getting here; also, that is just a weather portion. He mentioned this system allows it to only call those people in a polygon who are in imminent danger from a storm and does not call every time there is a statewide flood watch, etc. However, if anybody is in a warning in that polygon area, it will call them. He said there is a redundancy as far as computers, and they have their computers set up in several different cities across the country. He noted the City is not confiding itself to one database. As far as the internet going down, he said he has never heard of that and did not know how the internet could be completely shut down. He advised there is also a telephone backup number the City can call in case the internet goes down. If the internet goes down, the telephone lines go down, and everything goes down, he stated he did not know if anything would work and assumes everything will not go down at once. As far as the company’s background, he commented he did not know the principals and what they were involved in previously. He advised that he knows the track record of the company since the late 1990's, and it has been solid. He reported all of the information the City has received from other cities has been solid; therefore, the City did not have any reason to look further to know that they have done a good job. He pointed out they are also the backbone that is used for the Missing Child Network, and other major call centers use this type of system for the backbone of their issues. He stated in dealing with emergency issues, they are not going to do anything and the City is not going to do anything that would compromise or break any laws. As far as clogging the phone lines, he said there are much larger cities with many more minutes than what the City has. Board of Directors Meeting 8 April 21, 2008, at 7:00 P. M. He advised that the City is also able to buy additional minutes. He reported staff had a long discussion with them about the number of minutes, and mentioned how cities larger than Hot Springs have yet to use their minutes. If so, they let them know beforehand so they can acquire additional minutes. He said they discussed the Utilities Department, Sanitation Department, or whichever department may require additional minutes; and that department would pay the bill for that. He pointed out it is a yearly contract, and the City can get out of it if it sees for whatever reason it does not work within a year. Mayor Bush questioned the effective date, and Mr. Mallett advised that it is about 60 days from now and will rely on some of the people calling and giving a second number. As far as who is going to be in control, he said everyone has access to the system, either through the internet or the phone. He added there is no server here that has that information on it. He said the City can prerecord messages, and anybody can call up and get that information and get that call started. He stressed no one has control of the system here locally, and it is accessed by anyone, at anytime from any place, either through a phone or a computer. City Manager Kent Myers stated regarding the overage factor, each call is not a minute charged to the system. Public Works Director Steve Mallett added they do charge one single minute for setting up the call and then on six-second increments past that. He said mostly likely with boil orders and construction if a street is closed, it is just going to be a small affected area. He stated none of the weather warning minutes count against the minutes, and the 50,000 bank of minutes covers only messages that the City puts out. He noted the City can put out specific instructions as to what the emergency is and what they might do regarding that emergency. Director Maruthur asked what other providers did he consider, and Mr. Denny McPhate, Public Works Operation Manager, advised there were two other companies. Director Maruthur pointed out that on the front page of their literature, it mentions tsunamis, dangerous water conditions, avalanches, and manmade disasters. She said that she understands what an integrated system is, but they are claiming to be able to do everything. Director Smith stated the company gave a very comprehensive presentation and live demonstration and answered all of the questions posed to them. He stressed there is no additional cost and is for citizens receiving municipal services. He pointed out this is not a city versus county. He noted if people are in the County and receive city services, they get this system. Director Maruthur then read a prepared statement stating that the No. 1 charge as City Directors is to protect the public, and the following statement is her personal opinion: “This telephone system is dependent on communications, and there is no such thing as a small disaster. When you’re at home and experience a flood, fire, a power outage, it is your life, if it is your home. Board of Directors Meeting 9 April 21, 2008, at 7:00 P. M. Disasters don’t always happen to other people. It could be one of you. This City has experienced fires on West Mountain, which is an urban interface. That means that the forest is adjacent to our residential property. I did hear this is not a fix-all; but this, in my personal opinion, is a problem. This is going