Board of Directors
Regular MeetingHot Springs, AR · October 20, 2009
Minutes
MINUTES
BOARD OF DIRECTORS MEETING
OCTOBER 20, 2009, AT 7:00 P.M.
The regular meeting of the Board of Directors was held on Tuesday, October
20, 2009, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding.
The invocation was given by Ms. Sue Hall, 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, Pat McCabe, 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; and upon voice vote, the motion unanimously carried.
3 Approval of Minutes of August 25, 2009 and October 6, 2009 Board
Meetings
A motion was made by Director Jones, duly seconded by Director Maruthur, that
the minutes of the August 25, 2009 and October 6, 2009 Board Meetings be approved;
and upon voice vote, the motion unanimously carried.
4 Recognition of Guests
Ms. Cheryl Batts, chairperson for the Community Development Advisory
Committee, was recognized stating she serves on the committee with Terri Holstine,
Willie McCoy and Charles Smith. She explained the function of the committee is to
provide recommendations to the Directors in awarding grants to subrecipients, applying
rules, recommendations and policies and procedures for developing criteria for
awarding the federal funds provided. She noted that Hot Springs became a CDBG
entitlement city in 2004, and the funds to-date are $2.3 million. She said their first
priority is housing rehabilitation, owner-occupied homes, following low-to-middle income
federal guidelines; and an example of that is one family member making $26,800 a
year, which would be an income limit for that. She mentioned some of the
accomplishments of CDAC are rehabilitating homes, spending about $1.3 million and
working on sidewalks in Districts 1 and 2. She showed photos of the Whittington
sidewalk project where monies were used to take the project to one point, and then the
Whittington Neighborhood Association applied for $25,000. She said with that CDBG
money, they took the sidewalk down to the Whittington National Park. She stated their
future objectives are to plan for more public participation, incorporate other
organizations within the community to expand the list of needs, and to seek grants for
education for the CDAC members so they can operate more effectively in its advisory
capacity to the Board.
Director Keheley mentioned that she and Director Ramick visited one of Hot
Springs’ newest housing communities during a recent Chamber of Commerce ribbon
cutting at the Forest Lakes Subdivision. She recognized Mr. Robert Malt and his wife,
Julie, for their vision and contribution to Hot Springs.
Mr. Robert Malt stated that he and his wife live in Hot Springs full-time and build
in five states, but the people in Hot Springs are the friendliest. He commended the
Building Department, Planning Department, and Ms. Kathy Sellman, Planning and
Development Director, for their assistance. He said the community is extraordinary to
work with, and he is passing that on in their marketing and advertising. He added there
are a number of people who are looking to relocate, particularly from states where they
have an insolvency in their economics. He stated there are people who have moved
from California and were concerned about staying in California. He pointed out that
Arkansas is one of six states that has a balanced budget; and Hot Springs has the
necessary means to sustain itself, which is something people need to know. He said
that he had a request about six months ago from a publication “Where to Retire”
wanting to do a story with some positive information, which developed into the Travel
Channel coming to Hot Springs two weeks ago and doing a story on Hot Springs. He
noted they were in Hot Springs for two days and had assistance from Mr. Steve Arrison,
executive director of the Advertising and Promotion Commission. He said this will
probably be aired the first quarter of next year.
Director Ramick expressed appreciation for what he is doing for the City, as far
as the tax base and employment.
Board of Directors Meeting 2 October 20, 2009, at 7:00 P.M.
Director Keheley pointed out that Mr. Malt has been here only 2 ½ years and
has done a lot for the community.
5 Board of Directors Announcements
Director Maruthur acknowledged the loss of an employee who passed away the
last few days, Mr. Wiley Tuggle; and the family is in the Board’s thoughts and prayers.
Director McCabe reported he has been in contact with the Department of Health
today regarding the HINI virus; and as of 10:33 this morning, there have been 768
cases of confirmed HINI in the State of Arkansas. He stated those are just reported
cases that have been actually tested and confirmed. He reported there have been ten
deaths in the State of Arkansas and seven pregnant women on ventilators in the State
of Arkansas. As this vaccine becomes available, he said it is important for those in the
age group that is identified at risk to confer with their physician and make a decision
whether that is something they need to follow through with. To a degree that he can get
updated information, he will provide those at a later date.
Mayor Bush stated that four-year old granddaughter in Little Rock had the virus,
and a couple of weeks ago she was isolated for three or four days but is okay now.
Director Maruthur mentioned that the flu vaccine will be available at the Hot
Springs Civic and Convention Center on October 30, and HINI vaccine will be available
in November; but the exact date is still pending. She stressed it is recommended that
people wash their hands and not shake hands.
CONSENT AGENDA
The Consent Agenda consisted of the following:
6 Public Safety Report (October 6, 2009).
7 Proposed Resolution No. R-09-228 Approving Certain Bid Awards (a) Top Soil
- Public Works [annual supply contract awarded to Tommy Mitchell, Inc.]; (b)
Continental Blower - Utility Administration (reject and rebid); and (c) Lot
Board of Directors Meeting 3 October 20, 2009, at 7:00 P.M.
Clearing and Cutting - Code Compliance [annual supply contract awarded to
Tru-Cutt Lawn and Maintenance].
8 Proposed Resolution No. R–09-229 Accepting a Grant from the U. S.
Department of Justice Pursuant to the Bureau of Justice Assistance, Bulletproof
Vest Partnership Program.
9 Proposed Resolution No. R-09-230 Appointing Carole Katchen, Davis Tillman,
Carolyn Taylor and Shea Childs to the Arts Advisory Committee.
10 Proposed Resolution No. R-09-231 Appointing Byron Cole Rhodes and Dieter
Daniel Lewin to the Community Development Advisory Committee.
11 Proposed Resolution No. R-09-232 Appointing Kenneth Schildgen to the
Towing Service Advisory Committee.
12 Proposed Resolution No. R-09-233 Appointing Sandy Hatch to the Animal
Services Advisory Committee.
13 Proposed Resolution No. R-09-234 Confirming the Appointments of David
Longinotti, Dianna Bratton, and Charles Moore to the Advertising and Promotion
Commission.
14 Proposed Resolution No. R-09-235 Approving a Street Name Change from
Westridge Lane to Discovery Bay Lane.
15 Proposed Resolution No. R-09-236 Authorizing the Filing of a Grant Application
with the United States General Service Administration (USGSA) “Good Neighbor”
Grant Program.
16 Proposed Resolution No. R-09-237 Awarding a Contract for Engineering
Services to Jacobs Engineering Group, Inc. for Traffic Signal Coordination,
Phase II.
Board of Directors Meeting 4 October 20, 2009, at 7:00 P.M.
A motion was made by Director Jones, duly seconded by Director Daniel, that the
Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors
Maruthur, Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 7; motion
unanimously carried.
