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Board of Directors

Regular Meeting

Hot Springs, AR · December 16, 2008

AgendaMinutes

Minutes

MINUTES BOARD OF DIRECTORS MEETING DECEMBER 16, 2008, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Tuesday, December 16, 2008, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Barbara Cooper, 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, Rick Ramick, Tom Daniel, and Mike Bush, total 7. 2 Approval of Agenda A motion was made by Director Daniel, duly seconded by Director Maruthur, that the agenda be approved. Upon discussion, City Attorney Brian Albright advised that Proposed Ordinance No. O-08-91 (Amending the Zoning Code in Fairdale Addition and Forrest Hill Addition) needs to be added to the agenda. 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 December 2, 2008 Board Meeting A motion was made by Director Maruthur, duly seconded by Director Weatherford, that the minutes of the December 2, 2008 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Director Maruthur acknowledged those in attendance who came out in the inclement weather. Mayor Bush recognized Director Steve Smith and presented him with a Distinguished Service Award, having served as Director for District 3 since January 1, 2005, through December 31, 2008, and as Assistant Mayor. Director Smith stated it has been an honor and a privilege to serve the City for the past four years, and he has made some great associations in District 3 and throughout the City. He expressed appreciation to the City employees for their cooperation, pointing out the City is fortunate to have a great staff. He also expressed appreciation to his wife, Marcia, for her assistance. He thanked the Board Members for allowing him to be a part of the team with its many challenges. He sent best wishes to Director-Elect Cynthia Keheley as she begins her tenure as Director for District 3. He said he believes there are great things ahead for the City and the Board. At this time, Director Maruthur asked that Mayor Bush join her at the podium to sing “God Bless America,” and also to be joined by those in attendance. 5 Acknowledgment of Financial Statements Notice for September and October 2008. Mayor Bush announced that the Financial Statements Notice for September and October 2008 are on file in the Finance Department for review by the Board and the public. CONSENT AGENDA The Consent Agenda consisted of the following: 6 Board of Directors Meeting Schedule (January thru June 2009). Board of Directors Meeting 2 December 16, 2008 at 7:00 P.M. 7 Proposed Resolution No. R-08-288 Approving Certain Bid Awards (a) Downtown Light Pole Painting (Change Order to Purchase Order - $2,731). 8 Proposed Resolution No. R–08-289 Authorizing the Mayor to Execute Lease Addendum No. 1 with Airborne Flying Service, Inc. for Hangar A-1. 9 Proposed Resolution No. R-08-290 Authorizing the Mayor to Execute Lease Addendum No. 1 with Airborne Flying Service, Inc. for Hangar A-4. 10 Proposed Resolution No. R-08-291 Authorizing the Mayor to Execute Lease Addendum No. 3 with Weyerhaeuser Company for Hangar A-6. 11 Proposed Resolution No. R-08-292 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Lake Valley Community Church at 910 Shady Grove Road. 12 Proposed Resolution No. R-08-293 Approving the Extension of Hot Springs Municipal Wastewater Service to Pine Shore Lane. 13 Proposed Resolution No. R-08-294 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Central Crossing, LLC, Phase 2. 14 Proposed Resolution No. R-08-295 Awarding a Contract for Engineering Services to Jacobs Engineering Group, Inc. for Design and Construction of Ouachita Water Treatment Plant Improvements. 15 Proposed Resolution No. R-08-296 Awarding a Contract for Professional Services to RJN Group to Survey the Wastewater Collection System and Authorizing RJN Group to Proceed with Phase I - Flow Monitoring. 16 Proposed Resolution No. R-08-297 Extending an Agreement with Regions Bank for the Provision of Certain Banking Services. Board of Directors Meeting 3 December 16, 2008 at 7:00 P.M. 17 Proposed Resolution No. R-08-298 Authorizing the Extension of a Medical Ambulance Services Franchise with LifeNet, Inc. and Approving Addendum No. 3 to Said Agreement. 18 Proposed Resolution No. R-08-299 Awarding a Contract to MetLife Travelers for Group Life and AD&D Insurance. 