Board of Directors

MINUTES BOARD OF DIRECTORS MEETING SEPTEMBER 21, 2010, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Tuesday, September 21, 2010, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Michael Swift, 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 Keheley, that the agenda be approved. Upon discussion, City Manager Lance Hudnell mentioned that a substitute resolution has been distributed (Proposed Resolution No. R-10-201 Authorizing the Mayor to Execute a License Agreement with Arkansas Midland Railroad for Installation of a Wastewater Pressure Pipeline); and Proposed Resolution No. R-10-204 Approving Change Order No. 1 to the Contract with Action, Inc. Regarding Mechanical and Electrical Renovations at Mid-America Museum needs to be added to the agenda. Also, Proposed Resolution No. R-10-201 needs to be removed from the Consent Agenda and considered under New Business. Mayor Bush then called for a vote on the motion to approve the agenda, as amended; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of September 7, 2010 Board Meeting A motion was made by Director Ramick, duly seconded by Director Maruthur, that the minutes of the September 7, 2010 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Mayor Bush recognized Mr. Tim Culbreth, who invited the Board to attend the Garland County Leadership Prayer Breakfast on October 5, at 6:20 a.m., Horner Hall. He stated the speaker will be Mr. Ken Hatfield; and if anyone needs to contact him, they may call him at Teen Challenge, 624-2446. 5 Board of Directors Announcements Director McCabe mentioned he had received a call from Gary, a resident, regarding the traffic signal at Lakeshore and Panama. He pointed out when there are new developments, many times the traffic patterns change and require a review of the signals that experience higher traffic volume. He noted with the new shopping center across from St. Joseph’s Hospital, the use of Panama was significantly greater than it had been in the past. He stated he called Mr. Charlie Bocksnick, Superintendent of Traffic Services, who has all of the controls in his office and said that it could be corrected that day. He added that Mr. Bocksnick lengthened the time the light would be green on Lakeshore by 10 seconds, which would then be 20 seconds and moved the one from Panama from 20 to 25 seconds. He pointed out in the past for those motorists who approach Panama and there was no traffic for at least one minute, the countdown would start from 20 on Lakeshore. He said motorists would sit there with no traffic for 20 seconds; therefore, Mr. Bocksnick reduced that to three seconds. He reported that Gary notified him the next day and said that it was a great improvement. Regarding a water meter, he received a call from Billy, who said that his water bill was normally $60 to $80 but went to $300. He said that Billy reported it to the staff at the water company and got it changed. However, the next month, it was another $300. He explained that when the installers had input the code for the meter, they had input the neighbor’s code to his address and vice versa. He noted that human error comes into play also, and it is not always a leak in the line. Director Maruthur mentioned an item on the Consent Agenda regarding a grant application for certain disaster repairs and improvements to the Hot Springs Creek Board of Directors Meeting 2 September 21, 2010 at 7:00 P.M. Tunnel. She stated there was a recent public hearing, and these funds are appropriated through the federal government to the Arkansas Economic Development Commission (AEDC), which has chosen the Regional Planning Districts to aid in developing applications and working with applicants through this process. She said the West Central Planning and Development District has been helping the City with this project, along with staff, at the Arkansas Economic Development Commission. She commented at the public hearing, there was input from people; and the Board is going to be voting tonight on allocating $290,000 for repairs in the archway, which is the part of the creek that runs downtown and impacts everyone. She stressed this is a safety concern. She advised the project was submitted and accepted by the AEDC and the West Central Planning and Development District. She commented she did not want citizens to think it was going anywhere else because the creek is 4.2 miles. She added this will be for flooding downtown and also for keeping the plate down because as the plate rises when there is a flood, everyone has to pay; and there are many repairs and insurance involved. 6 Consider Acknowledgment of Financial Statement Notices for August 2010 Mayor Bush announced that the Financial Statements are on file in the Finance Department for review by the Board and the public. CONSENT AGENDA The Consent Agenda consisted of the following: 7 Public Safety Report (September 7, 2010). 8 Proposed Resolution No. R-10-198 Approving Certain Bid Awards (a) Wild Land Personal Protective Gear - Fire Department [annual supply contract awarded to Casco, Inc.]. 9 Proposed Resolution No. R-10-199 Accepting a Grant from the U. S. Department of Justice Pursuant to the Community-Oriented Policing Services (COPS) Grant Program for Certain Technological Equipment. Board of Directors Meeting 3 September 21, 2010 at 7:00 P.M. 10 Proposed Resolution No. R-10-200 Authorizing the Filing and Accepting of a Grant Application with the Arkansas Economic Development Commission (AEDC) for Certain Disaster Repairs and Improvements to the Hot Springs Creek Tunnel. 11 Proposed Resolution No. R-10-201 Authorizing the Mayor to Execute a License Agreement with Arkansas Midland Railroad for Installation of a Wastewater Pressure Pipeline. (Removed from Consent Agenda for Separate Consideration). 