NEW BUSINESS
17 Request from Tom Talsma Regarding Stimulus Package for Hot Springs
Businesses
Mr. Tom Talsma, 111 Brenda Street, said he has a drive-thru barbeque business
on the corner of Albert Pike and Airport Road; and there are problems he has had with
ordinances that he did not know he was violating at the time. He stated every time
somebody complained, he came into compliance; but the manner by which he was
notified was a letter in the mail threatening a $250 fine and other proceedings against
him if he did not take care of it. He mentioned that he has come in contact with several
other people who have had similar experiences with the Code Department on the Sign
Ordinance. He commented he has tried radio and advertising in the newspaper, but
nothing has been quite as effective as a person going out on the side of his parking lot
waving at people and holding up a special sign. He stated the Pizza Hut claims that it
brings in more business holding up a sign than any other advertising. He requested
that certain sections of the Sign Ordinance be suspended for a while, which would help
him, Pizza Hut, J’s Italian Villa, and Stoddard Pets. He pointed out that he has been told
it has been someone from the City who has complained; and if the average citizen does
complain, he does not understand why there would be a problem to suspend the
ordinance for a certain time period. He said they have to pay $25 for a 30-day permit to
hold a sign up and can only do it three times a year. He mentioned that J&S Italian
Villa had a van parked down by the road with the business name on it and arrow
pointing up because he is out-of-sight on the hill, and he received a letter saying the
City is going to fine him if he does not move his vehicle.
Mayor Bush asked action did he want the Board to take, and Mr. Talsma said the
City can still control it by requiring him to get a permit each month; but it does not cost
Board of Directors Meeting 5 October 20, 2009, at 7:00 P.M.
anything to suspend it for a while. He urged the Board to suspend the enforcement of
the Sign Ordinance for a certain period of time.
Director McCabe said he spoke with Mr. Talsma earlier today, and he believes
there is something the City might be able to do; however, he cannot promise anything.
He stated that he would like to talk with Ms. Kathy Sellman, Planning and Development
Director, and the staff.
Mr. Jamal Askhami, owner of J&S Italian Villa, mentioned he has two signs in his
parking lot and does not advertise. He stated the only thing the sign says is “Cautious,
Two-Way Drive,” which is for the safety of his clients. He commented the City would
not allow him to replace those signs without the permit, and no one wants to hang it up
for him until he gets a permit and has a sign company to hang it up.
City Manager Lance Hudnell suggested that he call Ms. Sellman or him
tomorrow, and he will explain the special provision for directional signs set out in the
Code Book.
Director Maruthur said that both of these issues are quite different, and one is a
matter of total visibility. She stated she has always been in favor of directional signs,
especially when it came to medical, veterinary, or church signs. She expressed
concern about distracted driving and anyone waving a sign and causing an accident.
She pointed out this could be an insurance issue and suggested that this be referred
to the Planning Commission for review. She noted that both of them need to be
considered since they are very different.
18 Proposed Resolution No. R-09-238
A resolution entitled, “A RESOLUTION AUTHORIZING THE OFFERING OF
WASTEWATER REVENUE BONDS TO FINANCE WASTEWATER SYSTEM
IMPROVEMENTS,” was taken from the agenda and read by title only.
A motion was made by Director Daniel, duly seconded by Director Ramick, that
the resolution be adopted as read; and upon roll call, the following voted “aye”:
Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 7; motion
unanimously carried. Whereupon the resolution was declared adopted.
City Manager Lance Hudnell pointed out there were representatives from the
Friday Firm and Stephens, Inc. present and appreciated their attendance.
Board of Directors Meeting 6 October 20, 2009, at 7:00 P.M.
19 Proposed Resolution No. R-09-239
A resolution entitled, “A RESOLUTION ADOPTING A STATEMENT OF
SUPPORT REGARDING HOT SPRINGS PUBLIC SAFETY CAPITAL
IMPROVEMENTS,” 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, Fire Chief Ed Davis said the issues of future capital purchases
for the Fire Department have been a major concern to him and the fact that there has
been a lot of the City’s capital going out in support of the closed pension plans. He
pointed out the City is facing a large debt in that area that has to be met. He noted the
Fire Department’s role in the community is to protect the lives and property of its
citizens, and the only way they can do that and ensure that is to have the equipment
and facilities to be able to carry on their mission. He submitted a proposal for the Fire
Department to provide capital purchases over the long-term to be able to replace some
fire stations and also replace some fire apparatus and be able to man a fire station near
the Hot Springs Mall. Working in conjunction with the Police Chief, they have coupled
the needs of the two departments. He noted the Police Department’s need for a voice in
data communications is acute and will begin to cause severe problems as far as public
safety; and the Fire Department’s communications system at some point in time in the
future, around 2015, will also be in similar shape. He said they are asking the Board to
approve a resolution that would support the Fire Chief and Police Chief forming a task
force or committee to explore the process of bringing about a proposal to the public that
would fund these capital improvements for Police and Fire. He recommended they do
the largest amount of it, which in three years, a 5/8 cent tax that would sunset and then
a 1/8 cent tax that would be retained over a long period of time, possibly 20 years, to be
able to fund the needs of the Fire Department. He stated if they sunset this in three
years, that money will be available for other projects, whether it be a project for the
County that they might want to pursue the jail or a project for the City if it had something
else it would want to pursue. He then gave a slide presentation on the fire stations in
question (Station No. 3 at 758 Park Avenue, Station No. 4 at 523 Airport Road and
Station No. 7 at 1311 Golf Links Road, which were all built in 1967). He explained
these stations were built in response to the replacement of existing fire stations that
were built in the early part of the 20th century. These stations were two-story, masonry
construction. In 1967, the City undertook a program to replace them and replaced
Board of Directors Meeting 7 October 20, 2009, at 7:00 P.M.
them with woodframe structures, similar to the one located on Golf Links Road. This
station has had numerous problems associated with the foundation, also with the roof
and some plumbing problems. The station is very small, and the design of this station
incorporates features that were not really intended to go together from an engineering
standpoint. It incorporates a flat roof and a pitched roof. The flat roof drains onto the
pitched roof, and there is a problem with water stagnation on top of a flat roof. Also,
there are foundation issues. The City has taken rudimentary measures to try and
stabilize the foundation. The problem with the footing and the foundation are two
separate things on this building; and as the foundation begins to give way from the
footings, it is pulling the electrical and also the electrical wires that are in conduit in the
foundation, that begins to pull on the light fixtures. The bay size was built for a 1934
Mack Fire Truck, which was in service in the 1960's when the station was built. It does
not work well with today’s modern apparatus. The exhaust systems at Station 3 - Park
Avenue Station and also at Station 7 - Golf Links Station are bad. They cannot meet
the NFTA 1500 specifications for clean air within the fire stations. The way this station is
built, the exhaust from the diesel fumes are expelled directly into the bedroom. The
walls have a dingy color which are due to diesel soot that builds up on the walls and is
bad for the firefighters’ health. Regarding the fuse boxes, this is 1967 technology; and
today, there would be a breaker and would not be able to use two large fuses for
electrical service. Regarding Station No. 3 at 758 Park Avenue, the problems are not
as acute as the problems with the Golf Links Fire Station. There are some roof
problems, and it is a mansard roof and is probably not the best style of roof for a fire
station. However, they do not have the same type of leaks at this station as they do at
the Golf Links Fire Station. The ventilation is inadequate, and there is a problem with
the electrical system on the fuse box. Regarding interior issues, there is sagging in the
back bedroom because there is too much of a span that runs across the station from
one end to the other. There are exhaust fan issues here that do not meet NFTA 1500
specifications. The engine bay site is cramped, and this station was built for a 1957
American LaFrance Century Series Pumper. That pumper is about one-half the size of
a modern day fire apparatus. Living quarters are combination kitchen, day room and
dining room, which are very cramped. Sleeping quarters are mostly cramped, and the
lack of proper support on the span when this building was built in 1967 has caused the
ceiling to sag. Regarding Airport Road Fire Station, they have had the most luck
keeping this station operational with fewer maintenance problems; but they do have
some problems that go back to poor concrete, lack of reinforcement, and lack of piers
being poured. There are also some interior issues, such as walls cracked. The living
quarters are combination kitchen, dining room, and day room. Sleeping quarters are
much better than the day room but are still small compared to what they should be.
