Board of Directors

MINUTES BOARD OF DIRECTORS MEETING APRIL 21, 2009, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Tuesday, April 21, 2009, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Jimmy Young, 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, Cynthia Keheley, 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 Manager Lance Hudnell requested the addition of a resolution expressing condolences and acknowledging the life and work of Robert E. Wheeler to the agenda. Mayor Bush then called for a vote on the motion to approve the agenda with the addition of the addition of a resolution expressing condolences and acknowledging the life and work of Robert E. Wheeler; and upon voice vote, the motion unanimously passed. and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of April 7, 2009 Board Meeting  A motion was made by Director Daniel, duly seconded by Director Maruthur, that the minutes of the April 7, 2009 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Mayor Bush recognized Ms. Carole Katchen, chairperson of the Arts Advisory Committee, reported the committee has been in existence for ten years and received about $200,000 with which they have purchased an art collection for the City, which is now appraised at over $3 million. She gave a slide presentation of some of the art that the committee has purchased. She mentioned one of the main things they have done is create a sculpture garden. Every year, they have a competition that’s national; and this year they had entries from as far away as Connecticut. Sculptures are selected that are then displayed in front of the parking garage for six months, and then they choose at least one piece to go in the sculpture garden. She noted they are having the unveiling of the new sculptures next Friday prior to Gallery Walk at 4:00 in front of the parking garage. She said they will be unveiling the sculpture, introducing the sculptors; and there will be a reception afterwards at Carolyn Taylor’s Gallery. She stated that she has artist friends who told her they are struggling in other parts of the country, and galleries are closing all over the United States. However, in Hot Springs, there are art buyers coming from Texas, Oklahoma, Missouri, Louisiana, and Illinois just to buy art. She then presented two brochures: one is the new arts brochure that gives just a slight feeling for the arts in Hot Springs, and the Arts Committee paid for the photography; and the Advertising and Promotion Commission paid for the printing of the brochure. This will be distributed to tourists who come to town and people expressing interest. The other brochure is the gallery guide, which is printed every quarter by a group of galleries in Hot Springs. There have been a number of studies done on economic development, and one of the things that she wanted to point is that in recent studies, it has been determined that for the last 12 years, cultural tourists who come to Hot Springs for the music festival, Gallery Walk, the jazz festival, and the film festival spend more money per day, per person than any other kind of tourist. She expressed appreciation to the Board for it support of the art community. Director Maruthur stated that she has a collection of the Gallery Walk brochures from the very beginning and asked where she could donate these. Ms. Katchen said that she would check into it. She reported Hot Springs started the Gallery Walk, and that there have been more than 200 consecutive Gallery Walks. She noted that there are now Gallery Walks every month in Little Rock and North Little Rock. She added that Arts Advisory Committee created the first art exhibit at the Hot Springs Civic and Convention Center; and when Little Rock and Fort Smith created their convention centers, they also put in art exhibits. She pointed out that Hot Springs is the trendsetter and is making a wonderful contribution to the State. Director Ramick commented it is impressive that Hot Springs is No. 4 among the 100 best art towns in America and commended the committee. Mayor Bush stated that the City appreciates what the arts community does for the City. City Manager Lance Hudnell introduced Mr. Lance Spicer, City Manager Intern, who has a Masters’ Degree in Public Administration from the University of Arkansas in Little Rock, and has moved back to Arkansas from the Washington DC area. He said that he is glad to have him on the City’s staff. Director Ramick recognized some of the members of the Hot Springs Board of Realtors and thanked them for taking part in city government. He also mentioned that he was proud to be a member of this organization. 5 Board of Directors Announcements Director Maruthur announced there will be the annual Spring Fling on Saturday and Sunday, April 25 and 26; and there will be dumpsters available. One location that she is aware of is at Dell and Park. Also, the first Hot Springs Environmental Film Festival will be held at the Malco from April 24 to April 26. She mentioned this is a collaboration between the Hot Springs Documentary Film Festival, Garvan Woodland Gardens, and the University of Arkansas Botanical Garden located on Lake Hamilton. Prices for nonmembers to attend the film festival are $5 for those 6-12 years and then 55 +. Adults that fit in the other category are $7. She said that members of the Garvan Woodland Gardens Hot Springs Documentary Film Institute are $3 for those 6-12 and those who are over 55. Festival passes for all three days for nonmembers are $35; and for members, it is $25. If those online, it is www.garvangardens.org/specialevents/hotspringsenvironmentalfestivalasp. A presentation was given by Mr. Adam Roberts, Beautification Commission, yesterday, who provided some good information. She mentioned at the work session during the discussion on ethics, she had asked City Attorney Brian Albright if there were any sanctions for violations of decorum. She said that she decided to do a low-tech demerit system called “Peggy’s Politeness Program.” She noted that all of the Directors names are on it and order to be polite to everybody, there is going to be demerit Board of Directors Meeting 3 April 21, 2009 at 7:00 P.M. system, which is very unofficial and low-tech and perhaps the Directors can just all agree to disagree. She also mentioned since there is going to be an Environmental Film Festival, she found the following statement: “People who will not sustain trees will soon live in a world which cannot sustain people.” Director Jones announced that the First United Methodist Church is having a yard and rummage sale on Friday, April 24, from 7:00 a.m. to 4:00 p.m. and Saturday from 7:00 a.m. to 1:00 p.m.; and all the money from this sale goes to the Caring Place. Also on Saturday, April 25, from 1:00 p.m. to 6:00 p.m., at the Transportation Depot, there will be the first Spring Wing Fling, which is to help the Ouachita Children’s Center. She said there will be live entertainment, a chicken wing cook off, chicken wing eating contest, car show, games, live music, etc. She stated the tickets are $5 each or five tickets for $20. She mentioned each ticket entitles the bearer to ten chicken wings at the event, and she is one of the judges. CONSENT AGENDA The Consent Agenda consisted of the following: 6 Public Safety Report (April 7, 2009). 7 Budget Transfer - Tower Warning Light Repair ($4,500). 8 Proposed Resolution No. R-09-82 Approving Certain Bid Awards (a) Lead Based Paint Testing - Planning/CDBG [annual supply contract awarded to Lead Technologies]; (b) Concrete/Cement - Public Works [annual supply contract awarded to C. J. Horner; (c) Weapons and Accessories - Police [awarded to Clyde Armory in the amount of $47,370]; and (d) Banking Services - Finance [annual supply contract - reject and rebid]. 