12 Proposed Resolution No. R-10-202 Adopting Criteria for the Funding of Outside Agencies and Organizations. A motion was made by Director Daniel, duly seconded by Director Ramick, that the Consent Agenda be approved. Upon discussion, Director Keheley questioned said Item No. 10 (Proposed Resolution No. R-10-200 Authorizing the Filing and Accepting of a Grant Application with the Arkansas Economic Development Commission [AEDC] for Certain Disaster Repairs and Improvements to the Hot Springs Creek Tunnel) is an important project for downtown and asked if there was a schedule for the work to be done and when it will be completed; also, if there are any other long-term projects to help on the future flooding of downtown. Mr. Steve Mallett, Director of Public Works and Utilities, advised that as far as moving the tunnel or relocating, there is nothing in the works for that. However, this will open up some of the space in the tunnel, remove some old pipelines, clear out the debris and make a wider flow channel to move more water through there and reduce flooding. He stated there is not a set schedule, and the work has not been bid. There is a report from Atoka that lists all of the things that need to be done; and they are putting together a bid package with the intent on bidding that over the next month or two and starting work in the winter. City Manager Lance Hudnell pointed out that also a grant agreement has not been received. 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. Board of Directors Meeting 4 September 21, 2010 at 7:00 P.M. 13 UNFINISHED BUSINESS Proposed Resolution No. R-10-197 A resolution entitled, “A RESOLUTION APPROVING A WAIVER OF THE NEW SIDEWALK ALONG THE EAST SIDE OF MOTE STREET (AMENDING SPA 08-0028),” was taken from the agenda and read by title only. (Appeal) A motion was made by Director Maruthur, duly seconded by Director Keheley, that the resolution be adopted as read. Upon discussion, City Attorney Brian Albright advised this is an appeal of a decision that was rendered by the Board of Adjustments and Appeals, was brought to the Board at the September 7, 2010 Board Meeting, and was tabled at that meeting. He added this goes back to 2007 and 2008, and there was a development and site plan approved and conditions to each of those. Under the development plan, it required that there be Article II site plan review, that all of the requirements of the Malvern Overlay be met, that all the requirements of the Development Review Committee (DRC) meetings be met, and that the zoning inspection be completed prior to a Certificate of Occupancy. He noted under the site plan approval, there was also some additional requirements (1) a dedication of additional ten-foot of right-of-way on Mote Street; and (2) the developer was also required to install a curb, gutter, and a five-foot sidewalk on the project side of Mote Street. He mentioned there were additional requirements also under the site plan. The appeal, however, had to do with the sidewalk itself. He stated the applicant cited some topographical hardships and the inability to comply with the Americans with Disabilities Act. However, the real threshold issue in this matter has to do with the right-of-way itself. In looking back at the previous surveys and deeds on this property, he advised that one of the issues that came into play was how far the deed conveyed property to the developer. He mentioned Mote Street is a prescriptive right-of-way, which means that the public’s right to use of that right-of-way has evolved over time through the continued use and maintenance of the right-of-way. In this situation, there is no substantial ditch next to Mote Street at the subject’s property; and therefore, the public’s right goes to the edge of the pavement. He commented the requirements of dedicating the ten-foot and the five-foot sidewalk became an issue because the applicant apparently does not hold fee title to that section of property between the survey and the street itself. Therefore, it is impossible for him to dedicate something that he cannot convey to the City. Therefore, it is staff’s recommendation that the sidewalk itself be waived, that the dedication of the ten feet be waived; however, to maintain the requirement of a curb and gutter along Mote Street. He stated the Board of Directors Meeting 5 September 21, 2010 at 7:00 P.M. resolution should read as follows: “There will continue to be additional conditions which is to install curb and gutter along the east side of Mote Street pursuant to City specifications, the accessory driveway from Mote Street will have a minimum clearance of 13.7 and a combination lock will be provided for Sanitation and Fire Department access, the development site shall be constructed and developed in strict accordance with the approved site plan, all conditions and all technical codes and requirements applicable to the project, whether a review prior to commission approval or not, full compliance with all stormwater permitting and water quality regulations applicable to the project, installation of a parking lot, lighting and screening of all mechanical and utility elements, and contacting zoning inspection upon completion to ensure that all imposed conditions have been met prior to the issuance of a Certificate of Occupancy.” However, the ten-foot right-of-way and the five-foot sidewalk would be waived under the staff’s recommendation. He advised there was a meeting with staff on Wednesday morning after the Tuesday Board Meeting to discuss these developments and came up with a recommendation to give to Mr. Brooks. He stated staff spoke with him that following Friday, and it was his understanding based on that conversation that he was in agreement. Director Keheley asked if the Supreme Court ruling applies to any existing streets or just the prescriptive right-of-way. City Attorney Brian Albright replied that in the Vuncannon decision, which is a case that came out of the city of Jonesboro, it stands for the proposition that a city cannot require the dedication of an existing right-of-way on existing streets in exchange for the approval of the project. He added if it is a newly platted subdivision and talking about new streets within the interior of the subdivision, then right-of-way can be required. He added the city can only require additional right-of-way on existing streets if the city compensates for that property. Also, the city has the right of eminent domain, but with eminent domain comes just compensation. City Manager Lance Hudnell advised that it applies to both prescriptive and dedicated streets. Director McCabe said that he would like to hear from the applicant that what the City Attorney outlined is acceptable to him. Mr. Bob Brooks, 330 North Lancaster, Wichita, Kansas, replied that the terms mentioned by the City Attorney are acceptable to him. He expressed appreciation to him and Ms. Kathy Sellman, Planning and Development Director, for organizing the conference call with all the pertinent parties involved last week and for her actually Board of Directors Meeting 6 September 21, 2010 at 7:00 P.M. bringing the staff out to the property and reviewing it in person with him. He stressed that their dedication and professionalism are very much appreciated. 