19 Proposed Resolution No. R-08-300 Approving Extension of Franchise Agreement with Resort Television Cable Company, Inc. Until March 31, 2009. 20 Proposed Resolution No. R-08-301 Approving Report of Commissioners and Dissolving the East Hot Springs Multipurpose Property Owners’ Improvement District No. 98-1 of the City of Hot Springs, Arkansas. A motion was made by Director Jones, duly seconded by Director Maruthur, that the Consent Agenda be approved. Upon discussion, Director Maruthur asked for an explanation of the replacement of flocculators in regard to Agenda Item No. 14. Public Works Director Steve Mallett explained that at the existing Ouachita Water Treatment Plant, one of the pieces of equipment Jacob Engineering will be replacing is a flocculator, which is a piece of treatment equipment. Mayor Bush then called for a vote on the motion to approve the Consent Agenda; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. NEW BUSINESS 21 Proposed Resolution No. R-08-302 A resolution entitled, “A RESOLUTION ACCEPTING THE DONATION OF A CAIRN FOUNTAIN FROM JOHN BRADFORD HUDGENS TO BE LOCATED ON THE HOT SPRINGS CREEK GREENWAY FRIENDSHIP TRAIL,” was taken from the agenda and read by title only. Board of Directors Meeting 4 December 16, 2008 at 7:00 P.M. A motion was made by Director Weatherford, duly seconded by Director Daniel, that the resolution be adopted as read. Upon discussion, Parks and Recreation Director Jean Wallace introduced John Bradford Hudgens, a Boy Scout who built the Cairn Fountain. Mr. Hudgens explained that a cairn is usually found along a path or a trail and may represent an intersection of trails or crossroads. He added they can represent a meeting place, reaching a destination, or an important spot; and a cairn is usually built by people passing an area that they want to remember and then marking the location with a stone. He stated as others want to do the same, rocks are added; and over time, the cairn grows, many growing to ten feet or more in size. He said he built this fountain to represent a cairn; and in his opinion, there is not a better meeting spot, a more important place, or a better place in the crossroads than Hot Springs, Arkansas. After getting the idea from the fountain while at Kanakuk’s K-1 Summer Camp and after spending many hours biking along the Greenway, he felt that the Greenway would be a great place to build his Boy Scout/Eagle Scout project. He stated he met with Parks and Recreation Director Jean Wallace and with her confidence and assistance in selecting the perfect site, he began planning and building the project. He commented that it is his hope that the Hot Springs Creek Greenway Cairn Fountain gives walkers, runners, and visitors to the Greenway an uplifted spirit as they are at this great spot in the crossroads – Hot Springs, Arkansas. Director Maruthur said it is her understanding that cairn is an individual’s last name - Joe Bob Cairn; but Mr. Hudgens replied that he did not have any knowledge of that. Director Daniel mentioned that he had known Mr. Hudgen’s father for many years and commended him on his accomplishments. 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, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 22 Proposed Resolution No. R-08-303 A resolution entitled, “A RESOLUTION APPROVING A COST ALLOCATION PROCEDURE FOR MUNICIPAL UTILITY BILLING SERVICES AND UTILITY Board of Directors Meeting 5 December 16, 2008 at 7:00 P.M. ADMINISTRATION FUND; AND REPEALING RESOLUTION NO. 3466,” was taken from the agenda and read by title only. A motion was made by Director Weatherford, duly seconded by Director Daniel, that the resolution be adopted as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 23 Proposed Ordinance No. O-08-86 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PROCUREMENT OF MOBILE SOFTWARE FOR THE POLICE DEPARTMENT; 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 “Shall the ordinance be passed as read?” and upon motion of Director Daniel, duly seconded by Director Ramick, that the ordinance be passed as read. Upon discussion, Director Maruthur asked that the City Attorney explain why this is waiving competitive bidding. City Attorney Brian Albright explained this is a sole-source provider and is through Spillman Company, which is the company the Police Department currently uses for this purpose. Police Chief Bobby Southard advised that Mr. Max Jenkins, a