9 Proposed Resolution No. R-09-83 Accepting a Grant from the State Aeronautics Department for Certain Airport Improvements (Rehabilitation of Runway 13/31). Board of Directors Meeting 4 April 21, 2009 at 7:00 P.M. 10 Proposed Resolution No. R-09-84 Accepting a Grant from the State Aeronautics Department for Certain Airport Improvements (Repairs to Taxiway “E” and Taxiway “H.” 11 Proposed Resolution No. R-09-85 Opposing Proposed Federal Legislation Implementing Large Aircraft Security Program. 12 Proposed Resolution No. R-09-86 Extending an Agreement with Regions Bank for the Provisions of Certain Banking Services. 13 Proposed Resolution No. R-09-87 Approving Budget Adjustments for the Parks Department. 14 Proposed Resolution No. R-09-88 Waiving the Field Use Fees for the Senior Arkansas Sports Organization, 2009 Senior Softball Qualifying Tournament, to be Held at Kimery Park on June 11 Through June 14, 2009. 15 Proposed Resolution No. R-09-89 Approving the 2009 Annual Paving Program. 16 Proposed Resolution No. R-09-90 Awarding a Contract to Petit and Petit Consulting Engineers, Inc. For Engineering Services Related to the Mid-America Museum. 17 Proposed Resolution No. R-09-91 Creating an Ad Hoc Ambulance Services Proposal Review Committee. A motion was made by Director Jones, duly seconded by Director Maruthur, that the Consent Agenda be approved. Upon discussion, Director Keheley questioned Item No. 15 (Proposed Resolution No. R-09-89 Approving the 2009 Annual Paving Program) and asked how Public Works Department sets the priorities and ranking these streets for paving. Board of Directors Meeting 5 April 21, 2009 at 7:00 P.M.  Mr. Denny McPhate, Public Works Operation Manager, advised the Public Works Department has an elaborate ranking system done by computer and has a database with all the city streets in it. It includes how many homes are serviced on that street, the condition of the street, the last time it was paved, and calculates the numbers. He explained the department pulls from the top of that list every year from those rankings. He pointed out a home on a single street by itself would be a lower priority than a street that services 15 or 20 in a particular neighborhood. Director Maruthur mentioned that the budget transfer for tower warning light repair, which is $4,500, is a federal aviation requirement. Also Item 13, which is approving budget adjustment for the Parks Department in the amount of $9,613, is a result of Hurricane Gustav. This occurred September 2, 2008, and this is just catching up. She wanted to bring that to everyone’s attention. City Manager Lance Hudnell pointed out there is a substitute resolution on Item No. 16 (Proposed Resolution No. R-09-90), which is correcting some typos. Mayor Bush then called for a vote on the motion to adopt the Consent Agenda; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. NEW BUSINESS Proposed Resolution No. R-09-101 City Manager Lance Hudnell stated at this time, there is a special resolution that needs to be presented, and then read the resolution in full entitled, “A RESOLUTION EXPRESSING CONDOLENCES AND ACKNOWLEDGING THE LIFE AND WORK OF ROBERT E. “BOB” WHEELER.” A motion was made by Director Daniel, duly seconded by Director Jones, that the resolution be adopted as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. Board of Directors Meeting 6 April 21, 2009 at 7:00 P.M. 18 Consider Presentation of Condemnation Resolutions Mr. Bart Jones, Neighborhood Services Administrator, gave a slide presentation on the condemnation resolutions. 18a Proposed Resolution No. R-09-92 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY AT 706 LEONARD,” was taken from the agenda and read by title only. A motion was made by Director Weatherford, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones advised this property has structural, electrical and plumbing damage. He added that this property is vacant, and he does have notification to the owners. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation; and there being no one to speak for or against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 18b Proposed Resolution No. R-09-93 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY AT 513 PLEASANT,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Neighborhood Services Administrator, advised this structure has some roof damage and has been leaking for some time. Also, there is some structural damage. Board of Directors Meeting 7 April 21, 2009 at 7:00 P.M.  Mayor Bush asked if anyone was living in this structure, and Mr. Jones advised there is a gentleman who is camping there. He noted the power is off, but there is water. He stated the City has cited the gentleman to leave, and he has gone to District Court and been fined. However, the City cannot get him out and is trying to place itself in the position to get the utilities completely cut off. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation; and there being no one to speak for or against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 18c Proposed Resolution No. R-09-94 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY AT 402 PULLMAN,” was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Keheley, that the resolution be adopted as read. Upon discussion, Mr. Jones stated that a tree fell on the back of the structure; and there is major structural damage and he did receive good notification to the owners. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation; and there being no one to speak for or against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 18d Proposed Resolution No. R-09-95 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY AT 228 WALNUT,” was taken from the agenda and read by title only. Board of Directors Meeting 8 April 21, 2009 at 7:00 P.M.  A motion was made by Director Daniel, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Jones, Neighborhood Services Administrator, advised this is an open, vacant structure; and there is considerable damage from the roof leaking; the walls are starting to give. He noted that he received good notification to the owner. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. Mr. Reginal Counts, Little Rock, Arkansas, said that he received a letter and questioned what he has to do or how much time he could have to do something. City Attorney Brian Albright advised that the procedure the Board is considering tonight is to condemn the property. However, the normal course is that he will have 30 days in order to obtain a rehab permit if that is his desire to try to rehab the property. He explained if it is his desire to demolish the property himself, he is at liberty to do that. However, if he does neither, then at the close of 30 days, Mr. Jones, through the Planning Department, will get bids for demolition. He advised the City will pay someone to demolish the property, and the City will then file a Lien on the property. He said if he wants to forego the Lien process and do the demolition part himself, he is at liberty to pull a permit for that, or he can rehab it if he wishes to do that as well. Mr. Counts asked the cost for the permit, and Mr. Jones advised that the demolition permits are $15. Mr. Counts then questioned the amount for a rehab permit, and Mr. Jones explained that a rehab permit is based on the value of the job. He added the more work that he has to do to the structure, the higher the cost of the permit. He said it will cost $20 or it could be $200 for the permit. Director Maruthur asked how long the structure has been in this condition and what his plans were for the structure. Mr. Counts stated it was his mother’s property, and he did not know how long it had been in this condition because his mother was working on it. She became ill and then turned it over to him. He mentioned that he had not been checking on it, but one day happened to see some structural damage inside. He said the City sent him a letter regarding the meeting tonight. Director Maruthur explained if the Board condemns the property tonight, he has 30 days to begin a process. Board of Directors Meeting 9 April 21, 2009 at 7:00 P.M.  