There are two stations that were built in 1996, Central Station and Station No. 6
Board of Directors Meeting 8 October 20, 2009, at 7:00 P.M.
(Lakeshore Drive Fire Station). There are some maintenance problems with them
associated with poor roof design; and at some point in time, they will have to be
replaced. The roof issues are the internal gutter system at Central Fire Station and
will have to replace this roof in the near future. Architecturally, this was a poor design;
and there have been numerous leaks that come from this and all along the western
wall of Central Fire Station, leaking along the gutter system. Regarding the Lakeshore
Fire Station, there was a bad roof design on it and will have to take care of it. There is
a lot of water damage and some mold problems. The money has to be in the budget to
replace the roof, but the money is not there. He stated the Golf Links Road Station will
be 20 years old in January 2011; and at 20 years of age, fire apparatus tends to
become problematic and unsafe to operate on the roads.
Director Maruthur asked if he would say right now with what he has presented, it
is placing the firefighters at risk with their health and citizens at risk with their ability to
respond to a fire. Fire Chief Ed Davis responded this is probably exposing the
firefighters to health risks. However, at this time, he does not think this is causing the
citizens to be threatened but believes in the future they will be. He pointed out in the
very near future, they will begin to see a degradation in delivery of fire service because
when there is a fire apparatus responding to a fire, the firefighters on that piece of
equipment have to have a high level of confidence in that piece of equipment and can
take it to a fire in a timely manner. They also have to have a great level of confidence
that the equipment is always going to work when they are going into a house to search
for someone or to try to find the fire and put it out. He pointed out a 20-year old piece
of apparatus does not offer very much comfort, and it does make a big difference. He
said they are asking the City to keep the fire trucks under 20 years of age and provide
the firemen with equipment they need to do their job.
Director Jones asked who will comprise the task force committee, and Fire
Chief Ed Davis said he would like for it to consist of some Board Members, some
people in the audience, such as Mr. Wayne Roberts, who is intelligent and involved in
the City, some Fifty for the Future members, members of the Chamber of Commerce,
and some of the citizens in the community.
Police Chief Bobby Southard stated the main concern for the future for the Police
Department is the communications system. He said they built an analog
communications system in 1990 when they moved into their building. He added it is
now 12 to 13 years old, and no upgrades have been made to that analog system since
it was built. He mentioned the issues they are concerned with at the present time are
interoperability, which is becoming a requirement for systems throughout the United
Board of Directors Meeting 9 October 20, 2009, at 7:00 P.M.
States. He added the communications system is also obsolete; and at the present
time, when they are on a scene with the State Police, Garland County, or operating
exercises with OES or ADEM, they cannot talk to each other. He said they go back to
using runners from one location to another other to get their message across. He
mentioned the only way they can develop communication is for the shift to hand a radio
over and for him to hand the radio over, which means they have two people in different
locations that at least can hear what the other one is doing. He stressed it makes it
very difficult when they cannot negotiate and give directions to their people on the
scene. The other problem they have is their system is obsolete. He said they have a
13-year old system that is no longer going to be supportive by parts. Once the supply
line runs out, they will have to go to places such as AP&L for their supplies and find
somebody else who has that similar radio system and see if they have that part. For
example, they needed a backup system in case their radio failed, and they were able to
purchase a backup system that handles one radio frequency. They can talk one radio
at a time, place it on a tower that is owned by Motorola, and when their radio system
dies, they switch over to a single backup channel and live off of that until they can get
theirs replaced and repaired. He stated they bought that because someone no longer
needed it, and they got a good deal; but that is how they have to get parts. He said
repair parts are getting very difficult to purchase or find, and they cannot predict when
their system is going to cause them problems. He noted they are still using and have
no reason to change the Motorola Model Radio and have used that radio for 13 years,
but they have to replace it periodically with batteries, etc. He stated it has been a very
good radio; however, when the radio dies, they cannot replace it because it is no longer
made. He added 85 percent of their portables at the present time are 13 years old, and
they have been able recently to find a radio they can replace it with. He commented it
has just been manufactured and is a hybrid. He added it is analog on one side and flip
the button, and it is a digital and is their radio of choice. However, it is very expensive.
He said they are in the 800 MHz band range, and they have yet to be approached by
the sale companies in trying to purchase this out from under the FCC. However,
everything he has read is that the 700 frequencies they have purchased have just about
been used up; and now they are looking at 800. Therefore, there are a few years before
the Police Department can start having trouble maintaining their 800 frequencies. He
stated as the Police Department gets to the point where these frequencies are
becoming more and more critical, they are going to ask the Department to start
shrinking its radio system and shrinking the frequencies on its radios. At the present
time, the Department is working on 25 MHz band. What the Department will have to do
when it gets into 800 frequency; and they want a spectrum of it, the Department will
have to figure out a way to shrink its bandwidth down to 12.5, which is what happened
to the radio frequencies below 500 MHz right now. What will happen there is that the
Board of Directors Meeting 10 October 20, 2009, at 7:00 P.M.
Department will start having more and more interference, causing it to miss its
frequencies and communications and will cause the Department to have bleed-overs
from other agencies. He pointed out it will just make an unsafe situation for the officers.
He added the Department is connected from the radio tower to the police station by an
AT&T, T-1 communications line. In the last month, there have been three failures in
that line, which means when that line fails, the Department’s radio system goes down;
and it goes to backup station and operates on backup until AT&T can come in and fix
that T-1 line. By virtue of discussions with problems with the communications system
and what the Department is going to do with it, the Department has looked at AWIN
(Arkansas Wireless Information Network), which is the state system that is the project
statewide and would be looking at it if the Department were to get a compatible system,
combining it with AWIN so there would be a statewide communications and the ability to
go on AWIN’s frequencies when there is an emergency. He stated the Department’s
goal would be to make this system interoperable statewide, both data and voice. If the
Department has to start replacing all of its radios with a dual mode, which is what it is
doing now, those radios average about $4,000 each, which is very expensive. With the
dual-mode radio, the Police Department is able, during emergencies, to talk to Garland
County; but they are restricted with those dual-mode radios only to command staff. He
said that he and the sheriff can talk, but they still have to get that information out to the
people who are doing the job on the ground. He explained a new system, if approved
by the voters, will be able to provide digital communications for daily operations, provide
local, federal and statewide interoperability in an emergency with AWIN, provide data
for their MDT application, and to eliminate their dead spots which they have primarily in
the downtown area; and then they would be able to allow improvements as they go
along. He pointed out they are not going to be able to maintain everything that is
coming in the future, but they are hoping with the P25 platform, which is what is being
mandated nationwide, that if things change, at least they will be able to flow into that
P25 format. He advised the cost of such a system, depending on whom to believe, can
be as much as $8 million. Therefore, the only way he can see that they can possibly
afford that is through some means other than general budget appropriations.