representative from Spillman Technologies, is present tonight to answer questions. Chief Southard explained that the Police Department for the last 12 years, has invested approximately $1 million in software development with Spillman Technologies. He explained if they put computers in the cars and they are going to work with the existing software, then it must be Spillman Mobile Software. Board of Directors Meeting 6 December 16, 2008 at 7:00 P.M. Director Maruthur asked that Police Chief Bobby Southard explain the Mobile Data Terminals (MTD); and Chief Southard explained that eventually with Spillman’s help, the officers will be able to do reports in individuals homes before they ever leave by taking the computer out of their cars and into the homes. Mr. Max Jenkins, with Spillman Technologies, explained this is going to improve officer safety immensely because late at night when they pull an individual over, they will know who they are dealing with because they will have access to every involvement the Police Department has ever had with them directly from their laptop. He stated the officers will also have immediate information and comments that are entered by the dispatcher in their call as they are driving en route to a call. Mayor Bush questioned if the officers drive around and use their computers at the same time, and Mr. Jenkins stated that is an option they have. He added that option improves response times because they may be driving past the scene and see that call come up on their computer. They can immediately hit that button, and it immediately logs when they are arriving on the scene versus receiving that call on the radio, communicating with the dispatcher, and logging that response time when they get on the scene. Director Daniel asked if he was recommending that they operate the computer while driving down the street or highway, and Mr. Jenkins replied that he was not. Director Daniel pointed out if the officers are going to be working the computer, they need to be pulled over in a safe location; and Mr. Jenkins advised that was correct. Director Maruthur questioned if everything is accounted for at the end of the shift as far as what the officer has done; and Mr. Jenkins advised that it logs every activity, such as every command the police officer has done; every button he has pushed; every word he has typed into the program; every single sentence and word that has been communicated with the dispatcher or the other officers; and every search on every vehicle that has been run on every individual will be logged. 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, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. Board of Directors Meeting 7 December 16, 2008 at 7:00 P.M. 24 Proposed Ordinance No. O-08-87 An ordinance entitled, “AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY LOCATED OFF LAKESIDE ROAD NEAR HIGH MEADOW LOOP TO THE CITY OF HOT SPRINGS, ARKANSAS; MAKING SAME A PART OF THE CITY OF HOT SPRINGS; ASSIGNING SAID LANDS TO A ZONING DISTRICT; REVISING THE FUTURE LAND USE MAP; ASSIGNING SAID LANDS TO A BOARD DISTRICT; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Daniel, duly seconded by Director Weatherford, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “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; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 25 Proposed Ordinance No. O-08-88 An ordinance entitled, “AN ORDINANCE LEVYING A SUPPLEMENTAL ANNUAL ASSESSMENT FOR THE CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 3 OF THE CITY OF HOT SPRINGS, ARKANSAS, FOR 2009,” 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 Jones, duly seconded by Director Daniel, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 26 Proposed Ordinance No. O-08-89 Board of Directors Meeting 8 December 16, 2008 at 7:00 P.M. An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR ACTUARIAL SERVICES FOR IMPLEMENTATION OF GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB) STATEMENT 45 FROM STEPHENS, INC.; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Ramick, duly seconded by Director Weatherford, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Daniel, duly seconded by Director Jones, that the ordinance be passed as read. Finance Director Dorethea Yates advised that the City is required for the fiscal year ending December 31, 2008, to disclose its unfunded liability for other pension and benefits known by accountants as OPAB. She pointed out many companies have gotten in trouble for their lack of funding their pensions, benefits, and other post employment benefits. Therefore, several years ago, the Governmental Accounting Standards Board felt that government should also look at the unfunded liabilities and disclose that. She stated this is the actuarial study to determine what the City’s unfunded liability is for other post employment benefits. 