Mayor Bush called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 18e Proposed Resolution No. R-09-96 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY AT 232 WALNUT,” was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Neighborhood Services Administrator, advised that Mr. Counts also owns this property, and the roof is in worse shape than the structure at 228 Walnut. He spoke to Mr. Counts a couple of weeks ago on the phone after sending him a letter and advised him of the meeting and reviewed the process. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. Mr. Counts said that he wanted to see what he could do on this property and was advised to check with Mr. Jones. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye:” Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 18f Proposed Resolution No. R-09-97 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY AT 901 THIRD,” was taken from the agenda and read by title only. Board of Directors Meeting 10 April 21, 2009 at 7:00 P.M.  A motion was made by Director Daniel, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Neighborhood Services Administrator, advised this is an open, vacant structure and has been in that condition for over a year. He stated the owner has made no efforts to secure the structure, and the roof is starting to leak. Also, there are structural damage problems with the floor system. He said he has received good notification to the owner. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation; and there being no one to speak for or against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 18g Proposed Resolution No. R-09-98 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY AT 100 ALEXANDER,” was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Neighborhood Services Administrator, advised this is an open vacant structure; and the front windows are broken out; the back door is open; and there is some roof damage. He noted the structure has been like this for about two years and became unsecured about six months ago. He added that he contacted the owner and spoke to him in person, but he will not take any action. City Attorney Brian Albright asked that he briefly explain to the Board that the City has a vacant structure ordinance where these matters could be pursued through District Court to cite them for not boarding the property up to secure it. Mr. Jones advised that the City adopted such an ordinance about three years ago, and this ordinance regulates vacant structures. He explained that it is not against the law to have vacant structures, but the City would like for those to be maintained in a way that they do not adversely affect the other property in the neighborhood. He noted that the owner quit taking care of it. Board of Directors Meeting 11 April 21, 2009 at 7:00 P.M.  City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. There being no one to speak in opposition, Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye:” Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 18h Proposed Resolution No. R-09-99 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY AT 217 BOWER,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Neighborhood Services Administrator, reported the structure has been vacant for several years and was secured up to about a year ago. He stated people started going in the back, and the roof is starting to leak. Also, it has some damage to the walls and floors. He advised that he has contacted the owners and made them aware of their alternatives, but they have not taken any action. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. There being no one to speak in opposition, Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye:” Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 19 Proposed Resolution No. R-09-100 Board of Directors Meeting 12 April 21, 2009 at 7:00 P.M.  A resolution entitled, “A RESOLUTION ESTABLISHING A METHOD FOR DISSEMINATING THE ETHICAL STANDARDS FOR THE VARIOUS BOARDS, COMMISSIONS AND COMMITTEES OF THE CITY OF HOT SPRINGS, ARKANSAS, AND APPROVING A NEW APPLICATION FORM,” was taken from the agenda and read by title only. A motion was made by Director Keheley, duly seconded by Director Maruthur, that the resolution be adopted as read. At this time, Director Keheley made an amendment to the resolution, duly seconded by Director Daniel, that Section 2 of the resolution be omitted, which deals with Statement of Financial Interest requirements, and they are to remain the way that state law provides. Upon discussion, Director Maruthur pointed out as she was leaving for the meeting tonight, there was discussion on television about restoring trust and confidence to the government; but they were referring to the United States. She mentioned there is a real trust issue out there, and she feels like anything the Board can do to establish trust and confidence in this community that is within the law and is done in a nice manner, that the Board should adopt it. She stressed that it is a good thing to cross all t’s and dot all the i’s, and gain the confidence of the people in this community. She mentioned Hot Springs is the number one tourist destination, and the City wants people to come here and be able to trust. Director Jones questioned if the amendment is to delete Section 2 completely, and City Attorney Brian Albright advised that is the motion on the floor. Director Jones asked if the Planning Commission and the Civil Service Commission are the only two commissions that will be required to so what the state says, and City Attorney Brian Albright advised that is correct. He added under state law, the Planning Commission and Civil Service Commission have to file a Statement of Financial Interest, but it is always a year in arrears. Director Maruthur asked if this is the changing the current, and was advised that the Board is not. Mayor Bush asked for clarification on the motion to amend, and City Attorney Brian Albright advised that Section 2, as written, required additional commissions, including the Planning Commission, Board of Zoning Adjustment, Historic District Commission, and the Civil Service Commission, to file Statements of Financial Interest. He stated it not only required Board of Directors Meeting 13 April 21, 2009 at 7:00 P.M. them to do it in the way that state law requires it, but it also required them to do it at the nomination process. He added Director Keheley’s motion is to remove that requirement. Director Weatherford questioned what the resolution is doing for the Board, and City Attorney Brian Albright advised that the remainder of the resolution under Section 1 adopts a new application form which asks other questions that are in more detail than what is currently on the application forms. He added that Section 3 requires that any new member to a city board, commission, or committee is to execute and date an acknowledgment of receipt that they