to provide the community with a false-sense of security, and there is nothing worse than that. We have a flight pattern to our airport. Some individuals, due to weather conditions and/or health, have missed the airport and landed into our mountain. This has caused fires on occasion, and there have been deaths. We have just experienced a flood, and we will continue to experience flooding not only on our floodplains; but as we realized on April 3, right after midnight, water came up from the creek; and when it rose up, it resembled a river. The Governor declared our city a disaster. Rockslides - the heart of our city is carved out between two mountains. This excavation was performed in the late 1800's, and we have to deal with that. City Manager Kent Myers was present when this happened. We had a terrible rockslide. One resulted in an entire parking lot covered with boulders. It is now a garden. The parking lot is not visible. The other rockslide resulted in the death of an individual who was working in a store. We cannot afford the rockslide mitigation. FEMA will only come in after-the-fact. Ice storms - this is all about communications. On December 25, 2000, we experienced an ice storm that paralyzed us. Cell towers, our communication system, they were down. 18-wheelers were blocking our windows to our grocery stores. We could not get groceries, and groceries could not be delivered to the stores because nobody could get in or out of Hot Springs. Fuel was not available. We could not get trucks to come here and refuel, and we were rationed. In fact, when I had to go and take my oath of office, I had to carpool because I did not have gas in my car. Water and electric were out; and in some cases, they were out for one week like mine; and we had to go to a hotel. I went to one of the prominent hotels here, and the only thing that was available was heat. There was no food, and we could not use the ladies’ room because there was no water. That is what you call a real disaster. Communications is very important. We also have an interstate in close residential proximity, which triggers our hazmat risk. We have excellent responders, but they can only do so much. They depend on No. 1 - communications. We have the most functional LEPC (Local Emergency Planning Committee), but our firefighters and emergency responders depend on us to do the right thing. About tornadoes, since the topography, that is the lay of the land, has been modified or changed extremely, we have more warnings, which means conditions are conducive for a tornado. When they are sighted, then it is a watch. Cities around the State of Arkansas are beginning to take a very proactive position. We seem to come in after-the-fact, and we react. We have taken a lot of proactive steps in a lot of areas, and I think the Board is going in the right direction; but this is just a telephone call; and it is dependent on getting through. You could be driving down the street, and you don’t have your cell phone on; or your cell phone battery is out; and your power is out; or your telephone is not working; or it could be a tourist. We have a responsibility to alert everyone, whether they are city or county, that there is a problem. I have done a little research into what has been proposed. This telephone system could serve to identify car accidents or pinpoint traffic problems, and it is a useful tool. It is not obsolete; but to call it an early warning system, in my personal opinion, is Board of Directors Meeting 10 April 21, 2008, at 7:00 P. M. ridiculous. This company provides a little band-aid for what we could be facing, and we will call it major surgery. I don’t want to depend on this system. On January 24, CodeRED provided us with a presentation that took place in the Board Chambers, and I was here. First, the presenter wanted to demonstrate how the emergency system works. She began the process to notify Kent, our City Manager, and Lance, our Deputy City Manager. It took her 16½ minutes to complete this emergency response notification. She did something, and then it took 16½ minutes for the telephone to ring. Next, she demonstrated another emergency response for our Utilities Director, Mr. Steve Mallett, and Mr. Denny McPhate, who is our Public Works Operations Manager. This time it took CodeRED 12 minutes and 48 seconds to reach Steve and Denny. I was timing them. I have one quick question to ask the CodeRED representative.” Public Works Director Steve Mallett advised they were not present. Director Maruthur continued, “I just wanted to know what they did before they did CodeRED. In other words, have they been in the emergency response business? I have been calling all of these people and have done research on my own. Almost every city in our state has some type of early warning system, and a lot of them are tied to sirens. In my calling of these different cities and getting a really different response from the place that did realize disasters, the ones that realized disasters have become proactive. The one that really struck a nerve was Pine Bluff, and here is the reason. They have a chemical stockpile that exists; and because of this, they get funding; and they have a structured program called CSEPP, that is a chemical stockpile emergency preparedness program, which