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 resolution was declared adopted. NEW BUSINESS 11 Proposed Resolution No. R-10-201 A resolution entitled, “A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH ARKANSAS MIDLAND RAILROAD FOR INSTALLATION OF A WASTEWATER PRESSURE PIPELINE,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Ramick, that the resolution be adopted as read. Upon discussion, Mr. Steve Mallett, Director of Public Works and Utilities, advised that the purpose of this resolution is to consider approval of a license agreement with Arkansas Midland Railroad. He said it is required to install approximately 3.5 miles of wastewater pressure pipeline parallel to the railroad tracks within the right-of-way, and this pipeline is part of the Fairwood Force Main Project. He stated the license grants the City Utility the right to install and maintain perpetually a pipeline within the right-of-way, and this agreement is typical of any other pipeline the City has installed within the railroad right-of-way. However, most of the licenses cover a perpendicular crossing or a crossing under the railroad tracks. In this case, it extends parallel to it for 3.5 miles. Rather than charging an annual license fee, which they do to other utilities, they allow the City to pay a one-time fee in lieu of that annual fee and the amount of that one-time fee was calculated at $152,000, and that will also be considered as part of the project and funded through the 2009 Wastewater Bond Fund along with the rest of this project. City Attorney Brian Albright explained this was removed from the Consent Agenda since there were some provisions within the draft of the contract provided to the City from Arkansas Midland Railroad that required the City to maintain a substantial insurance policy in areas that it typically enjoys tort immunity under state law. He Board of Directors Meeting 7 September 21, 2010 at 7:00 P.M. advised that Arkansas Code Annotated §21-9-301 says that the state and any political subdivision, such as the city, enjoys tort immunity to the extent that it does not have insurance to cover that issue. He said this agreement required the City to post $2 million worth of general liability, $1 million worth of automobile insurance, which the City is not required to do under state law. He stated he believes that was primarily placed in there because a Massachusetts lawyer prepared it, and there was conversation with him last week when he indicated he would speak with the president of the railroad company and get back to the City staff. However, he did not get back with him until he called him this week. He indicated the president was agreeable to reduce those terms to something that was discussed last week. However, they had referred it to a local attorney in Little Rock, who does not have the agreement prepared at this time. He advised that City Manager Lance Hudnell has a request of the Board with regard to authorizing the Mayor to execute this assuming that it comes back to the City in the format that it expected to be received. City Manager Lance Hudnell advised that the substitute resolution adds the following statement to the end of the resolution: “said agreement to be reviewed and approved by the City Attorney prior to execution.” 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 resolution was declared adopted. 15 Proposed Resolution No. R-10-204 A resolution entitled, “A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH ACTION, INC. REGARDING MECHANICAL AND ELECTRICAL RENOVATIONS AT MID-AMERICA MUSEUM,” 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. Upon discussion, Mr. Anthony Taylor, 111 Newtonwood, chairman of the board for Mid-America Science Museum, said they have negotiated with the low bidder; and the original bids were in excess of the funds available. In order to make sure they were in the budget, he said they cut everything out that was absolutely nonessential; and they have negotiated with the contractor and added back in things that they had to take out. Board of Directors Meeting 8 September 21, 2010 at 7:00 P.M. He mentioned the biggest thing was the emergency generator and new emergency lighting which is a crucial item but realized that may have gone over the budget if they did not take it out. He stated the one item that caused him to get this before the Board tonight was during the course of refurbishing two of the very large air handlers, they found that the shafts and flywheels of the blower motors were not suitable for refurbishing. He said they are a custom item, and the contractor needs to order them immediately, or they will be without heat in the cold weather. He advised they are spending the monies available within the bond issue, and they have left between $23,000 and $28,000 contingency. At this point, they hopefully have discovered all the unknowns; but if they have not, they will deal with that when they get to it. Director Daniel questioned where the money will come from if something else happens and the money in the contingency fund is not enough. Mr. Taylor replied they will ask the Advertising and Promotion Commission for it, but they have $500,000 in the bank. Director Daniel asked if he was planning on coming back to the Board, and Mr. Taylor advised that they would not. 