have received Resolution No. 3597, which is the city Code of Ethics and the state statute, which is the state Code of Ethics. Director Keheley pointed out this is so every person that becomes a commission member or board member, and she never received any Code of Ethics. She said that she just recently learned that the City had them. She added this is so everyone knows that the City has a Code of Ethics, and they are just going to sign that they have received them. She reported that when the Planning Commission met for orientation, City Attorney Brian Albright did a wonderful job in explaining the Code of Ethics and passing out a copy. She said this is to communicate to these boards the ethics of the City of Hot Springs. Director Maruthur questioned if this is also going to establish continuity in the application form, and City Attorney Brian Albright advised that currently the City uses one application form for everyone, but the proposed form asks for more detailed information than the current one. Director Maruthur pointed out there is going to be continuity because she has seen different applications that were not consistent and difficult to follow. She added this is going to clarify it and assure that the people are aware of this. She said even though they take an oath, this is going to solidify the fact that they are in fact aware of this. Director Keheley commented she wants to encourage the citizens of Hot Springs to come forward and serve the community and volunteer positions. She noted with this application, if they do not get on one, it will list for a second choice. Mayor Bush recognized Mr. Chris Rymers, 111 Squaw Valley Trail, expressed appreciation to Director Keheley for her leadership in suggesting that all boards and commissions be furnished and required to accept receipt of the City and State Codes of Ethics. He requested that the City Code of Ethics be posted on the City’s website, and Mayor Bush advised that it is already on posted. Mr. Rymers questioned if it is also available in handout form Board of Directors Meeting 14 April 21, 2009 at 7:00 P.M. for those who do not have internet access, and City Manager Lance Hudnell advised that it can be obtained from the City Clerk’s Office. At this time, Mayor Bush called for a vote on the amendment; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Mayor Bush then called for a vote on the motion to approve the resolution, as amended; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, Weatherford, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted, as amended. 20 Proposed Ordinance No. O-09-14 An ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 5536 (UNIFORM MUNICIPAL UTILITY BILLING PROCEDURE FOR UTILITY SERVICES) REGARDING CERTAIN FEES,” was taken from the agenda for consideration. A motion was made by Director Daniel, 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 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 Jones, duly seconded by Director Keheley, that the ordinance be passed as read. Ms. Dorethea Yates, Finance Director, advised that several months ago, she and her staff met with Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, and his staff to discuss some of the operating procedures; and these recommendations have come out of these meetings. She noted that the changes that staff is proposing are (1) to abolish the disconnect fee and establish a delinquent processing fee of $20 for all accounts which are scheduled for disconnection due to nonpayment; (2) increase the reconnect fee to $40 to cover the cost of service; (3) establish a second call fee of $30 for situations where the customer creates the need for a second call; and (4) abolish the after-hours reconnection fee and eliminate over-time for service connections requested after 4:00 p.m. She said the City currently charges $20 to disconnect and reconnect a nonpaying customer; and this charge has not changed in over 15 years. In a recent review of the cost incurred by the city for this function, it became apparent that the City was not fully recovering the cost of service. She pointed out there are several objectives to look at when setting rates, and these may include generating revenue, encouraging Board of Directors Meeting 15 April 21, 2009 at 7:00 P.M. or discouraging changes in consumption patterns, covering administrative costs, affordability, public acceptance, and equity. She said public acceptance and affordability are the most difficult to quantify. She mentioned that adequate cost recovery is a necessary condition for maintaining a financially viable municipal utility, and it is extremely important in maintaining the City’s ability to borrow money at attractive rates. She commented while rate-making is not her primary function with the City, she spent a few years as a rate analyst with the Arkansas Public Service Commission staff and testifies before that staff on numerous occasions concerning rate making. She stated that traditional rate making involves identifying costs and then designing rates to recover those costs from customers. She added in looking at the cost of service, the common standard that is used is that rates should be just and reasonable, and rates should not be derived based on an arbitrary or capricious manner. She commented that one method of establishing just and reasonable rates is the standard that rates should not unduly discriminate against any customer or customer class; and in common rate-making practice, this nondiscrimination principle has been interpreted to mean that no customer class should pay significantly more or less for the cost of providing service to that customer class. She said according to what is being discussed tonight, customers who are paying their bills on time should not be required to subsidize customers who do not pay their bills on time according to this principle. Director Jones stated that the Board needs to change it in a way to help the elderly citizens. She noted that everyone is saying that it is too expensive. Director Ramick commented that he did not believe there should be any changes at the present time with the uncertainty of jobs and should not burden the citizens with anything that possibly could cost them more money. He added that he did not necessarily disagree with the plan but did not think it is the right time for it. Director Maruthur reported there was a Park Avenue Community Association meeting last night, and she did get a vote from everybody. She noted there was one person who has tenants, and she saw some value in doing this but changed her mind. She added that she has received nothing but negative phone calls regarding this item. She commented there has been a lot of language used; and if it were put to a vote, which would be a tax, she does not believe it would pass. She stated the Board is representing the citizens, and the Board is to regulate this fee. She questioned if this is a fee or rate, and City Attorney Brian Albright advised that it is a rate. Director Maruthur pointed out it is charging people more money, and it is without a vote, and citizens are going to turn to their representatives for protection. She noted it is the “little guy” who is going to get hurt, and it is the person who cannot pay their bill now. She commented that she received numerous comments about the billing, and some citizens suggested Board of Directors Meeting 16 April 21, 2009 at 7:00 P.M. changing the format of the bill. She pointed out they were paying the gross instead of the net because of the way the bill was comprised; and also at the bottom of it, it says “zero.” She