means they are funded because of the chemicals. This will be eliminated by a projected date of 2012. They will no longer be funded. They are on their own. Right now, as we speak, they are planning what they are going to do. They are not going to eliminate their program. What they are going to do is tail it to their needs. They are going to scale back and here is what their program entails, and this I shared with a few people from other cities; and they thought it was just great. First of all, each citizen within the immediate response zone, which is the IRZ, is provided with a tone-alert radio that automatically comes on. They are given this, and it covers a 9½ mile radius. When there is a weather alert, this is not for a chemical or anything that has to do with the arsenal; but when there is a weather alert, the radio makes an audible sound; and it automatically turns on. This works in tandem with their 66 sirens. They have 66, and they have the arsenal; but that is not the point. They can isolate the system and broadcast through the PA system and announce the conditions of a tornado. They have experienced tornadoes, and they have a really bad flood problem; and they are very sensitive to wind conditions; and that is because of the arsenal and all of the other natural weather conditions that they are at risk for. They have isolated evacuation routes. This is very important, and this is something everyone should have. They have isolated the routes for evacuation so as not to disturb the citizens that are not in harm’s way. That means if we have a hazmat disaster over at the MLK and Central, you want to notify the people some way; but you don’t have to evacuate except for in that area. They have electronic reader boards. They have these boards that automatically come on, and they direct people. If you are driving toward Little Rock and you see a sign that says don’t go another mile or whatever, you know not to go there. Their system is integrated. It all works together.” Board of Directors Meeting 11 April 21, 2008, at 7:00 P. M.  At this time, Mayor Bush asked if it was federally funded, and Director Maruthur said that it was. She added the CSEPP is, but they are not going to abandon it; they are going to reduce it to meet their needs. She urged the Board not to spend the money for this. She said she spoke to the electronic technician of OEM for Jefferson County, and he recommended that the City begin implementing in its budget every year, another siren and that it start isolating evacuation routes, look into the reader boards, the sirens, and the tone-alert radios. She stated he provided her with the vendors who were available, and they have everything covered where people can be alerted as to what is happening. She explained how their PA system works from their siren. A tone-alert radio goes off; and if it is bad weather, they can actually get on the PA system and announce there is a tornado at a certain location. She said this PA system would be invaluable here because of not wanting to panic people. She noted that the Fire Department and other employees are very good emergency responders. She said the City needs to look at a system that is going to work in the future and needs to model it after a state-of-the-art program that is funded but for a different reason. She added that OEM for Jefferson County is smart enough to begin to plan for 2012 and not to abandon it. She stated they have something in place that Hot Springs could learn from and can let people know what part of town an emergency is happening, just like downtown with the flooding. She commented that she voted against this being a sole-source provider and wants to do what is best for the City and the citizens because everyone deserves it. She pointed out this is the No. 1 responsibility as a City Board and is her personal opinion. She stressed that she is not speaking for anyone, any group, or the Board. She stated for the public’s notice, it was not the City’s fault that they had leaks in their homes; but the water found a weak spot and was coming up from the stormwater grates and the archway. She pointed out there are many risks in the City, such as the mountains, the creek, and the undercutting through downtown; and these have to be addressed. She emphasized that people cannot be given a false sense of security, and that is her concern. She stated the City needs to get to work and start modeling after things that really work, fitting them into the budget, and going forward to protect the citizens. Director Daniel questioned the cost to implement all of the matters Director Maruthur mentioned, and Director Maruthur replied that she is not asking to implement anything right now but would like to see a plan and for the City to look at a city that has a structure for evacuation and identification of weather problems. Director Daniel said that 100 percent of nothing is still nothing, and the City has nothing now; and for the cost of this and the implementation in 60 days, the City would have something. He pointed out that the City hires and pay engineers who answered questions tonight and has to trust their judgment. He commented they are not going to jeopardize their jobs with providing the Board with false information. Therefore, he has to