Director Ramick pointed out this has been discussed over a year, and last year
the citizens voted to provide both of these issues. However, they did not vote to fund it.
He said that he did not think the City could wait any longer on this; and his big concern
to the City and Garland County is for the safety of the citizens. He stated that he
believes both issues, fire and police, need to be seriously considered; and some action
needs to be taken.
Board of Directors Meeting 11 October 20, 2009, at 7:00 P.M.
Director Daniel stated that he agrees 100 percent, but he cautioned the Police
Chief and Fire Chief to make sure that the 5/8 cents will be adequate. He mentioned
the worst thing the City can do is work hard and show what is needed, and then three
years from now say it did not do enough. He stressed being honest with the people so
they know what is going to happen. He pointed out it has been proven in years past that
the City can built something and come in on time and under budget with $30 million
plus, and all it has to do is to tell the citizens the truth. He said they are going to tell
them the truth but do not want them to shortchange the needs. He urged the Police
Chief and Fire Chief to make sure that 5/8 cents is going to be enough to fund it and
that will sunset then but do not come back at the end of three years and say they
missed it.
Police Chief Bobby Southard said he would hope the task force that is going to
be formed will have some expertise to help calculate these things and help project, and
they would also be able to provide guidance on some of the technical issues.
Director Keheley commended the Fire Chief Ed Davis and Police Chief Bobby
Southard on their presentation and said the City needs to take care of these needs for
the firemen and fire safety and all want a good communications system. She
commented when she suggested the task force, she is glad to see that now included.
She pointed out her first reservation came out because of the wording of the resolution
because there were no specifics in the resolution. She noted there was just the
Chief’s plan in a small paragraph with a brief description, and there was a sentence that
says the City is going to prepare a ballot measure seeking the imposition of a sales tax.
She stressed if the City is going to ask the citizens to take the Chief’s plan to the
citizens and the voters, it has to weigh the timing, book, chapter and verse on where
and how the citizens will benefit. She said she believes that can be done, but how much
each and every improvement is going to cost is paramount. Her second concern was
the prioritization. She said it is going to be difficult for her and everyone on the Board
and City staff to explain to the citizens the replacement of stations and how each is
going to improve the fire service without full detail. She questioned why the new station
on Highway 7 South is being scheduled for last at the end of 11 years. She said it is her
understanding that the new South Central station will provide the protection and service
to an area that is now being poorly served. She asked what if in their plan, the money
runs out, before this station is built and they cannot get the staffing, equipment, and
apparatus for it due to some problem like inflation. Her third reservation is the timing.
She stressed that times are getting worse economically for everyone; and for the first
time in a number of years, the City’s sales tax revenues are in a steep decline. She
asked why in the midst of a severe recession, with high unemployment, low personal
Board of Directors Meeting 12 October 20, 2009, at 7:00 P.M.
income, and failing financial institutions, would the City want to raise taxes in Hot
Springs this coming year. She pointed out this is the question citizens are going to be
asking, and she hopes they have the answers. She mentioned in the down economy,
a sales tax rate may even deter shopping and buying in Hot Springs. She stressed that
she is not opposed to their list of needs and the improvements put forth, but she
believes they need a detailed strategy involving a carefully spelled out plan open to the
public for participation and comment. She said the public safety task force would
provide that, and that is why she presented that to the City Attorney to be included.
She added that Fire Chief Ed Davis has demonstrated the value of strong citizen
participation in his negotiations with LifeNet, and she trusts that he will be on equally
firm ground with this plan. She emphasized that the Board needs plenty of discussion,
and most of all it needs public confidence in whatever the Board attempts to do as a
Board. She requested that the Board consider an amended alternative resolution.
Fire Chief Ed Davis stated that he has read Director Keheley’s resolution that she
is proposing, and the problem he has with it is the way it is worded. He pointed out
there is no ending place, and there is no benchmark for the committee to submit its
findings back to the Board of Directors.
Director Keheley said that she placed a date on it, but the City Attorney advised
her that should be left to the City Manager.
Director Maruthur commented this whole issue is close to her heart; and the fact
that the Police Department is working with a system that is obsolete and has to
scavenge around really disturbs her. She stressed it is really a matter of life and death.
She noted that during the ice storm they were without communications for four days.
As far as the Fire Department is concerned, the City depends on the Fire Department to
protect its citizens. She mentioned that her stepfather died on a run to fight a fire
because their capital improvements were not complete, and the actual hook and ladder
truck did not have seatbelt in the back; and he was thrown off it. She stressed that
public safety, in her opinion, is the Number One obligation to serving the people who
are paying. She mentioned the Board just approved a fee, not the voters; but she did
not vote for it. She said a request is being made for an exploratory committee to find
out what the public wants, what they feel, and is going to lay everything out for the
public to make the decision; and then the Board is going to make a decision on whether
to put this up for a vote. She said she has heard this could get in the way of what is
being planned in the County. She noted she was elected by the people of the City and
also lives in Garland County and concerned about the people who live in the City and
the ability to deliver services to save lives and property. She commended the Fire
Board of Directors Meeting 13 October 20, 2009, at 7:00 P.M.
Chief and Police Chief for everything they have been through and is aware they have
been through another campaign. She said anything she can do to help, she will and
believes citizens will support what will save their lives. She mentioned that she
supported an exploratory committee and believes there should be an ending date for
the committee. She noted that she heard the City Attorney say the City Manager would
be doing that, but she would like that done in public so that the public knows that they
will be protected and what the plan is, where the money would be applied, and what is
adequate. She said that she would support something that has a date, and possibly the
City Manager has a date.
Director Jones commended the Chiefs on their presentations and said she is
hearing comments from the citizens, which is the jail. She stated that she heard the
Fire Chief mention one time about the jail and asked if that would come after. Fire
Chief Ed Davis advised if they can pass this tax, after the tax sunsets, the largest
amount of it, that would be a great time for the County to come in on the “coattails” of
the City and vote a jail tax in because the citizens have already been committed to a
public safety issue.
Director Keheley pointed out that the original resolution does not include any task
force, but the alternative resolution does appoint a task force to look into this. She said it
does ask for a comprehensive plan and to include city officials and citizens, and the City
Manager will bring back the recommendations along with the task force. She
mentioned the date was left out of the resolution, but she is agreeable to place a date
on the alternative resolution.
Mayor Bush commented that the City is going to give the Police Chief and Fire
Chief all the support it can. He said he believes they are smart enough to know that
they have to have a task force to help them do this; and he believes it is their decision.
He stated he is looking to them, who are the professionals. He noted they know what
they need and are the ones who came up with this resolution. He added that he did not
believe the Board should interfere with that, which is his personal opinion. Therefore, he
is not going to support any amended resolution.