added they also brought up the time frame in which they had to pay the bill; and if the letter carrier puts the bill in someone else’s mailbox, and they did not meet that window of opportunity to pay their bill, their water would be shut off. She mentioned this happened to one of her constituents, and they are excellent customers with good credit ratings. She said this is a bad time to put this on the people who can lease afford it. Director Weatherford questioned how much money this will generate, and Ms. Yates, Finance Director, replied that it would probably generate around $100,000 a year. She added that the City is probably cutting off an average of 20 people a cycle, and there are 18 cycles in a month. Director Weatherford asked if these are the customers the City has to cut off every month or every other month, and Ms. Yates replied that they are. She explained that the City is doing a lot of diligence before cutting customers off. She said that staff reviews the list extensively, and the list of people that are actually overdue will start out around 150 to 200 per cycle. The City then pares that list down to about 20 people. Director Weatherford stated the City is discriminating against those people who cannot pay their bill, and he is sure they would be paying their bill because they have to have those services. However, the City is now wanting to discriminate against those who cannot pay that bill. Mayor Bush said he disagreed with that and does not think the rest of the citizens should pay their bill. Director Weatherford stressed that he is not saying others should pay their bill, and Mayor Bush questioned who is going to pay it. Director Weatherford replied that once the water is cut off, it is cut off; and they are not coming back in; and Mayor Bush commented they are if they pay their bill. Director Keheley questioned if the City serves a final notice to let the customer know they are going to be cut off, and Director Weatherford replied that it does not. Ms. Yates added that a decision was made a number of years ago that the City would not give notice. Board of Directors Meeting 17 April 21, 2009 at 7:00 P.M.  Director Keheley asked if the billing reflects what is going to happen if the customer does not pay their bill, and Mayor Bush stated it is on the bill if they do not pay their bill, there is a disconnect date. Director Daniel said that he agreed with what the Water Department is considering, but he does not believe this is the time to do it. He stressed that the City should try to make it fair for all. He pointed out that today he looked for a drop box and could not find one outside the Bill Edwards Financial Center. Therefore, if a customer wants to pay a bill over the weekend and the gate is locked, they will have to find a drop box. He urged the Board to reconsider this ordinance. Ms. Yates stated there are a number of approaches that can be taken, and she welcomes input from the Board on the correct approach. Director Maruthur pointed out there is a need for changes, which includes the format of the bill, the notification process, and also possible scheduling because so many people have lost their incomes; and the City really need to work with the people. She mentioned she would like to see this addressed at a work session strictly for this issue. Mayor Bush commented in his opinion, he did not think the rest of the citizens of Hot Springs should pay for those who cannot pay. He expressed sympathy for those who have lost their jobs and cannot pay. However, he did not want the City increasing his bill $5 a month to take care of someone else. He pointed out that is called socialism, and he disagrees with that. At this time, Director Jones read the following e-mail that she received, as well as the other Directors: “Directors, I’m never late on my bills. They are priorities with me. I’ve been blessed with enough salary to cover my living expenses; however, when I read the article in today’s newspaper, I was immediately concerned about those who are struggling in today’s economic situations. Why give them more obstacles to overcome? I understand that there may be several customers who are simply late because they chose to be irresponsible, but I am concerned about those who are sincerely trying to keep their heads above water. Would not this new fee make it more difficult for those families? Unless the city desperately needs this additional fee, please consider voting down this increase in late fees.” Director Jones advised that she has received about 20 e-mails today. City Manager Lance Hudnell pointed out this is not meant to be staff versus the Board; and in regard to all of the things that go into rate-making, the last two were the Board’s decision, which is the reason this is before the Board. He advised that it is staff’s responsibility to bring to the Board what the rates are designed to do. He added if the Board chooses to go a different way, Board of Directors Meeting 18 April 21, 2009 at 7:00 P.M. that is the Board’s choice. He stressed it is the Board’s policy decision, and staff is only bringing it to the Board’s attention. Also, he clarified that possibly because there is some misconception, the City’s water system is probably is one of the few utilities that has a two-month cycle on cutoffs, not a one-month cycle. He said when talking about notice, customers do not get cut off after their first month not paying their bill; they get cut off after the second month of not paying their bill. Finance Director Dorethea Yates advised during the work session, it was discussed that the City did change that about five years ago. However, in the last year, in reviewing accounts for customers that have been on the system for more than six months, the City does not cut them off unless they are two months past due. Director Maruthur recommended that the Board have a work session and open to the public to address this issue. Director Jones asked if she wanted the work session televised, and Director Maruthur said she would be in favor either way. City Manager Lance Hudnell reiterated this is a policy decision for the Board. At this time, Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “no”: Directors Maruthur, Jones, Weatherford, Ramick, Daniel, and Bush, total 5. Voting “yes”: Director Keheley and Mayor Bush, total 2; motion failed. Whereupon the ordinance was declared failed. OTHER BUSINESS 21 Consider Citizen Items 21a Request from Mr. Bob Driggers for Action Item to Include Vote of the Hot Springs Board of Directors (Vote to be FOR or AGAINST Allowing a Public Comment Session During Public Meetings of the Hot Springs City Board of Directors). Mr. Bob Driggers, #3 Stonegate, stated that he was at the last Board Meeting speaking on this same item, but it was not an action item for whatever reason at that time. He said it was also pointed out to him and the public that there was already a comment section or procedure Board of Directors Meeting 19 April 21, 2009 at 7:00 P.M. where the public can speak to the Board. However, the current policy is somewhat misleading because when reading the preface to the agenda items now, it states that anyone can sign up to speak on any agenda item. He commented that at the last meeting and this one meeting, his item and all items following do not have a sign-up sheet; therefore, that is not entirely correct. He stated his point has been for a long time that if these are fit to be called open meetings and if they are to be called public meetings, citizens should be allowed to speak. He noted that an individual told him that they thought it was