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 resolution was declared adopted. 14 Proposed Resolution No. R-10-203 A resolution entitled, “A RESOLUTION APPROVING SUB-RECIPIENT APPLICATIONS FOR THE FY2011 ANNUAL ACTION PLAN AND AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND APPROVAL OF THE FY2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (AAP),” was taken from the agenda and read by title only. A motion was made by Director Ramick, duly seconded by Director Keheley, that the resolution be adopted as read. Upon discussion, Mr. Gerald Harman, Community Development Block Grant (CDBG) Coordinator, advised that this resolution is to approve the fiscal year 2011 sub-recipient applications and also the fiscal year 2011 Annual Action Plan; and the Annual Action Plan is required to be in the HUD office by November 15. He said that Board of Directors Meeting 9 September 21, 2010 at 7:00 P.M. he is required to hold two public hearings, and a 30-day comment period must follow approval of this Annual Action Plan and its approved projects. On July 15, 2010, the CDBG office opened the application process for sub-recipient applications for the funding of fiscal year 2011; and August 16, 2010, was the deadline for filing applications. He mentioned the CDBG office received three sub-recipient applications, and each of these applications must meet the U. S. Department of Housing and Urban Development (HUD) eligibility requirements to benefit and for national objectives. He said that national objectives for these applications is that it must benefit low to moderate-income people in documented measurable terms. The Community Development Advisory Committee (CDAC) held a public meeting on September 2, 2010, reviewed each application, and made recommendations. The three applications are as follows: (1) Whittington Valley Neighborhood Association in conjunction with the City of Hot Springs Parks and Recreation Department. This application demonstrates eligibility under the HUD regulations for benefit and national objectives, and the application is requesting $65,000 for certain park improvements at Whittington City Park. $50,000 is requested for new restroom facilities, and $15,000 is requested for playground equipment. CDAC recommended approval and funding in the amount of $65,000; (2) Hot Springs Documentary Film Institute. While this organization provides unique and educational and cultural opportunities, this application was reviewed by HUD and determined to not demonstrate eligibility under the HUD regulations for benefit and national objectives. On September 7, 2010, the applicant was afforded the opportunity to revise the application in order to attempt to meet the HUD requirements and decided not to do so. The applicant requested $27,690 for providing information of services from the participating service providers that can benefit them personally. CDAC recommended approval and funding for this application prior to HUD’s decision of denial; and (3) The ARC Arkansas. This application demonstrates eligibility under the HUD regulations for benefit and national objectives. The applicant requested $75,000 for accessibility funding for six units for the Majestic Apartments. CDAC did not recommend approval or funding for this applicant. Also, to be included in the fiscal year 2011 Annual Action Plan are the following changes: (1) Hot Springs Housing Authority. They were awarded $10,000 for the Family Self- Sufficiency Program in fiscal year 2010 and have withdrawn their application. This money will be reprogrammed into the fiscal year 2010 Housing Rehabilitation Program; (2) Garland County Habitat for Humanity. They were awarded $45,000 for Shaw Village for fiscal year 2010 for infrastructure. Upon completion of the infrastructure work, there was $5,031.92 left over; and Garland Habitat for Humanity has requested the remaining funds be reprogrammed into the Whittington Housing project; and (3) Homebuyer Education. $10,000 is requested to continue homebuyer education as listed in the Board of Directors Meeting 10 September 21, 2010 at 7:00 P.M. Analysis of Impediments to Fair Housing, but no vendor has applied as yet. CDBG office will procure a vendor utilizing the Finance Department’s Request for Proposals. Director Maruthur commented that CDBG funding is to help people with housing and repairs, and that was the intent of forming this organization years ago. She noted there are two projects that are being requested in her district (District No. 1), and she is not competing with any of the other Directors for funding. She said she was elected to represent the people of District No. 1; and with the economic downturn, there is a need for affordable housing. She pointed out that the Majestic Hotel is a redevelopment ($28 million), which would include retail stores and services to the Whittington Park and downtown areas; also, going green. She pointed out there would be an improvement in job creation during construction, jobs after the construction, and maintenance in perpetuity. She stated it will provide affordable housing and will also provide universal design which goes beyond the ADA compliance. She stressed this will be an anchor for downtown Whittington and Park Avenue, and there will be services, such as cleaners, perhaps some postal services, coffee shops, and donut shops. She said it will increase the population for the market analysis, which is needed on the north end and downtown to support a grocery store. She noted there is not a grocery store without going through the downtown area and mentioned an article which is about affordable housing setting new standards for sustainability urban design. She said it addresses specifically what The ARC of Arkansas is proposing. She then read and distributed a letter of support regarding the redevelopment of the Majestic Hotel from Congressman Mike Ross addressed to Ms. Cynthia Stone, chief operating officer for The ARC Arkansas. She referred to the CDAC Meeting on September 2, 2010, where there were questions. She said that Mr. Hitt gave a presentation and after his