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, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 27 Proposed Ordinance No. O-08-90 An ordinance entitled, “AN ORDINANCE ADOPTING A BUDGET FOR THE CITY OF HOT SPRING, ARKANSAS, FOR THE YEAR 2009; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Ramick, duly seconded by Director Weatherford, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” Board of Directors Meeting 9 December 16, 2008 at 7:00 P.M. and upon motion of Director Daniel, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Mayor Bush thanked the Board, Interim City Manager Lance Hudnell, and city staff who worked on the 2009 budget. Director Maruthur expressed appreciation for all the work that has been done on the budget but pointed out that the Board needs to recognize that the City’s reserves are dwindling; and if the City continues with the same pattern it has been going, it is going to end up short and borrowing money. She said she has noticed in the last couple of years that no monies have really been put in reserve, and the City spends what it has. She added there is no reserve, and the money is in some investments; but the City is down eight percent on its revenue. She asked if the Directors have any ideas about what the City should do in the future because it cannot continue in this same pattern and expect to go anywhere. She commented that a few of the Directors were employees with some large corporations and asked if they have any recommendations on what the City should do with its projected revenues and spending. Mayor Bush stated that the City cannot spend any more than it brings in; therefore, if the City’s revenues are down next year, then the expenses are going to be down. He pointed out that personally he did not believe this is the time to discuss that. He commented the City has a budget and there is a motion and second to approve that budget. Director Maruthur stated that she had a discussion about this today with Finance Director Dorethea Yates, and the projection of the revenue is a concern. She pointed out it is not just Hot Springs but is the global economy. She said the City is going to have to look at some options to increase its revenue. She added that even if the Board were to make some major changes in how it has been allocating the money with the cost allocation and being good stewards of the taxpayers’ money, she just wants to make sure the City is charting a straight course and that the public knows that the Board is aware of the revenue and the expenses and is not just approving a budget but is doing it with what is in mind for the future and with the economy and that the Board is being responsible. Director Daniel questioned if the City is about $8 million under last year’s budget, and Interim City Manager Lance Hudnell advised that was correct when considering various capital improvements, etc. Director Smith made a motion, duly seconded by Director Jones, that whatever action is taken in the executive session be incorporated within the adopted budget. Board of Directors Meeting 10 December 16, 2008 at 7:00 P.M. Director Daniel, who made the motion to adopt the budget, and seconded by Director Jones, said they were agreeable to include that in their motion to adopt the ordinance approving the budget. Mayor Bush then called for a vote on the motion to adopt the ordinance and include whatever action is taken in the executive session be incorporated within the budget; and upon roll call, the following voted “aye”: Directors Jones, Smith, Weatherford, Ramick, Daniel, and Bush, total 6. Voting “no”: Director Maruthur; motion carried. Whereupon the ordinance was declared passed. 