unconscionable and probably a violation of the First Amendment Freedom of Speech. He advised that he did research and learned from a Mr. Gripps, who is with the Freedom of Information Council and is an advocate for open government, that government bodies are not required by law to allow the public to speak during meetings. However, he did say that there is certainly no law or statute against it. He commented for the sake of healthy democracy, governmental bodies should always make sure they are allowing people to share their thoughts. He noted as elected officials in the spirit of the democracy, allowing time for public participation in a public meeting is not only appropriate but is to be strongly encouraged. He advised that upon reviewing 20 different municipalities, it was discovered that most of them put the comment periods at the beginning of the meetings; but most of them also put time limits on the speakers; and they have them register and list the topic ahead of time. He added a few of them actually put it at the end, and they typically give more time. He said most of the ones he personally knows about give speakers five minutes but is limited to 15 minutes, which means three-speaker maximum. He urged the Board to allow the citizens to speak at public meetings. City Manager Lance Hudnell responded that the Board has a form that citizens are asked to fill out one week prior to the Board Meeting if they desire to speak to the Board about any topic. Then that is considered at the Board’s agenda meeting for placement on the agenda. He commented if anyone wishes to speak, they may pick those up in the City Manager’s Office, City Clerk’s Office, or on the City’s website. He added that in regard to the action part of that, it is strictly up to the Board as to what action the Board may or may not take with regard to an action that someone comes and speaks. He said the form gives the person the right to come and speak. He explained it is then up to the Board whether to direct staff to bring something back at another meeting; whether a Director wants to take that and sponsor a resolution from it at a later meeting; or whether the Board desires to take action at that meeting. Director Maruthur asked for clarification since Mr. Driggers has been before the Board several times, but this time she sees “action item” stamped on the form four times. She said that she assumes it says “requires a vote this time.” She stated she had asked at the last meeting when he requested for this if the Board could put together something structured, such as three minutes for a person to express something that they feel strongly about and wants to address the Board and limiting it to three people. She stressed that she is in favor of it and is not concerned Board of Directors Meeting 20 April 21, 2009 at 7:00 P.M. about what someone might say. However, she said there have to be rules and regulations regarding language and people getting out of control. She pointed out that could happen on any item that is on the agenda, but the Mayor and security would deal with that issue. She said she is going to support this because it would be structured according to what the City Attorney would put together and would remedy any accusations that the Board is not transparent and open to the public. Director Keheley commented that allowing the citizens communication is important, and the Board welcomes it, but there has to be structure and a plan where there is an adequate time for the citizens to present any opinion or any point they want to make. However, the Board must be able to conduct the city business in a timely and orderly fashion. She recommended that this item be tabled and put out for discussion at the next Board work session. City Attorney Brian Albright advised that procedurally he did not think that tabling is necessary because currently there is no motion on the floor to adopt anything. He explained that is kind of the distinction between something coming from a citizen as an action item versus something being set on the agenda by the Board because nothing gets any action unless the Board makes a motion to approve; it gets a second; and then they vote. He added unless the Board makes a motion to adopt something, then there is no action to take; and since there is not a motion on the floor yet to adopt it, a motion to table is not yet appropriate. Director Keheley recommended that the Board together collectively discuss it at a work session. City Manager Lance Hudnell stated that staff will place that item on the next Board work session unless he hears any objections to that. Director Maruthur said she would like to have the water issue on the work session also. City Attorney Brian Albright advised that the Board will be considering the next item unless there is a motion and second to adopt something. He pointed out there is nothing to vote up or down unless there is a motion to adopt and a second. Director Maruthur commented this is kind of going around in a circle because that was the precise discussion that the Board had at the last meeting. She said she would be willing to make a motion that the Board adopt this at a subsequent meeting and fine tune what the structure would be at a work session. Board of Directors Meeting 21 April 21, 2009 at 7:00 P.M.  City Attorney Brian Albright advised until the Board establishes the structure, it does not know what it is voting on. Director Maruthur pointed out that is why she asked if the Board could do that before, and City Attorney Brian Albright said that he believes it is a very appropriate course of action. At this time, a motion made by Director Maruthur that the Board adopt an open forum with a structure to be determined at a work session. Mayor Bush called for a second; and there being no second, the motion died for lack of a second. At this time, a motion was made by Director Keheley, duly seconded by Director Maruthur, that the Board discuss the structure of a public comments session at a forthcoming work session; and upon roll call, the following voted “aye”: Directors Maruthur, Keheley, Weatherford, Daniel, and Bush, 5. Voting “no”: Directors Jones and Ramick, total 2; motion carried. 21b Request from Ms. Diane Silverman to Allow the Public to Speak on Any Item on the Agenda Regardless of Who or Why It is Placed. Ms. Silverman had left the Board Chambers and did not make a presentation. 21c Request from Mr. Ted Burhenn Regarding New Water Treatment Plant. Mr. Ted Burhenn, 318 Trapp Mountain, commented at the last Board Meeting, the Board approved the $75,000 study for the final location of the input for the new water treatment plant; and he had made the comment that perhaps that was the only location being considered. He pointed out that Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, corrected him and said the City has been considering many locations. He stated there is only one location that is seriously being considered, and the first thing the City needs to do is determine the need. He mentioned that City Manager Lance Hudnell has expressed in a news letter that the City is looking at rate increases and looking at lack of production that is needed. Mr. Burhenn stressed the first thing the City needs to do is find out what happened to the water of about a year ago when 43 percent of it was being missed – either misplaced in the accounting process or lost in the pipes. He said if that is fixed, there may not be a need; but assuming there is a need, the location needs to be considered. He pointed out that Hot Spring enjoys probably the best quality of water anywhere in the state