believe what they say when they say what this system will and will not do. He pointed out they are not saying it is going to save Hot Springs, or the City is going to have an ice storm and knock out communications. Those have happened before, and the Board of Directors Meeting 12 April 21, 2008, at 7:00 P. M. City survived. He said the only thing this might do is help somebody survive just a little better. He commented the Fire Chief and Police Chief are present; and if they think it is worth doing and the City’s engineers think it is worth doing, then for the cost why would the City not want to do it. Director Maruthur said she does not like settling for something rather than having nothing. Director Daniel stressed this is only a one-year contract; and at the end of that year, the City can get out. He said that gives Director Maruthur a year to get the program put together that she wants the City to consider. Director Maruthur replied that it is not about her. She added that she started the emergency and disaster program and is co-chair of the LEPC and is very involved in safety and security. She commented she is not an emergency responder but wants to see the best given to the excellent emergency responders. She noted that she does not question the judgment of the City’s department heads. Director Daniel said that he agreed and asked to hear from the Police Chief and Fire Chief. City Manager Kent Myers clarified that Director Maruthur is focusing completely on the emergency warning part of this and emphasized this is a public notification system. He added that a siren system is something the City needs to plan for in the future and is going to be a very important infrastructure improvement because of the terrain. However, according to the CodeRED literature, uses of the CodeRED system cite 31 different uses, 6 of which are related to citywide emergencies and the others are neighborhood specific situations where a warning system would not work, such as drinking water contamination. He mentioned several other areas such as: (1) the City would not want to set a siren off if it had a drinking water contamination that just affected one neighborhood. A CodeRED would be programmed to ring that neighborhood and make them aware there is a drinking water contamination; (2) school closings. If there were a closing at Lakeside Middle School, the City would not want to send out a siren or notify the entire city but would want to program the system to where just the Lakeside School System or that area was notified; and (3) regarding utility outages, if there is a utility outage in the Park Avenue area, what better way to notify the people that there is a utility outage than CodeRED. He stated the City would not want to do a siren where the entire city is panicked that there is a utility outage that just affects two or three streets. He pointed out the emergency component is just one area. He said he counted 25 uses that would not work with a siren system, and those apply to Public Works and crime. For example, if there is a missing child in a certain neighborhood, the City would want to notify that neighborhood. He noted that Director Maruthur is focusing many of her comments on the citywide emergency, which is just one component of the CodeRED system. Director Maruthur mentioned at the beginning of her statement, she said if the City had the proper perspective, this system would work for traffic accidents, hazmat situation, identifying certain Board of Directors Meeting 13 April 21, 2008, at 7:00 P. M. things as long as communications were up. She stated her concern is communications being down; and as far as the sirens, what she read from Pine Bluff, they have a PA system where they can isolate which ones they use and can make an announcement over the PA system. Mayor Bush questioned if the PA speakers would go down if there is a storm, and Director Maruthur said they would not. Police Chief Bobby Southard stated the Police Department would support this operation because currently they work with the Sheriff’s Department, which has the Child is Missing Program and is a $7,000 investment that the Sheriff’s Department made. He advised that the Police Department uses that system when there is a missing child. Since he has been Chief, they have used it three times and plan on using the CodeRED for numerous situations at the Police Department. He added that the dispatch services will be able to use it quite easily. Also, the sexual predator program will be able to use this information in the CID area; the patrol will be able to use it; and the Police Department will be making those notifications out of its 911 dispatch center. He advised that years ago, he looked into the use of reverse 911 but could not afford it because it was too expensive, much more expensive than the CodeRED Program. He advised that many of the programs they have looked at over the years to try to implement between the Police Department and the Sheriff’s Department entailed using either this company (CodeRED) or a company like it doing a database notification process through telephones. He stated if sirens are added to this, then that is much more effective. If they can figure out a way to give out radios, that is also better. Fire Chief Ed Davis stated