28 Proposed Ordinance No. O-08-91 An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING CERTAIN REAL PROPERTY WITHIN THE SUBDIVISION OF FAIRDALE ADDITION, BLOCK 16, LOTS 1, 2, 3, 4, 5, 7, 8, 9, AND 10, BLOCK 17, LOTS 8, 9 AND 10; AND ALL OF BLOCK 19, CURRENTLY ZONED R-3, LOW/MEDIUM DENSITY RESIDENTIAL DISTRICT; AND WITHIN THE SUBDIVISION OF FORREST HILL ADDITION, BLOCK 36, LOTS 1, 2, 3, 5, 6 AND BLOCK 37, LOT 1, CURRENTLY ZONED R-4, MEDIUM/HIGH DENSITY RESIDENTIAL DISTRICT, BOTH BEING RECORDED PLATS WITHIN THE CITY OF HOT SPRINGS, COUNTY OF GARLAND, STATE OF ARKANSAS, AND REZONE TO C-4, REGIONAL COMMERCIAL AND OPEN DISPLAY DISTRICT; AND AMENDING THE FUTURE LAND USE MAP BY RECLASSIFYING THE CERTAIN AFOREMENTIONED REAL PROPERTY,” was taken from the agenda for consideration. A motion was made by Director Smith, duly seconded by Director Ramick, 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 Daniel, duly seconded by Director Smith, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, advised this application is from Polychris Properties, LLC, on behalf of multiple owners seeking C-4, Regional Commercial Open Display District zoning for several lots, as well as a former railroad right-of-way now owned by the City of Hot Springs. She stated the reason for requesting the Board of Directors Meeting 11 December 16, 2008 at 7:00 P.M. zone change as stated by the applicant is for Oaklawn-related facilities, and this request extends a large area of existing C-4 zoning to the West and South that includes the Oaklawn Jockey Club property. The City’s adopted Comprehensive Plan recognizes that Oaklawn Jockey Club is the number one tourist attraction in Arkansas, and also identifies a policy objective to sustain and promote Oaklawn. The staff’s findings to the Planning Commission were that the request is consistent with the Comprehensive Plan Future Land Use Map designation of Linear Commercial Corridor, and this map is the designation of the commercial area immediately to the west. If the map is so amended, then the changes are consistent with the objectives of the Zoning Code and with plans adopted by the Commission. The Planning Commission advertised the application and considered public testimony at their December 11, 2008 meeting. The Commission, on a vote of 5 to 0, accepted the staff findings and voted to recommend that the Board approve a zone change from R-3 and R-4 to C-4, as well as the amendment to the Future Land Use Plan Map. 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, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared adopted. EXECUTIVE SESSION 29 Consider the Annual Evaluation of the City Manager 30 Consider the Annual Evaluation of the City Attorney A motion was made by Director Maruthur, duly seconded by Director Weatherford, that the Board adjourn into executive session to consider the annual evaluation of Interim City Manager Lance Hudnell and City Attorney Brian Albright; and upon voice vote, the motion unanimously carried. The Board adjourned into executive session at 7:40 p.m. RECONVENE TO OPEN SESSION 31 Consider Action Required as a Result of the Executive Session The Board reconvened into open session at 8:10 p.m., and Mayor Bush announced that the results of executive session are two-fold: (1) Lance Hudnell is now the permanent City Board of Directors Meeting 12 December 16, 2008 at 7:00 P.M. Manager at a salary of $130,000 a year, effective January 1, 2009; and (2) City Attorney Brian Albright will continue as City Attorney at a salary of $117,500 a year, effective January 1, 2009. He pointed out that these are inclusive in the 2009 budget. City Manager Lance Hudnell expressed his appreciation to the Board and stated it has been his privilege for 31 years to serve various Boards and Mayors and the citizens of Hot Springs and will be his pleasure to continue to do that. City Attorney Brian Albright expressed his appreciation to the Board and stated it has been a privilege to work for the City and looks forward to the upcoming year. A motion was made by Director Daniel, duly seconded by Director Jones, that Lance Hudnell be hired as permanent City Manager at a salary of $130,000 a year, effective January 1, 2009; and City Attorney Brian Albright continue as City Attorney at a salary of $117,500 a year, effective January 1, 2009. Upon discussion, Director Maruthur stated that now that the evaluations of the City Manager and City Attorney are tied to the budget, she wants the Board to keep in mind what she said earlier about putting money away for a “rainy day.” She said there will be a compound vote from her, which means she is