because it is from Lake Ouachita, which is the cleanest lake in the state. However, now another location is being considered by Carpenter Board of Directors Meeting 22 April 21, 2009 at 7:00 P.M. Dam, and it is clean water; but it is not the quality of water that is at the top of the lake. He mentioned that the Mid-America Water Alliance has 20 million gallons a day that is available at the elevation of Lake Ouachita, which is 578 feet; and if this site were selected, the City would have the cleanest water and would reduce the cost of construction. In addition to that, the City would have the water pressure and would not have to pump anything anywhere but would come down by gravity. He said all the City has to do is go to Jackson and convince the Corps of Engineers that the City can have that water. He noted if the City cannot get the top of the dam, it could go to the bottom of the dam; and at the later date, the City is allowed to draw out of Ouachita. He stated the City could siphon it out of Lake Ouachita and get the high quality of water it is used to. He said the engineering has already been done, and there is discussion about $3 million for initial engineering. He said when talking about total engineering and figuring in engineering standards, that is a lot more money. He commented this would be $180 million project, but that is not the amount of project that is being discussed but is about $70 million, which is too high. He mentioned if the plant is put down at the bottom end of the lake, there are only two pipes there – one going across the bridge and one staying on the South side of Carpenter Dam, which are 12-inch pipes. He said they cannot handle the quantity of water that is needed to supply Hot Springs. Therefore, the City cannot duplicate and get rid of the other plant even for a shut down; so it only handles about one-fifth of the total amount of water that the City can handle, which means there is need for a new infrastructure. He commented these questions need to be brought up by professional engineering groups. He stated there are many people in Hot Springs who are retired engineers, including himself, and Mr. Milton Raabe, who is well respected. He said they can deal into this process and come up with some recommendations and some questions that should be brought back to the Board. He urged the Board to consider a committee or a commission, even a temporary commission, to study this, pointing out this is a bigger job than one engineer can handle. Director Maruthur questioned if there would be a better source of water and how much money would he guess that would be saved if an ad hoc committee were to review this. Mr. Burhenn replied that he is making an estimate of at least $20 million would be saved, possibly a third or fourth of the total cost of the entire project. Director Maruthur questioned the sources, and Mr. Burhenn said it would be Lake Hamilton; and he would like to see the source come off of Lake Ouachita because there are 20 million gallons a day available at that location. He pointed out there has to be approval from the Corps of Engineers, and somebody has to go to Jackson. He mentioned there are retired engineers who were instrumental in EPA rules in Louisiana and have returned to Hot Springs to retire, such as Milton Raabe. He added there is no conflict of interest because the retired engineers are not involved with the present engineering that is going on with this new proposed plant. He mentioned that he had asked questions, but I did not get any answers. He repeated that Board of Directors Meeting 23 April 21, 2009 at 7:00 P.M. one of the questions he asked was why the existing plant was not going to be closed and was told that once or twice a year, there is a very turbid situation when they start slowing down and allowing the water into the lake for an anticipation of a storm and the water becomes turbid. He said that he commented that the polluted water from mud and whatever finds its way down to the other end of the lake and was told they were going to build a plant down there that can handle that. He pointed out if a plant can be built down there that can handle 180 days of the year, then they can build a plant up here that only does it two or three days a year, Director Maruthur asked if he were recommending that before entering into this, that a committee be formed to go to the Corps of Engineers and possibly save $20 million. Mr. Burhenn said he believes it is possible, and he has spoken to some engineers who are more knowledgeable than he is; and they feel convinced that given changes of the plan here, just a minor change in location, a significant amount of money could be saved. City Manager Lance Hudnell reported that Mr. Mallett is in Texas reviewing four plants. He stated the City’s goals are to look at its water supply over the next 50 years, and the Board has held a couple of work sessions on it and will have many more before any final decisions about any placing of the plant is decided. He noted the City is looking toward the South end of the lake as the most feasible one at the moment, and there are many alternatives that have been evaluated thoroughly and will be evaluated again before the Board makes any decisions. He said a decision has to be made about what the City is going to do for the next 50 years. He stated one of the aspects of that is the unaccounted for water which does make a big part. However, that is the short-term solution; and the City is counting on that getting it through until a new plant is built. He advised that getting the unaccounted for water under control is what is going to give the City enough capacity in that interim time; therefore, that is the short-term measure, not the long-term measure. He explained the Board will have to deal with many issues which will be fully explained with regard to the MAWA situation, the Corps of Engineers, and those applications have already been made. He mentioned the City’s desire is for keeping that as an open option, and it has already been made. He pointed out that was the No. 1 choice originally until the Corps got into the “flood pool versus the power pool,” and the supply there became limited very quickly. Therefore, the City cannot count on that source, although the City has made application so it does not get shut out from that alternative, tut all of those things will be coming back to the Board probably within the next month. Also, there will be more public hearings. He pointed out there were more issues than what Mr. Burhenn mentioned with regard to the water from Lake Hamilton below the dam; there is also the lack of depth there and other things. He advised the City almost got in trouble when the lake was lowered a year or two ago, noting the City had to talk them into not lowering it as low as they were planning on because they were about to get below the intake structure, which they cannot do. He noted that he Board of Directors Meeting 24 April 21, 2009 at 7:00 P.M. respected and appreciated Mr. Raabe’s opinion very much. He commented the Board will be reviewing some very critical information next month. There being no further discussion, Mayor Bush called for the next item of business. 