presentation, he was told he and the applicants could leave. She stated there were questions about contingency funds, but they were not addressed until later in the meeting when all of a sudden this was addressed. She added that Mr. Hitt had made the statement this is for 30 low-income apartments. She pointed out when someone is told “thank-you,” it implies there is no more business; therefore, he left. She said there were questions about how many households; it was made quite clear; and they began to vote. She noted there was a question about who makes the final decision, and the answer was “the Board of Directors will decide whether we have improvements in a park or housing for those in need.” She advised there was another question that was asked by Mr. Byron Rhodes –“ the Board can approve, no matter what we say”? “No.” She stated the committee is by its very nature named as an advisory committee; and they advise. However, they have to be informed to advise. The other question was “do they always take our advisory decisions?” and the answer was “no.” She stated the park was a co-applicant, which means they use the City as a conduit. She mentioned there Board of Directors Meeting 11 September 21, 2010 at 7:00 P.M. was a question “is it a nonprofit?” and the answer to that from the director of the CDBG program is “I cannot answer that.” There was another question and the head of the CDBG program said “I don’t know.” She commented there is a sudden selective memory that the project is $28 million, and that was corrected by the chairperson to be $28.4 million. When there was a question about how it is funded, all of a sudden there was knowledge about Home funds; and they have various sources. Some of it is a mortgage and some tax credits. She said the chairman of CDAC stipulated earlier in the program that she could not vote on this application anyway so she basically recused herself. She stressed that housing is needed, and The ARC of Arkansas has investors, who are waiting to spend $28.4 million; but they need support from the City. She noted that CDAC was not aware of all the things they had to ask. She commented the park will be there the next calendar year, and she supports funding for the park. She added it is a matter of urgency that these people be given the support of the city so there can be a closing. She said another question was “what if this fell through?” She stated the pool of money would be returned, but they need the City’s support. She reported that she had a call on Saturday regarding a water bill and then they asked for an application for the Majestic Hotel redevelopment but told applications were not being taken at this time because they have not gotten that far in the process. She stressed that people are waiting for housing, and the City needs to take care of the people first. Director Jones questioned the park, and City Attorney Brian Albright advised that the park is used in the city as a conduit because it is in Whittington Park and would be part of the park system. Director Jones asked if the city money from HUD can be put it in other city funds, and City Manager Lance Hudnell advised that it can be used on certain city facilities, but the City is not putting it in another fund. He explained the City is using the HUD money, and it will have to be accounted for separately. However, it can be used in parks in low and moderate-income neighborhoods, which is an eligible activity; but it cannot be used on City Hall. He advised there are certain city facilities CDBG funds can be used on and certain city facilities CDBG funds cannot be used on. City Attorney Brian Albright added that it still has to be in one of the target areas. Director McCabe clarified that the Community Development Advisory Committee (CDAC) addressed these applications separately, and the Whittington Valley Association had an application to improve the park, which is separate from the Majestic Hotel. He added that was recommended for approval by CDAC. He mentioned that he read the transcript and the disk and has a different impression of the role of the advisory committee. He said he believes they were very keen in asking the right questions; and as far as Mr. Hitt, he asked whether or not he needed to stay; and Board of Directors Meeting 12 September 21, 2010 at 7:00 P.M. the committee said that basically they were through taking testimony. He stated they were going to score the applications and render a decision, but they offered for him to stay because they asked how long it will before they know. He was informed if he stays in the meeting, he will know when they know because they will take a vote and will all know together. He stated that was available to that particular applicant. He said he has a different impression as how the advisory committee works, and they had an enormous amount of information to review, and they are forwarding their recommendations to the Board. He added he did not think there was anything the committee did to thwart a person’s ability to provide information to the committee or that they were cut off but believes it was just the opposite. He noted the committee allowed them to make their presentation, and then they asked a few questions and then the testimony part closed. Director Keheley questioned the timing and the short turnaround that the City has to submit these forward. City Manager Lance Hudnell advised that staff needs the Board’s action first and then the application has to be in by November 15. However, between now and then, Mr. Harman has several action steps that have to be taken between this action and that action. Mr. Harman advised that once the applications are approved for the Action Plan, then he has to have a 30-day comment period on that Action Plan and those include approved activities and two public hearings before he can turn this in on November 15. He added the comments from the public hearings become part of the application that goes forward to HUD. Director Maruthur pointed out in the CDAC minutes, Mr. Hitt said “thank you very much” and then staff said they would like to thank everyone