Director Maruthur said regardless if they are a firefighter or a police officer, when
they go to work, they do not know if they are going to return home. She stated this is
their show, but the Board is responsible for how it treats them in their effort to execute
this and for them to get the information out to the public. She stated she did not
particularly care which resolution is used but would like to have a date so that it could
be presented and would not go on forever. She stressed that is very important, and
Board of Directors Meeting 14 October 20, 2009, at 7:00 P.M.
she believes they will do an excellent job in getting the information to the public. She
mentioned this is nothing more than a “go ahead” from the Board so they can proceed
to help the community.
Director Jones stated if they have enough town hall meetings, they will be able to
tell from all of the meetings when they need to set that date. She suggested that they
hold town hall meetings.
Director Ramick commented that he believes the Board needs to get on this right
away; and he believes early 2010 (January 2) might be too late and should do it right
away. He asked when they could come back with a date, and Chief Davis said they
have 15 names right now that they came up with. He said if the Chiefs get the Board’s
permission tonight, they can start visiting tomorrow. Hopefully by the next Board
Meeting, they can have a list of six or seven people who would be willing to work on
the committee. He added that he is in agreement they need to do this in a timely
manner and also need to do it in a manner that will guarantee the voters will vote for it.
Director Ramick pointed out the longer the City waits, the more it risks the
safety of its citizens; and it needs to do something as soon as possible.
Director McCabe stated that public safety is the number one priority; and if the
City does not have a strong Police and Fire, it really does not have a community. He
said that he was surprised about the police communications pointing out that it sounds
as if Levi Hospital has better communication than the Police Department. He added the
hospital is part of the AWIN system for its disaster plan, and they can talk to any
hospital in the state when that is activated through the Department of Health. He
pointed out the Chief can talk to the Sheriff, but they are the only two who can talk; and
the people on the scene have to use runners. With regard to the funding source, he said
he likes Director Keheley’s amendment because it looks at all opportunities for funding.
He pointed out a few years ago, the City approved a ½ cent sales tax for public safety.
The proposal now is a 5/8 cent sales tax for three years and 1/8 cent tax thereafter,
and the City is still dealing with the pension issue, which will be a third separate funding
for the support of Police and Fire. He added the City could end up with three different
funding sources for public safety and has yet to delete any expenses to the degree it
can out of the budget. He said that he has an opinion that the tax revenues will be down
next year, and there is no way the City can support the activities of the capital
improvements through General Fund. However, the City has to show the voters that it is
willing to lessen its spending. He added the public is asking the City to do that but do
not want to give up the quality of police and fire. From a timing standpoint, he agrees
the City needs to do this as soon as possible; but at the same time, the Board has to
Board of Directors Meeting 15 October 20, 2009, at 7:00 P.M.
work this into the budget process from the standpoint of getting rid of excess costs and
see what the City has. He said that he was in support of what their goal is, and their
goal and what he views for the City are in concert. He stressed it is just going to end up
with how to fund it and how to present issues to the public and demonstrate to the
public that the City is going be fiscally responsible in all areas of the city budget.
City Manager Lance Hudnell said he did not believe it was of particular concern
to staff the form of the resolution, which was not the issue. He stated the issue was
that for several years, the Fire Chief and his senior staff have been working on the
details of what the station sizes need to be, where they need to be located, what
equipment needs to be in them, what that equipment costs, etc. He said the first the
Board heard about that was at the public safety work session that was held in the spring
when they went over some of those details. He noted the Police Chief and his staff have
been working on the radio system and the details with regard to that, and everyday that
technology changes. He added he has advised them that staff needs to meet with the
Board Members, which they have done, with the exception of Director McCabe. He
explained before they start having public discussions and asking people to assist with
committees and putting together a citizen group to help understand the problems, staff
wanted the Board’s permission to go forward in a public manner. He pointed out that is
basically the purpose of this resolution. He said he did not have that much concern
about the form of the resolution but would like to have a public acknowledgment from
the Board that it wants staff to move forward. He stated that staff knows the details,
but now staff needs the political side which is whether to move forward or not with this
issue at this time. He said they need input from the public and from everyone who is
involved to help understand whether this is doable at this time, and that is basically
what staff is asking for with regard to the resolution. He added the resolution is the
Board’s prerogative and whatever it feels comfortable with. He stated that staff would
like to return to the Board in early 2010 (the second meeting in January or the first
meeting in February) with some firm recommendations. If staff hears that it is proper to
go forward with an election, when to have that and if there were to be an election, he
advised the Board has to call that in accordance with state law and then explore which
funding avenue is the best. He reiterated that staff wanted the Board to give a public
acknowledgment before staff starts talking to civic groups and citizens.
Director Maruthur expressed appreciation to City Manager Lance Hudnell for his
comments.
Mayor Bush recognized Mr. Chris Reimers, 111 Squawvalley Trail, who stated
that people are constantly being taxed. He said he is not against an exploratory
Board of Directors Meeting 16 October 20, 2009, at 7:00 P.M.
committee and believes it is a good idea; however, he is against the special election.
He pointed out there is no rush to fund a tax this large, and he agrees with Director
Keheley that the timing of this is bad because the City is going to spend $117 million on
water improvements and is going to try to spend another $100 million more; but there is
a jail that needs to be built. He said that he appreciates the work the public servants
do and knows they are protecting the citizens. However, he is looking at priorities; and
he thinks the jail is a priority. He added they can buy 2,000 hybrid radios with $8 million.
Mr. Bob Driggers, #3 Stonegate, said he has no issue with the needs that the
Chiefs have recommended. However, he believes the public will have a major problem
with another major tax increase. He stated that he has no issue with their needs but
does have an issue with one of their needs, which is the radio systems. He posed a
hypothetical situation where a city that is promoting a tax increase and this city has
already tried to tax its citizens without allowing them to vote so they could build a new
city hall. This city already taxes its citizens double or triple what most cities impose.
For example, Little Rock has a budget of $171 million spread over 171,000 people,
which is $1,000 per person; but this particular city taxes at the rate of about $2,600 for
every man, woman and child to reach a $92 million budget. This city already has 10½
percent tax on food and drink, and the state has already approved another one percent
to add to that. This city has already passed a ½ cent sales tax specifically for public
safety only to see the City siphon off a large percentage of that tax by calling it an
allocation. This city has a utility department that it cannot account for about 40 percent
of their water and the sewer department that is consistently been in violation of EPA
regulations and state laws. Also, there are some maintenance issues. This particular
city just voted to double everyone’s sewer rates and announced higher increases in the
future for water rates. This city continues to spend a budgeted $3.2 million on planning
and design for a $100 million water treatment plant in a location that the State Health
Department has emphatically said repeated times, they will not approve. This City plans
to buy several million dollars in Motorola digital radios to match the AWIN’s system, but
that does not work. Mr. Driggers reported that multiple cities across the country have
already sued Motorola because these Motorola digital radios do not work right. He said
this city apparently does not have a realistic plan, but there is a difference in public input
and a task force. He stated that he would agree this is the worst time in the middle of a
recession to ask for a tax, especially a tax that never ends. He added the biggest, single
concern is asking for a new tax that will totally “kill” any possibility of getting a new jail.