in regard to the flooding the City experienced the first part of this month, one of the biggest problems they encountered was trying to find someone who was capable and able to call the hotels. He stated the dispatchers were busy, and the firefighters and police officers were out doing their job; and there was no one left to call the hotels. However, a dispatcher was finally able to handle it. He noted in an emergency, there is a certain wave of calls for services that are going to come through that overwhelm the dispatch center, and one of the last things they can do at that time is to take someone off who is routing calls for emergency services and begin calling people in the floodplain or at the Arlington Hotel or Downtowner. He mentioned they did that, but the dispatch services were put in a strain. He reported when they found the creek at a level to where they knew it was going to flood, getting those calls out was critical; and it was difficult to try and take a dispatcher off sending out emergency calls. He explained this system allows them to pinpoint areas; but it is not as fast as the siren system. However, it does deliver more detailed information than the siren system. He explained the siren system will give three modes of operation and can identify three emergency conditions. He stated a siren would sound and people would want to know what the emergency is because they do not keep up with the different tone types and the type of emergency put out. He mentioned loud speakers are a good choice, but the problem with a loud speaker is the maintenance. From a Fire Department standpoint, he said CodeRED is probably Board of Directors Meeting 14 April 21, 2008, at 7:00 P. M. a good place to start. He reported that he and City Manager Kent Myers have been engaged in conversations about trying to use some of the people in the community who are pro-radio to do some fund-raising activities and marketing activities with some of the retailers to promote the use of those radios. He pointed out the problem with the radios is the City cannot send out a message but is the National Weather Service that sends it out. Also, a general area cannot be pinpointed. He said the City needs a comprehensive approach to this and pick which one of these systems is going to work best in what area and move forward. As far as CodeRED, he stated that he believes it is the best alternative available at this time. Director Smith commented the City has had all the professionals weigh in on this and called for the question on this ordinance. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Smith, Weatherford, Daniel, and Bush, total 5. Voting “no:” Directors Maruthur and Edwards, total 2; motion carried. Whereupon the ordinance was declared passed. 20 Proposed Ordinance No. O-08-32 An ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 5585 AUTHORIZING EMINENT DOMAIN CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF A UTILITY EASEMENT ACROSS CERTAIN REAL PROPERTY (FLOYD PROPERTY - WALKWAY ROAD) BY ADOPTING A NEW SECTION 2 THEREOF,” was taken from the agenda for consideration. A motion was made by Director Smith, 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 “Shall 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, City Attorney Brian Albright explained the purpose of this item and Items 21 and 22 is to correct an error that was contained within the legal description of the previous ordinances that were passed for the purpose of acquiring property needed for the Southwest Wastewater Treatment Plant. Board of Directors Meeting 15 April 21, 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 “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed 21 Proposed Ordinance No. O-08-33 An ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 5586 AUTHORIZING EMINENT DOMAIN CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF A UTILITY EASEMENT ACROSS CERTAIN REAL PROPERTY (PHILLIPS PROPERTY - WALKWAY ROAD) BY ADOPTING A NEW SECTION 2 THEREOF,” was taken from the agenda for consideration. A motion was made by Director Smith, 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 “Shall the ordinance be passed as read?” and upon motion of Director Smith, duly seconded by Director Maruthur, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 22 Proposed Ordinance No. O-08-34 An ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 5587 AUTHORIZING EMINENT DOMAIN CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF A UTILITY EASEMENT ACROSS CERTAIN REAL PROPERTY (LOUDEN PROPERTY - MARION ANDERSON AND WALKWAY ROAD) BY ADOPTING A NEW SECTION 2 THEREOF,” was taken from the agenda for consideration. A motion was made by Director Edwards, 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 “Shall 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 Board of Directors Meeting 16 April 21, 2008, at 7:00 P. M. following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 23 Proposed Resolution No. R-08-93 A resolution entitled, “A RESOLUTION ACCEPTING A REPORT AND RECOMMENDATIONS OF THE CITY OF HOT SPRINGS BUILDING STUDY COMMITTEE,” was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Daniel, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers reported this is the final report of the Building Study Committee that