for coming and being available to answer the questions that the Board has about their applications. She noted on the audio, it says male speakers, but she does not know who the male speaker is. She pointed out there are many parts of the tape that were not clear. She said it is very clear in the minutes that a lot of comments did not make it into the transcript. Director Jones said that CDAC recommended approval of the Hot Springs Documentary Film Institute, but Mr. Harman said they did not meet compliance. She noted they were given a certain amount of time in order to do it, but they provided no supplemental data. She asked if they now have until November 15. Mr. Harman advised that they did not. He explained that the applications before the Board to be approved or not have to be included in the Action Plan that is going to HUD on Board of Directors Meeting 13 September 21, 2010 at 7:00 P.M. November 15. He explained in order for him to do that, he has to have these applications approved or not today and then have a 30-day comment period, as well as two public hearings, before he can submit this to HUD. City Manager Lance Hudnell pointed out that the comment period now is on the applications as approved where the previous comment period is on the applications to be submitted. Director McCabe said that Mr. Harman made a comment regarding the fact that HUD had reviewed the Hot Springs Documentary Film Institute and did not feel it met the requirements. He asked if this has already gone to Washington for review. Mr. Harman advised that they do not go to Washington but go to a Little Rock field office. He said there is a Community Planning and Development representative for each entitlement city within the district. Director McCabe asked if that was normal to send it there or if he sent it because he was having problems justifying it. Mr. Harman replied that he sent it there because he could not find documentation of benefit and compliance with national objectives. He added if there is not clear demonstration of compliance with the HUD regulations, he will contact them. Mr. Dan Lewin, 135 Magnolia, said he is a member of CDAC, and voted against the resolution. He stated that he did not feel the committee received complete presentation; and since then, he has had a number of people talk to him about this. He stated that he now understands that the $75,000 they wanted for this project is really necessary. He explained that he understood in the beginning that they have $28 million in this plan, and he could not understand why $75,000 would be such a big deal if there was some type of contingency. but the way people have explained it to him now, there are a number of investors who are willing to put their money into it; also, there is some money that is needed for little things that came up; and it came to $75,000. He pointed out if the City is not willing to invest $75,000 in a project that large, some of the investors might pull out. He said not only would it make a difference in the Majestic Hotel, but it would bring other businesses back in which the City needs. He stressed there is a need for a grocery store and also bring in better businesses, and the students from the Arkansas School for Mathematics, Sciences and The Arts would have a place to go to downtown. He urged the City support them and authorize the $75,000. Mr. Mark Toth, 110 Montclair Lane, vice president of the Whittington Valley Neighborhood Association, advised they partnered with the City’s Parks Department to revitalize Whittington City Park, which is a park that is almost 40 years old and has not Board of Directors Meeting 14 September 21, 2010 at 7:00 P.M. seen any significant improvements in the last ten years. He said the Parks Department does an admirable job, but they have had budget cuts. He noted the playground equipment had to be removed and because of budget shortfalls could not be replaced; also, the bathrooms had been there for numerous years and were in deplorable condition. He mentioned they have spoken to many in the community about this project and then read letters of support from Garland Habitat for Humanity; the Park Avenue Community Association; Mr. Mark Fleischner; Reverend Leon Massey with Roanoke Baptist Church’ and Mr. William Reeves, senior minister at First United Methodist Church. He said this is a project backed by many people and asked for the Board’s support. Director Maruthur stated that Mr. Toth has done a wonderful job, and she supports the park. She commented this is a matter of housing for those in need. She said that she spoke to Mark Fleischner today, and he wholeheartedly supports this revitalization for downtown. She added that not everybody from the Whittington area is in favor of this. She pointed out that Mr. Toth commented the two projects are not exclusive, and they can both be approved. She noted Director McCabe made a point, the park improvement is one issue and the ARC Arkansas is another. She said that she also favors The ARC Arkansas and believes that many in the association would. However, they did not have time to come together and get organized. Director Keheley asked if they are competing, and Mr. Toth replied that they are not and both could be approved. Ms. Malinda-Herr Chambliss, 908 Garland, with the Hot Springs Documentary Film Institute, requested that any decision on the HUD sub-recipient grants be tabled until the following issues can be clarified or resolved. She stated as an applicant for the Community Development Block Program funds, the Hot Springs Documentary Film Institute has been subject to misleading and somewhat confusing directions and instructions. After an oral presentation before the CDAC, she said they were informed that the committee had approved their grant 3-1 to be forwarded to the body for approval. Shortly thereafter, Mr. Harman informed her that HUD had denied their application for lack of insufficient documentation needed to fulfill its requirement. She said she later learned that HUD was contacted by Mr. Harman, and it was difficult to see where that documentation came from. She advised