Mr. Brian White, 512 Clark Street, stated he wanted to relate to the Board a
couple of first-hand experiences to illustrate how important these needs are, especially
Board of Directors Meeting 17 October 20, 2009, at 7:00 P.M.
the communications needs. At 9:01 a.m., April 19, 1995, he mentioned a bomb went
off in the Murrah Building in Oklahoma City; and it collapsed. On May 3, 1999, the
strongest tornado in history hit the Oklahoma City area. During those two occasions,
he said saw first-hand how interagency communications save lives. He stressed that the
City needs to get this done and get it done quickly. He pointed out the funding can be
debated later and explore different options.
Mr. George Pritchett, 125 Carl Drive, said that he sent an e-mail to the Directors
yesterday, and this is not the time to begin this activity. He stressed that the citizens
cannot continue to be taxed, and there is a budget crisis as Director McCabe pointed out
that is serious. He questioned when the City is going to start making severe cuts. He
noted that the citizens have tightened their belts, reduced their discretionary spending,
and spend less for luxuries; but the City has to do it also. He stated the City cannot
continue using up the infrastructure with no plan in the existing budgets to replace fire
trucks, fire stations, and police radios. He added every time the City wants something, it
just wants to add another tax. He said that as Director Maruthur pointed out a few
weeks ago, the water issue was not dealt with for five or six years. He commented if the
problems are not solved that exist in 5, 10 or 15 years, the City cannot build three new
fire stations, buy 2,000 radios, buy police cars, and then run out of resources and have
to do this again. He stressed that citizens cannot keep on paying it. He mentioned the
State is cutting severely, and the Board needs to be looking at the City’s budget. He
noted there are 623 people on the payroll; and if 60 of them are still there at the end of
the year, it is too many. He said the Board needs to support the Police and Fire; but if
the City puts it on the ballot next year and unless the economy gets better, it is going to
be soundly defeated.
Director Maruthur pointed out that he appeared before the Board at the last
meeting and urged the Directors to increase the fee for the water/wastewater. Mr.
Pritchett replied that he did. Director Maruthur asked that he read the completion of his
e-mail that he sent to the Directors, and Mr. Pritchett then read the following: “This is
not the time to begin this activity. If you proceed with action at this time, you will be
attacked unmercifully by the activists groups and general public. The public will soundly
defeat any proposal placed on a ballot that will increase costs to the citizens of Hot
Springs.” He commented it was a fight when a new City Hall was going to be built; and
there was a lot of indifference, severe criticism, and harsh words. He said if the Board
puts this issue on the ballot today, it will be the same thing only it will be multiplied
because of the severe problems the public is experiencing. He stated that he would be
happy to serve on this committee; and if diesel is being pumped into the sleeping
Board of Directors Meeting 18 October 20, 2009, at 7:00 P.M.
quarters, there are actions that can be taken to solve that without a lot of expense.
However, he objected to going to the citizens and asking for more taxes.
Director Maruthur pointed out that he agreed to a fee for the citizens of the city
without a vote, and Mr. Pritchett said he agreed to an increase in the water rates at the
last meeting because he was convinced there was no other way to do it. However, in
this situation, the City needs to provide the Police and Fire with the funds; but the Board
needs to tighten up on its budget.
Director Keheley said she wants to support the Fire and Police and would like to
submit an amended resolution to include a public safety capital improvement task force.
A motion was made by Director Keheley, duly seconded by Director McCabe, to amend
the resolution to include a public safety capital improvement task force.
Upon discussion, Director Maruthur questioned if there was a date to be included
for the task force committee.
A motion was made by Director Keheley, duly seconded by Director McCabe, that
the resolution also include the second meeting in January for the City Manager to bring
back recommendations and a proposed plan of action to the Board.
Mayor Bush then called for a vote on the amendments; and upon roll call, the
following voted “aye”: Directors Maruthur, Jones, Keheley, and McCabe, total 4. Voting
“no”: Directors Ramick, Daniel, and Bush, total 3; motion carried to amend the
resolution.
Mayor Bush then called for a vote on the resolution, as amended; and upon roll
call, the following voted “aye”: Directors Daniel, Maruthur, Jones, Keheley, McCabe,
Ramick, and Bush, total 7; motion unanimously carried. Whereupon the resolution was
declared passed, as amended.
20 Proposed Ordinance No. O-09-35
An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING FOR THE PROCUREMENT OF CABINETS AND
ADDITIONAL TRAFFIC SIGNAL EQUIPMENT FROM TEMPLE, INC. FOR CENTRAL
AVENUE TRAFFIC SIGNAL COORDINATION, PHASE II; AND FOR OTHER
PURPOSES,” was taken from the agenda for consideration.
Board of Directors Meeting 19 October 20, 2009, at 7:00 P.M.
A motion was made by Director Daniel, 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, Mr. Steve Mallett, Deputy City Manager for Public Works and
Utilities, stated this is for equipment for the signal coordination of Phase II of Central
Avenue; and this contract will be for Eagle brand equipment with Temple, Inc. He
advised this is a continuation of the first phase of Central Avenue coordination, which is
basically the south half; and this will install the same equipment on the northern half and
will be from the very northern to the southern edges of Central Avenue. He added this
will be funded through a grant in the amount of $120,600.
Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the
following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel,
and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared
passed.
21 Proposed Ordinance No. O-09-36
An ordinance entitled, “AN ORDINANCE AMENDING THE HOT SPRINGS SIGN
CODE (ORDINANCE NO. 5086) BY REVISING THE REGULATIONS CONCERNING
ELECTRONIC SIGNS; AND FOR OTHER PURPOSES,” was taken from the agenda for
consideration.
A motion was made by Director Jones, duly seconded by Director Keheley, that
the rules be suspended; and the ordinance be read by title only; and upon voice vote,
the motion unanimously carried. The ordinance was then read for the first time by title
only. Mayor Bush called for a motion to adopt. There being no motion, the ordinance
died for lack of a motion.
22 Proposed Ordinance No. O-09-37
An ordinance entitled, “AN ORDINANCE AMENDING THE ADOPTION SECTION
OF THE HOT SPRINGS ANIMAL CODE (ORDINANCE NO. 4940); AND FOR OTHER
PURPOSES,” was taken from the agenda for consideration.
Board of Directors Meeting 20 October 20, 2009, at 7:00 P.M.
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 Jones, duly seconded by Director Maruthur, that the
ordinance be passed as read.
Upon discussion, Mr. Dan Bugg, Animal Services Director, explained the
amendments pointing out that the Adoption Section provides that funds collected are
called adoption fees; and the amount of each type of adoption fee is to include $50 for
dogs and $30 for cats. Amendment No. 2 to the ordinance provides that animals
considered to be of purebred status will not be placed into the new owner’s custody until
it has been spayed/neutered. Amendment No. 3 provides that pets available for adoption
must be available to the public for 24 hours before rescue or other placement group may
adopt the pet.