Mayor Bush appointed in November 2007, to look at a number of older buildings and consider improvements that are needed to these facilities to get the City through the next five years. The committee was composed of the Chairman, Mr. John Selig, Director Maruthur, Director Weatherford, and Mr. Kin Bush, who was unable to attend. He reported they met on eight different occasions over a five-month period. Their responsibility was to look at the older buildings and selected the following buildings: (1) City Hall - a number of improvements were needed to this building, and one of the first priorities was security improvements; (2) City Hall Annex - the focus was on security and will be adding some lighting and fencing; (3) Transportation Depot - that building was in rather good shape, but there were a couple of items recommended on that building; (4) Golf Links Fire Station - this is one of the older fire stations, and the foundation is starting to settle and made some recommendations on improving the foundation on that building; (5) Street Department storage building - this is a steel building that is starting to realize some structural deficiencies, and they recommended replacing that building in the future; and (6) Financial Services Building - this building is located next to the Austin Hotel, and they identified about $500,000 in improvements to that building. In making those improvements, they still would not be able to satisfy parking or ADA requirements. The committee has recommended that the City sell that property and relocate the Financial offices to a building at the Airport, formerly occupied by the National Guard. That building is now available and will be owned by the Airport. The committee recommends that the City do some minor upgrades to that building and move Financial Services to that facility. Mr. John Selig, Chairman of the Building Study Committee, said they had a great committee with Director Maruthur, Director Weatherford, and Mr. Kin Bush, as well as great support from the City staff. He stated that he was impressed with the quality of the people in Public Works, Planning Department, and Mr. J. C. Kingery, Property Maintenance Supervisor; and they were invaluable Board of Directors Meeting 17 April 21, 2008, at 7:00 P. M. in helping get good information on the integrity of the buildings, the Police Department, and the Fire Department. He noted they involved people from the community, and Mr. Sandy Scott assisted with some of the ADA requirements. He said he was impressed with the competency and the quality of the people on the City staff. Director Smith expressed appreciation to Mr. Selig, who went above and beyond the call as a citizen commitment to the community. Director Maruthur thanked Mr. Selig for chairing the committee and stated they assessed many areas that she believes otherwise would not have been considered, and many departments came to realization that they needed to be together; whereas, other departments, it was not as essential. She said she was concerned about the move from the present Utilities Building on Malvern to the Airport only because there are many people who pay their bill in person and want that contact and receipt. She reported the committee decided to have a drop-box in City Hall; and she spoke to Ms. Elizabeth Farris, at Regions Bank, to allow the City to use their lobby for a drop- box where it will be protected; and only the City will be in charge of it. She expressed appreciation to Regions for making it available. She advised that in the interim, the City will have a drop-box at the existing Utility Building until it is sold, but an area at City Hall has not been designated at this time. She thanked everyone on the committee and the department heads for their vision, ability to come out in bad weather, and spend many hours working on this. Director Jones asked how soon this move will take place, and City Manager Kent Myers advised that the target is August/September timeframe. He stated the City will not get possession of the building until June 1, and then it will take a couple of months for Mr. J. C. Kingery and his crew to clean the building. Director Weatherford commended Mr. Selig for chairing the committee and the staff and department heads who worked with them. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 24 Budget Transfers Regarding Building Study Committee Recommendations A motion was made by Director Weatherford, duly seconded by Director Daniel, that the budget transfers regarding the Building Study Committee recommendations be approved. Board of Directors Meeting 18 April 21, 2008, at 7:00 P. M.  Upon discussion, City Manager Kent Myers advised this money was already included in the 2008 budget in Capital Improvement Fund; so, this will move it to the individual departments so the City can start spending the money to make the improvements that have been recommended and approved tonight. Director Maruthur said one of the many improvements the City is going to make in this three to five-year incremental program is to take the vegetation from the Utilities Building on Malvern and put it behind City Hall. She noted this will add esthetic and curb appeal improvements; also, there will be directional signage and other information to help the citizens get to the different departments. Mayor Bush then called for a vote on the motion to approve the budget transfers; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. 