that the HSDFI complied with all of the requirements asked by HUD; and in subsequent meetings with Mr. Harman prior to the submission for approval, they were encouraged to go forward with their application. However, Mr. Harman later demanded more documentation. She advised because of their integral members and many components of their grant and grant Board of Directors Meeting 15 September 21, 2010 at 7:00 P.M. committee, and upon immediate demand, most of the committee members had moved on to other commitments. She said they informed Mr. Harman that they had no choice but to move forward with the way that it was and to appear before the Board of Directors for consideration. She commented they find it awkward that their application was approved to be submitted; but at the llth hour, it was rescinded for more information, which it was impossible to comply. She requested that the Hot Springs Documentary Film Institute’s grant application be approved or that all decisions be tabled for further discussion and clarification. She said any question of sustainability should be addressed by stating that Hot Springs Documentary Film Institute’s ability to function has been continued since 1992. She advised they are one of the largest owners of property in a nonprofit status of over 65,000 square feet contributing $4.5 million to the economy and are very devoted with multiple partners to go forward on this program. She commented this is an innovative program and involves many components, the results which can be highly documented. She said the citizens will be taught how to sustain their facilities and their homes. Also, this is a housing educational community initiative that is supported by several agencies to go forward. They will be showing a series of films from other communities where lighted and housing areas, which had no hope, were revitalized by the community coming together and talking and empowering themselves to work together and improve their housing areas and more tax benefits for the community. She requested that their application be tabled for further discussion and clarification. Mr. George Pritchett, 210 Carl Drive, suggested in reference to the Hot Springs Documentary Film Institute that the Board table this issue and give them an opportunity to provide the other data and for someone to explain to them where the shortcomings are. He said anytime there is a private group that wants to put this much money and effort into the community and there is an opportunity to get them some grant money, the City needs to be behind them. He asked that the Board consider tabling this issue. In reference to the park, he expressed concern stating there is a large Parks budget already ($1.1 million), which is six percent of the Parks budget. He commented the Whittington group does not qualify for this money, and Whittington does not have a 501C-3 nor a tax ID. He said if the Board approves this and puts $65,000 in this area, next year, the City will have to fund more money for Parks because it has to maintain everything that is improved in this area. He questioned where the City is going to get the money when it will be facing a $2 million shortfall in the 2011 budget. He noted there will be cutting budgets and cutting the Parks budget dramatically, which will come out of people and employees. He commented the City faces an economic crisis with its infrastructure and the City’s needs include repairs to the fire stations, replacement of the police communication systems, deferred maintenance, deferred capital requirements Board of Directors Meeting 16 September 21, 2010 at 7:00 P.M. that the City will be paying for in 2011 and many years to come. He stressed that the City cannot continue through whatever means (grants, etc.) to parks, grow obligations, and maintenance obligations. He mentioned there are a number of parks in the City that are unsafe, and sometimes Whittington Park is unsafe and suggested checking the Police records. Ms. Janice Jones, 113 Carney, commented it is unfortunate there are two worthwhile projects in District No. 1 and are unable to find the funding or at least the discussion of the funding for both projects. She asked where do citizens go to read the minutes of the CDAC meetings. City Manager Lance Hudnell advised they can be obtained from his office or Mr. Harman’s. Mr. Blake Robertson, 209 Trojan Terrace, said there appears to be some confusion, and there is a perception of confusion in the public. He stated he hopes the Board will consider tabling the issue until further discussion because money is so important to each of these groups, and he would hate to see a hasty vote made on some confused issues and the groups that did not get the money suffering. Ms. Cynthia Stone, 138 South Lakeland Point, chief operating officer for The ARC Arkansas, stated they have been working on the Majestic Hotel project for three years and finally have investors lined up. She said HUD is ensuring the loan that the Berkshire Hathaway Company, Berkadia, is providing for the project. Chevron will be the historic investor for the project. They also have new market credits lined up for the commercial space. She spoke of the economic impact the $28 million project will have on downtown Hot Springs, not only for housing but for commercial space, and the jobs that it will bring. In regard to any housing, she stated they always develop the housing using universal design. She explained that universal design is an architectural design that goes beyond the ADA requirements, and that every unit, whether it is market rate or affordable, is designed so that any person can live there and friends can visit, whether they have mobility devices or friends that have to open the doors with a closed fist. She mentioned that universal design becomes more important as people age. She stated they have requested from the City help with the affordable units, and there will be 30 affordable units. With the affordable units, they will be using HOME Funds from Arkansas Development Finance Authority. She mentioned in order to make all of the units universal design, there