Mr. Irving Duke, 204 Westbrook, said on August 15, 2009, as he was walking
home, he was knocked face down on the ground and bitten on his leg by a pit bull. He
stated he was three hours on the operating table at St. Joseph’s Hospital. He
commented that many times most owners of pit bulls have never seen any destructive
action from that animal, but this does not mean the animal is not capable of that. He
mentioned in the four block area of Westbrook, there have been four pit bulls; but two of
them have moved away because of complaints to Animal Services. He said there is
one in the 400 block of Westbrook that is tied up with a very large chain and not inside a
fence; and in the 200 block, there are six children under the age of 12 years. He said
he has also noticed pit bulls on Bower Street; and a young man about 12 years old was
walking his dog on a leash and would be totally unable to control that animal if it decided
to do something else. He mentioned there were two white pit bulls on Central Avenue
being walked on leashes, but he did not know if individuals can control these dogs if they
decide to do something else. He added he believes this is a hidden danger that should
be taken care of but also is aware that all pit bulls do not act in this manner.
Mayor Bush pointed out that Mr. Duke was speaking to Item No. 23, but his
comments will be taken into consideration.
Director Maruthur asked what happened to Animal Control and the Police
Department when they arrived at the scene. Mr. Duke replied there were two officers
who arrived promptly, and the police officers cleared the block of the children who had
Board of Directors Meeting 21 October 20, 2009, at 7:00 P.M.
come out to see what was going on. He added that he was bleeding from the bite, and
there was a nurse on the corner who had come out to see how serious it was. Also, the
Animal Control Officer arrived promptly thereafter; and there was an hour long standoff
with the dog before Animal Control and the Police Department gained control of the dog.
Director Maruthur asked if the animal went after the police officers and the animal
control officers, and Mr. Duke said there was a standoff with the animal confronting the
animal control officer and police officers. He stated that another nurse that he saw told
him that a member of her church was killed by a pit bull.
Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the
following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel,
and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared
passed.
23 Report from Animal Services Regarding Dangerous Dogs
Mr. Dan Bugg, Animal Services Director, said that he compiled a report
concerning three Arkansas municipalities that have taken on different approaches to
controlling dangerous dogs. He then introduced Mr. Billy Grace, Animal Control Director
from North Little Rock.
Mr. Billy Grace, director of Animal Control for North Little Rock, stated the city had
a severe pit bull problem, but their dog bites are down; and the severe bites are way
down. He said they had several maulings similar to what Mr. Duke described, but
unfortunately it was on a child; and that is basically nonexistent now. Also, the
animal-to-animal attacks are way down. He explained they banned them from the city.
Mayor Bush asked what they do if they find a pit bull, and Mr. Grace advised the
owner has to pay to have the animal spayed or neutered and tattooed and then sign an
affidavit to move it out of the city. He said since it is so expensive, the owner usually
just signs them over; and the City puts them down.
Director Maruthur said the City banned someone from getting a pit bull but
grandfathered them in, and there is the responsibility of the owner to comply with
identification and other things.
Board of Directors Meeting 22 October 20, 2009, at 7:00 P.M.
Mr. Grace said the city gave them 30 days to come into compliance to have the
animals spayed or neutered and tattooed on the abdominal area inside the right rear leg,
which is more difficult to remove. He stated the city ended up extending that for several
months because it did not want to take people’s good pets away from them and kill them.
He commented they had to do something and eventually arrived at the point where they
said there would be no more. He added there are about 250 that are grandfathered in.
He pointed out that one thing he regrets is that they meant to include if a pit bull is
declared vicious, it was banned from the city and forgot to do that. He noted even
though there are 250 legal ones in the city, some of those are aggressive dogs and he
wishes they had included that in there and got them out of the city too.
Director Ramick asked who pays for the spay, neutering, and tattooing; and Mr.
Grace replied that the owner does.
Director McCabe asked if there are any other breeds that have been a problem for
him, and Mr. Grace said nothing like a pit bull. Director McCabe asked if they are still
getting bites, and Mr. Grace replied there are not as many, not near as severe. He
added it has been several years since they have had a severe mauling. Director
McCabe asked if it was from a pit bull, and Mr. Grace said that it was. He commented
that he does not ever remember ever having a mauling where flesh is actually torn away
from the body by anything but a pit bull.
Mr. Steve Crites, 307 Rector Heights Drive, said he has been a member of the
Hot Springs National Park Kennel Club since 1990, and currently serving his third term
as the president of the club. He then read the following position statement from the
National American Kennel Club and the support of the local Hot Springs National Park
Kennel Club: “The American Kennel Club supports reasonable, enforceable and
nondiscriminatory laws to govern ownership of laws. The Club believes that dog owners
should be responsible for their dogs. We support laws that establish a fair process by
which specific dogs are identified as dangerous based on stated measurable actions and
the laws impose appropriate penalties on irresponsible owners and establish a
well-defined method for dealing with dogs proven to be dangerous. We believe that, if
necessary, dogs proven to be dangerous may need to be humanely destroyed. The
American Kennel Club strongly opposes any legislation that determines a dog to be
dangerous based on specific breeds or phenotypic classes of dogs. To provide
communities with the most effective dangerous dog control possible, laws must not be
breed-specific. Instead of holding all dog owners accountable for their behavior,
breed-specific laws place restrictions only on the owners of certain breeds of dogs. If
specific breeds are banned, owners of these dogs intent on using their dogs for
Board of Directors Meeting 23 October 20, 2009, at 7:00 P.M.
malicious purposes or for being neglectful or mean to their dogs, will simply change to
another breed of dog and continue to jeopardize public safety. Strongly enforced dog
control laws, such as leash laws, generic guidelines for dealing with dangerous dogs,
and increased public education efforts to promote responsible dog ownership are all
positive ways to protect communities from dangerous dogs. Increasing public
education efforts and enforcing the current laws that we have now for dangerous dogs is
the way to address the root cause of the problem – irresponsible dog owners.” He
said he believes they should punish the deed, not the breed.
Mayor Bush asked if he is saying the City should wait until some pit bull attacks or
mauls a child and then go after that dog. Mr. Crites said there are dangerous dog laws
in effect now; and as far as the pit bulls, they are frightening animals. However, there
are other dogs besides pit bulls. He stressed that it gets back to the element of
irresponsible people. He commented they spend a lot of time and offer classes trying to
teach people responsible ownership and teach their dogs to become good citizens. He
pointed out they need to go after the owner, not the breed.
Director Maruthur asked if he expects people who are in the drug business to be
responsible owners, and Mr. Crites said he does not; but he also expects them to use
anything within their means to continue carrying out their trade. He pointed out that any
dog can and will bite.
Mr. Bugg said he was asked to do some research and provide a report, and it is at
the Board’s discretion as to what direction it wants him to take.
City Attorney Brian Albright asked if he had any plans to present this to his
advisory committee again and have them study this. Mr. Bugg advised that it was
presented to them a week ago, and the committee said it needed more time. He added
the committee is in the process of studying it now and has broken it down, and each
member has been assigned different aspects to look at. City Attorney Brian Albright
asked if he thinks his committee is given the opportunity to review it that they can bring a
recommendation back to the Board. Mr. Bugg replied they plan to and have a deadline
set for November 5 for that final meeting. He stated at their meeting this Thursday
night, they will go over their notes together.
Director McCabe spoke of an occasion when his son was 12 years old, and they
were with a group of guys cold weather fishing; and one of the guys brought his female
Labrador. He said for whatever reason that dog, unprovoked, went after his son. He
noted the owner kenneled the dog in his vehicle and never brought it out again. He also
mentioned another incident last summer at the Farmers’ Market involving a large male
Board of Directors Meeting 24 October 20, 2009, at 7:00 P.M.