25 Proposed Resolution No. R-08-94 A resolution entitled, “A RESOLUTION EXPRESSING THE DESIRE OF THE HOT SPRINGS BOARD OF DIRECTORS TO RETAIN THE USE OF THE CURRENT CITY LOGO BEARING THE WORDS HOT SPRINGS NATIONAL PARK, ARKANSAS,” was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Director Weatherford, that the resolution be adopted as read. Upon discussion, Mr. Blake Robertson, 209 Trojan Terrace, said he is representing the Garland Good Government Group; and being a community-watch group, they asked the Parks Superintendent to visit with them in one of their open meetings. He stated she expressed her viewpoint to the membership; and the group met later in business session and voted not to take a position on whether it is good or bad, or whether it should be removed or should be left. He advised they voted in mass to ask the Board of Directors if it goes to a lawsuit, not to fight the lawsuit; and that this should be used with private funds. Mayor Bush questioned if it was a unanimous vote, and Mr. Robertson advised that it was. Director Maruthur pointed out if anything comes to a lawsuit, the City has to pay for the defense; and it is not an option. Board of Directors Meeting 19 April 21, 2008, at 7:00 P. M.  Mayor Bush stated that does not mean the Board agrees with what he just suggested. He stressed if the City gets sued, it has to defend itself. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 6. Abstaining: Director Maruthur; motion carried. Whereupon the resolution was declared adopted. Director Maruthur commented that she is not saying they are in the City or the City is in the park because the National Park belongs to the City also. She stated that parts of the City are within the National Park and parts of it are not. She said that she does not know what the boundaries are and would not think that everyone on the Board knows all the boundaries. Mayor Bush suggested that this issue not be discussed at length since this is a volatile issue at this time, and the Board agreed. OTHER BUSINESS 26 Board of Directors Items Director Smith advised that District 3 will have the Spring Fling clean-up on Saturday and Sunday, and there are two locations in District 3 - Hot Springs School District (Jones School) and also the Quapaw Community Center. Director Jones reported that the locations for the Spring Fling clean-up are on Runyon and Chattanooga Park, and the Pleasant Street Association will have its annual fish fry on May 3 from 11 a.m. - 2 p.m. The dinners are $7 a plate. Director Maruthur announced this past Saturday, they had a picnic at Whittington Park and thanked Mr. Ken Freeman and his wife, Tracy, for assisting them, as well as the others who participated and contributed. Director Weatherford stated that the Downtown Merchants’ Association will have a chicken cook-off at the Exchange Street Parking Plaza and the Third Annual Stueart Pennington Running of the Tubs on May 17. Director Edwards reported that it is against the law to nail advertisements on utility poles. Board of Directors Meeting 20 April 21, 2008, at 7:00 P. M. 27 City Manager’s Report City Manager Kent Myers gave the following report: 1. The Board approved the Consent Agenda, which included the appointment of Ed Berkun and Phillip Jones to the Airport Advisory Board; and the Board accepted the donation of property from the Billy Sanders Family for the expansion of the Greenway all the way to Belding. He thanked the Sanders Family for that donation. 2. Several employees have been recognized over the last few weeks. Police Chief Bobby Southard received the Sons of the American Revolution Law Enforcement Medal for his dedication and efforts in protecting and serving the community. Sanitation Director Bill Burrough received employer support of the National Guard and Reserves Patriot Award. This was presented at City Hall several weeks ago. A letter to the Editor was written by Mr. Daniel Brown, construction manager for Gospel Light Baptist Church, who stated many times one of their biggest battles in expansion of the church is development of the relationship between cooperation and City Hall. However, the City seems to be an exception. He said he has seen a collaboration throughout City Hall to perform their tasks with care and concern, and the Neighborhood Services Division and the Planning and Development Department were a pleasure to work this. An e-mail was received from Ms. Edith Small, 407 Henderson, friend of Director Edwards, who complimented the leaf and mulch crew and Sanitation Department on another outstanding job. She said she was grateful that they dump her leaves out of the bags and return the bags to her so she can re-use them. She also stated the Sanitation crew is very polite. 3. He reported that all Board Members indicated they were available on May 1, at 5 p.m. for a Board Work Session. 28 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:30 p.m., to meet again on Monday, May 5, 2008, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 21 April 21, 2008, at 7:00 P. M. Board of Directors Meeting 22 April 21, 2008, at 7:00 P. M.