going to make one vote; but it is because of two different factors. Mayor Bush then called for a vote on the motion; and upon roll call, the following voted “aye” Directors Maruthur, Jones, Smith, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. OTHER BUSINESS 32 Board of Directors Items Board of Directors Meeting 13 December 16, 2008 at 7:00 P.M. Director Maruthur qualified why she voted against the budget pointing out that almost all economists are urging entities, corporations, and businesses to put money away for a “rainy day,” and that is the only reason she voted the way she did because the City is not doing that. Director Jones thanked the Hot Springs Women of Prayer for blessing the Directors this year, as well as Barbara Cooper, who ended the year with the devotion tonight and is a member of her church, Eureka Baptist. She expressed appreciation to the citizens who have shown confidence in the Board this year. Director Smith wished everyone a Merry Christmas and Happy New Year and said he will continue to do all he can to make this a great place to live and work. Director Maruthur announced that an account has been set up at Regions Bank for the family of deceased firefighter Gene Yarbrough. Also to sign up for the CodeRED Program, citizens may call Paula Brown at 321-6861, who will assist them. She thanked the Hot Springs Women of Prayer for the chocolate candy they distributed and making sure the Board has a devotion at each meeting. In regard to the taxpayers who spoke on November 4, she stated that the Directors take their job seriously and hope to improve and be good stewards of the taxpayers’ money and show that they really understand what it takes to run a city and the hard decisions that are made every time they have a meeting. She pointed out there is a lot the public does not really hear on television that they have to deal with; and a lot of decisions look like they are surface decisions; but they are not and are issues that the Directors agonize over. She commented that they do disagree; but in the end, they do represent the citizens. She stated they are not here as representatives of anybody else or any other organization and that clarifies why she votes the way she does many times. Mayor Bush announced that Director Tom Daniel will be the Assistant Mayor from January through June, 2009. 33 City Manager’s Report City Manager Lance Hudnell acknowledged that a nice note was received from Mr. Doug Sweet expressing appreciation to Ms. Kathy Sellman, Planning and Development Director; Mr. Gerald Harman, CDBG Coordinator; and Ms. Janet Heath, Deputy City Clerk, for their assistance. Board of Directors Meeting 14 December 16, 2008 at 7:00 P.M. He expressed appreciation to the staff for their hard work on the budget. He also expressed appreciation to his wife, Daris, for her support over the years. He mentioned there are some issues pending with the Austin Hotel that have an end-of-the-year deadline. City Attorney Brian Albright is still working with their attorney on getting those documents finalized. Mayor Bush suggested calling a special meeting to approve the easements with the Austin Hotel, and City Manager Lance Hudnell stated that it possibly would be held next Tuesday. Mayor Bush wished everyone a Happy Holiday. 34 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:20 p.m., to meet again on Tuesday, January 6, 2009, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 15 December 16, 2008 at 7:00 P.M.

Agenda

REGULAR MEETING OF THE BOARD OF DIRECTORS MEETING NO. 26 CITY OF HOT SPRINGS, ARKANSAS TUESDAY, DECEMBER 16, 2008, 7:00 P.M. BOARD CHAMBERS, CITY HALL 133 CONVENTION BOULEVARD In order to ensure fairness to all who wish to be heard, while maintaining orderly and timely meetings, the Board of Directors has established a uniform policy for receiving public input. Anyone wishing to comment on a specific agenda item should place one's name on the sign-up sheet, available at the entrance to the Board Chambers. Comments will be limited to three minutes for each person. Discussion by the Board Members or questions to the person will not be included in this time limit. The Board of Directors request and appreciate your cooperation with these procedures. INVOCATION - Ms. Barbara Cooper PLEDGE OF ALLEGIANCE CALL TO ORDER Order of Business Subject BOARD BUSINESS SECTION 1 Roll Call of Board of Directors. 