German Shepherd, which could not be controlled by his owner, and a smaller dog. He
said there was a couple with a small child in a stroller in the area also; and the mother
and baby went one way trying to get away from the dogs. However, there was
someone from the local kennel club that was able to settle down the situation. Mr. Bugg
said that in the City of Arlington, Texas, there was a five-year study done on animal
bites, and the breed that bit the most was a cocker spaniel. He stated the age groups
they bite first was boys between 7 and 11, and the next group was girls that same age.
He pointed out the issue with pit bulls is that they do so much damage when they do bite.
Director Keheley questioned the procedures when a person gets bit, and Mr.
Bugg advised that the dog is impounded and has to be quarantined for ten days for
observation under state law called the Rabies Control Act. He said the victim goes to
the hospital and has several remedies to sue the person who owns the dog for their
medical bills. He noted there are a lot of cases in town with pit bulls killing other small
dogs.
Director Keheley questioned what happens if a person is bitten and they have no
proof of licensing and the shots. Mr. Bugg explained if his department did not capture
the animal and could not identify it or find it, then he recommends they talk to a physician
and go through the post exposure rabies vaccinations, which is now given in the
shoulders based on body weight. He explained that the cost for the vaccine for a
person his weight and size would be around $1,300 or $1,400. Then they have to pay a
doctor to administer the shot.
Director Maruthur pointed out that what Mr. Grace described is no longer
happening, but it does not mean there are not going to be dog bites. She noted that Mr.
Bugg said that people have done this to this breed, and it is acting the way it does
because of breeding traits.
Mayor Bush said the Board will look forward to the Animal Services Committee
Report on this issue.
OTHER BUSINESS
24 Board of Directors Items for Discussion
Director Maruthur said if citizens want to sign up for CodeRed, they may call
Paula Brown at 321-6861. She announced there is an account set up at Regions Bank
downtown for the family of deceased firefighter Gene Yabrough.
Board of Directors Meeting 25 October 20, 2009, at 7:00 P.M.
25 City Manager’s Report
City Manager Lance Hudnell gave the following report:
1. The SeaPort open house will be held on Tuesday, October 27, from 1:45 p.m.
to 4:00 p.m., at the Airport.
2. A Day at the Farm will be held on Saturday, October 31, at the Transportation
Plaza.
3. The Bill Edwards Building dedication is scheduled for Thursday, November
12.
4. Mr. Steve Arrison, executive director of the Advertising and Promotion
Commission, expressed appreciation to the Airport staff for the balloon festivities.
5. He expressed appreciation to Mr. Taylor Gates and his staff and Mr. Ron
Wacaster regarding all of the rain events, which caused the water to back up from a local
creek to the treatment facility. He said they had to work very hard to keep the water
treatable and to work with water coming out of the dam. He stated they did a
tremendous job in keeping the City in water the last few days.
6. There were letters of appreciation to Ms. Paula Brown, Public Works
Administrative Assistant; Ms. Lisa Vargo, Water/Wastewater Customer Service Manager,
and others who have helped the citizens.
26 ADJOURNMENT
There being no further business to come before the Board, the meeting adjourned
at 9:00 p.m., to meet again on Tuesday, November 3, 2009, at 7:00 p.m.
Board of Directors Meeting 26 October 20, 2009, at 7:00 P.M.
ATTEST: _____________________
APPROVED:__________________
Lance Hudnell, City Clerk Mike Bush,
Mayor
Board of Directors Meeting 27 October 20, 2009, at 7:00 P.M.
Agenda
REGULAR MEETING OF THE BOARD OF DIRECTORS
MEETING NO. 25
CITY OF HOT SPRINGS, ARKANSAS
TUESDAY, OCTOBER 20, 2009, 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. At the pleasure of the Board, action
may or may not be considered by the Board of Directors for matters listed in the Citizen Item Section. The Board of Directors request and
appreciate your cooperation with these procedures.
INVOCATION - Ms. Sue Hall
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 August 25, 2009 and October 6, 2009.
4 Recognition of Guests.
a. Ms. Cheryl Batts, Chairperson, Community Development Advisory
Committee.
b. Other Guests.
5 Board of Directors Announcements.
Order of
Business Subject
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.
CONSENT AGENDA SECTION
6 Public Safety Report (October 6, 2009).
7 Resolution No. R-09-228 Approving Certain Bid Awards.
a. Top Soil - Public Works (ASC)*;
b. Continental Blower - Utility Administration (Reject and Rebid);
c. Lot Clearing and Cutting - Code Compliance (ASC)*.
*ASC - Annual Supply Contract
8 Resolution No. R-09-229 Accepting a Grant from the U. S. Department of
Justice Pursuant to the Bureau of Justice Assistance, Bulletproof Vest
Partnership Program.
9 Resolution No. R-09-230 Appointing Carole Katchen, Davis Tillman, Carolyn
Taylor and Shea Childs to the Arts Advisory Committee.
10 Resolution No. R-09-231 Appointing Byron Cole Rhodes and Dieter Daniel
Lewin to the Community Development Advisory Committee.
11 Resolution No. R-09-232 Appointing Kenneth Schildgen to the Towing
Service Advisory Committee.
12 Resolution No. R-09-233 Appointing Sandy Hatch to the Animal Services
Advisory Committee.
13 Resolution No. R-09-234 Confirming the Appointments of David Longinotti,
Dianna Bratton, and Charles Moore to the Advertising and Promotion
Commission.
14 Resolution No. R-09-235 Approving a Street Name Change from Westridge
Lane to Discovery Bay Lane.
15 Resolution No. R-09-236 Authorizing the Filing of a Grant Application with
the United States General Service Administration (USGSA) “Good Neighbor”
Grant Program.
16 Resolution No. R-09-237 Awarding a Contract for Engineering Services to
Jacobs Engineering Group, Inc. for Traffic Signal Coordination, Phase II.
Order of
Business Subject
NEW BUSINESS
17 Consider Request from Tom Talsma Regarding Stimulus Package for
Hot Springs Businesses.
18 Consider Resolution No. R-09-238 Authorizing the Offering of Wastewater
Revenue Bonds to Finance Wastewater System Improvements.
19 Consider Resolution No. R-09-239 Adopting a Statement of Support Regarding
Hot Springs Public Safety Capital Improvements.
20 Consider Ordinance No. O-09-35 Waiving the Requirements of Competitive
Bidding for the Procurement of Cabinets and Additional Traffic Signal
Equipment from Temple, Inc. for Central Avenue Traffic Signal Coordination,
Phase II.
21 Consider Ordinance No. O-09-36 Amending the Hot Springs Sign Code
(Ordinance No. 5086) by Revising the Regulations Concerning Electronic
Signs.
22 Consider Ordinance No. O-09-37 Amending the Adoption Section of the
Hot Springs Animal Control Code.
23 Consider Report from Animal Services Regarding Dangerous Dogs.
OTHER BUSINESS
24 Consider Board of Directors’ Items for Discussion.
25 Consider City Manager’s Report.
26 ADJOURNMENT
CONVENE TO BOARD WORK SESSION TO
FINALIZE BUDGET PRIORITIES/GOALS
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