21d Request from Ms. Suzanne Tucker to Address the Board Regarding Inaccurate Statements Made Regarding Her Application as a Historic District Commissioner. Ms. Suzanne Tucker read a prepared statement expressing appreciation to the Board for serving and said most of the people are not city residents and use this format to publicly ridicule the Directors about different issues, and much of the ridicule is not even based on the issues being discussed. She said several citizens at the last Board Meeting made accusations about specific Directors and subsequently asked them to resign. She commented while it is their constitutional right to express their opinions, she is not sure this is the proper forum to do it, and personal accusations are made about individuals with no regard for their families or friends and their feelings. She noted that some of these are not factual. She stated she applied for an opening on the Historic District Commission, and Mr. Driggers told Director Ramick that there was a conflict of interest if he voted for her since Director Ramick had sold her property, which is not true. She commented it was a fabricated statement by Mr. Driggers to embarrass and ridicule Director Ramick in a public forum. At this time, she asked that Mr. Driggers apologize to Director Ramick. Mr. Driggers pointed out that he was misquoted and did not make a statement about anyone by name from the podium. He commented after Director Ramick asked him for the name of the person he was talking about who owned property in his development a fourth time, he told him who it was. He said that he assumes Director Ramick is the registered agent for Catalina Island Hospitality, TRACO Development, LLC, and RRT Hospitality, LLC. Also, he said he would not apologize for anything he said tonight. At this time, Director Ramick pointed out this has nothing to do with Ms. Tucker’s request to apologize. Mr. Driggers stated that Director Ramick owns around 20 lots at Lakeview Courts, and Ms. Tucker also owns Lots 1, 2, 3, 4, 5, 5A of Lakeview Courts. Therefore, it appears to him that she has property in his development. He pointed out it does not seem appropriate, and his only point was to disclose those matters. Mayor Bush then called for the next item of business. Board of Directors Meeting 25 April 21, 2009 at 7:00 P.M. 21e Request from Ms. Laurie Rushing, President of the Hot Springs Board of Realtors, to Address the Board with a Positive Message in Response to a Comment Made by a Director at the Last Board Meeting Regarding the Exclusion of Realtors and Developers from Participating in the Local Political Process. Ms. Lori Rushing, speaking on behalf of the Hot Springs Board of Realtors, located at 437 Orange Street, was recognized and said it was brought to their attention at the Hot Springs Executive Committee and Board of Directors that several statements have been made in recent meetings regarding the realtors, the positions they hold, and their conflict of interest within the city government. She commented it disheartens their organization to know that groups of people do not recognize the fact that realtors in this community have made and will continue to make outstanding contributions to the City and the community. She added since 1921, the Hot Springs Board of Realtors has continued to keep the best interest of the City at heart. She stated the Hot Springs Board of Realtors engages in numerous community service activities, including providing a yearly fishing derby for the Special Olympics; Habitat for Humanity; and an annual Coats for Kids drive. She noted that over the past six years, realtors have come together to raise funds and distribute over $70,000 worth of food for the needy families within Hot Springs and Garland County through the Cans for Kids program. She mentioned that the National Association of Realtors and the Arkansas Realtors Association strongly encourage their members to become involved in government at the local, state, and federal levels. She stated that realtors are also bound by a Code of Ethics, which is strictly enforced within the State of Arkansas. She advised according to the Arkansas Attorney General’s Office, a licensed real estate agent may serve as a member of a city planning commission, subject to the condition that the commissioner must not participate in making decisions that might constitute a common law conflict of interest. Also, when a common law conflict of interest is present, it may be Board of Directors Meeting 26 April 21, 2009 at 7:00 P.M. appropriate for the affected public servant to abstain from participating in any decision making procedure. She said as stated in the National Association of Realtors Code of Ethics, the term “realtor” has come to imply competency, fairness, and high integrity. She said the Board of Realtors is requesting that the Board recognize the importance of and continue the support the roles of realtors in the City of Hot Springs government. Director Maruthur stated in this climate, the Board is looking for people who are knowledgeable, and realtors are knowledgeable about setbacks, rules and regulations, the International Building Code, etc. She commented if people are going to recuse themselves, they should also refrain from trying to influence other people on the Board or other people they know from doing something that could perpetuate a conflict of interest; and no one that she knows has cast aspersions on the realtors. She expressed appreciation to the realtors for their service to the community. 22 Board of Directors Items for Discussion There were no Board of Directors items for discussion. 23 City Manager’s Report City Manager Lance Hudnell gave the following report: 1. The First Spring Fling is this weekend, and citizens may bring unwanted items to roll-off containers placed throughout the city this Saturday and Sunday, April 25 and 26. 2. The Parks and Recreation’s Art in the Park Festival has been selected an official AAA (Triple A) Southern Travel Treasure for its appeal to the typical Triple A member and has been featured in their most recent magazine. 3. The Wastewater Division’s odor control fogging units were in the June issue of Waterworld magazine. Board of Directors Meeting 27 April 21, 2009 at 7:00 P.M.  4. The sculpture unveiling will be not this coming Friday but Friday, May 1, at 4:00 p.m., in front of the Parking Plaza, which is the time of Gallery Walk. 5. He expressed appreciation to Paula Brown, Terri Phillips, John Lewis, Phillip Smith, and Peggy Hamper in regard to their assistance in helping citizens sign up for CodeRED and have had over 2,000 citizens sign up in the last few days. Citizens may sign up by calling 321-6861 or going to the City’s website. A thank-you was received commending John Mudder, Sr., John Mudder, Jr., and John Williams, Sanitation Department. He expressed appreciation to Sanitation Director Bill Burrough and his supervisors for encouraging customer service. 6. Prior to the next Board Meeting, there will be a special VIP reception in the Board Chambers from 5:30 p.m. to 6:30 p.m. There was a group that went to Hanamaki to study cooking arts, and they will come prior to the next Board Meeting and prepare some of their food. 7. He and Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, will be in Dallas tomorrow meeting with the EPA Regional Office and the City’s rate consultant. 8. There is a citizens group that will be helping with an ad hoc committee on the ambulance services proposal that the Board appointed tonight, and that will be coming back to the Board for approval. Director Maruthur reiterated that the number to sign up for CodeRED is 321-6861. Also, there is an account set up at Regions Bank for deceased firefighter Gene Yarborough. 24 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:30 p.m., to meet again on Tuesday, May 5, 2009, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 28 April 21, 2009 at 7:00 P.M. Board of Directors Meeting 29 April 21, 2009 at 7:00 P.M.