2 Consider Approval of the Agenda. 3 Consider Approval of Minutes for December 2, 2008. 4 Recognition of Guests. 5 Consider Acknowledgment of Financial Statements Notice for September and October 2008. Order of Business Subject CONSENT AGENDA SECTION Items placed in this section are a matter of routine business which are expected to involve little or no discussion by the Board or the public. The Consent Agenda is usually voted on in mass. However, if any two Directors so desire, individual items may be discussed and/or voted on as a separate matter of business. 6 Board of Directors Meeting Schedule (January thru June 2009). 7 Resolution No. R-08-288 Approving Certain Bid Awards (a) Downtown Light Pole Painting (Change Order to P.O.-$2,731). 8 Resolution No. R-08-289 Authorizing the Mayor to Execute Lease Addendum No. 1 with Airborne Flying Service, Inc. for Hangar A-1. 9 Resolution No. R-08-290 Authorizing the Mayor to Execute Lease Addendum No. 1 with Airborne Flying Service, Inc. for Hangar A-4. 10 Resolution No. R-08-291 Authorizing the Mayor to Execute Lease Addendum No. 3 with Weyerhaeuser Company for Hangar A-6. 11 Resolution No. R-08-292 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Lake Valley Community Church at 910 Shady Grove Road. 12 Resolution No. R-08-293 Approving the Extension of Hot Springs Municipal Wastewater Service to Pine Shore Lane. 13 Resolution No. R-08-294 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Central Crossing, LLC, Phase 2. 14 Resolution No. R-08-295 Awarding a Contract for Engineering Services to Jacobs Engineering, Inc. for Design and Construction of Ouachita Water Treatment Plant Improvements. 15 Resolution No. R-08-296 Awarding a Contract for Professional Services to RJN Group to Survey the Wastewater Collection System and Authorizing RJN Group to Proceed with Phase I - Flow Monitoring. 16 Resolution No. R-08-297 Extending an Agreement with Regions Bank for the Provision of Certain Banking Services. Order of Business Subject (CONSENT AGENDA CONTINUED) 17 Resolution No. R-08-298 Authorizing the Extension of a Medical Ambulance Services Franchise with LifeNet, Inc. and Approving Addendum No. 3 to Said Agreement. 18 Resolution No. R-08-299 Awarding a Contract to MetLife Travelers for Group Life and AD&D Insurance. 19 Resolution No. R-08-300 Approving Extension of Franchise Agreement with Resort Television Cable Company, Inc. Until March 31, 2009. 20 Resolution No. R-08-301 Approving Report of Commissioners and Dissolving the East Hot Springs Multipurpose Property Owners’ Improvement District No. 98-1 of the City. NEW BUSINESS 21 Consider Resolution No. R-08-302 Accepting the Donation of a Cairn Fountain from John Bradford Hudgens to be Located on the Hot Springs Creek Greenway Friendship Trail. 22 Consider Resolution No. R-08-303 Approving a Cost Allocation Procedure for Utility Billing Services and Utility Administration Fund and Repealing Resolution No. 3466. 23 Consider Ordinance No. O-08-86 Waiving Requirements of Competitive Bidding for the Procurement of Mobile Software for the Police Department. 24 Consider Ordinance No. O-08-87 Accepting the Annexation of Certain Territory Located off Lakeside Road Near High Meadow Loop to the City; Making Same a Part of the City; Assigning Said Lands to a Zoning District; Revising the Future Land Use Map; and Assigning Said Lands to a Board District. 25 Consider Ordinance No. O-08-88 Levying a Supplemental Annual Assessment for the Central Business Improvement District No. 3 of the City for 2009. 26 Consider Ordinance No. O-08-89 Waiving Requirements of Competitive Bidding for Actuarial Services for Implementation of Governmental Accounting Standards Board (GASB) Statement 45 from Stephens, Inc. Order of Business Subject 27 Consider Ordinance No. O-08-90 Adopting the Budget for the City for the Year 2009. EXECUTIVE SESSION 28 Consider the Annual Evaluation of the Interim City Manager. 29 Consider the Annual Evaluation of the City Attorney. RECONVENE TO OPEN SESSION 30 Consider Any Action Required as a Result of the Executive Session. OTHER BUSINESS 31 Consider Board of Directors' Items for Discussion and Announcements (no vote). a. Announcement of Director Tom Daniel as Assistant Mayor (January thru June 2009). b. Other Announcements. 32 Consider Interim City Manager’s Report. 33 ADJOURNMENT

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