are some amenities that must be added. For the six affordable units for very low-income individuals, they needed some extra money to make those exactly the way they need to be; and they have requested $75,000 from the City to help do that. She advised when they have gone to the investors around the country and talked them into investing in the City, they always ask what the City is doing Board of Directors Meeting 17 September 21, 2010 at 7:00 P.M. for this project. She advised they have not come to the City to ask for money because they needed to know what was needed. With the affordable units, she said they have to sign an agreement with Arkansas Development Finance Authority that they will maintain these units as affordable units for 40 years; and to maintain them as affordable units, means being monitored by Arkansas Development Finance Authority. They come in every year to make sure every tenant living in those units qualifies by income, and they also check every single thing to make sure the units stay in compliance, not only with affordability but also with health and safety issues so they can guarantee to the City that the $75,000 will go for affordable units and that they will be monitored on an ongoing basis through the Arkansas Development Finance Authority monitoring. Director McCabe said that she and Mr. Lewin made reference to investors and asked if they are private investors. Ms. Stone advised that Berkadia is a company that is making the main loan; and it is $11 million; and they were formed by Berskshire Hathaway, which owns 50 percent of Berkadia. She explained they do a lot of HUD insured loans, and they are the ones that have taken this to HUD at the national level and now to the state level. Also, they are the ones who are getting the HUD guarantee for the loan, which protects them and the City because the City is going to have a project that is not being guaranteed by a tiny nonprofit, but it is being guaranteed by HUD. Director McCabe said that he was referring more to individual, private investors. Ms. Stone replied there are no individuals. Director McCabe asked if she is saying the project will implode if the $75,000 is not approved, and Ms. Stone replied that it will not implode; but they will have to value engineers some things out of the project. Director McCabe said what he understood in the Board report, these funds will not be available until July or August; and he is not sure when HUD makes their determination. He stated that he knows there is a timeframe between when the funds are available and when they might be aware of the approval, but it is based on how much money is available across the country so all of this could be downsized. Ms. Stone commented with the status of the project, it is in the final stages of the HUD guarantee; and HUD will be issuing their firm commitment within the next 30 days. Then Arkansas Development Finance Authority is in their final process of issuing their commitment for the funds. She noted that all of the attorneys have to come together and make sure all these different types of funding sources fit together the way they should, which takes some time. She advised the project will begin probably in December or January with construction. Director McCabe asked if they own title to the property, and Ms. Stone said they will not until they close. She explained they have an Option to Purchase Contract, and Mr. Monty Scott still owns the property. Board of Directors Meeting 18 September 21, 2010 at 7:00 P.M.  Mr. David French, 132 Lakeside Lane, said this is a block grant for the Department of Housing and Urban Development and will make an enormous impact from just the construction workers working on it for 18 months to people living there, creating a new tax base, new utilities, etc. He asked that someone explain to the audience that the money comes in from HUD, and it is distributed. If it is not distributed, then it has to be returned. Director Daniel pointed out that a couple of people have questioned why there is a competition against these two projects, and he does not know where that came from because there is not competition. He pointed out the money comes from the federal government, and it is the City’s charge to make sure the CDBG money goes toward the projects that qualify. If they do not qualify, then the City cannot do it. He mentioned the money is there to use, and he wants to see something done with the Majestic property. In regard to the parks, he said he did not know where Mr. Pritchett got his information, but the park is 40 years old. If the facilities inside the restrooms are not there and the City puts them back in there, then the maintenance on that will not be any more than the old ones. He explained the money comes from HUD and not out of the City’s budget. City Manager Lance Hudnell advised that Hot Springs is an entitlement city; therefore, the entitlement for fiscal year 2011, which starts October 1, 2010, is $427,000 estimate at this time. However, the City has to wait on the actual appropriation from Congress, which comes in sometime next year. He explained the budget is $85,000 for administration and planning; $229,653 for owner/occupied single-family housing rehabilitation (program that the Board previously approved that the majority of the funds are used for); $37,347 for the housing specialist that works with that program; $65,000 for the Parks project; and then $10,000 for public service for analysis of impediments to fair housing, which is part of the requirements that the City has to do under the program. He added this is the Community Development Block Grant program, and it does come with lots of strings. They are well aware of The ARC project because they have to deal with them in other places, but these pass on to these third-party contractors. Therefore, they have to comply with all the federal regulations once they take federal dollars. He stressed it is important that the Board understand when it makes allocations to third parties, the Board is still responsible; and should anything go wrong, it is the Board that is responsible for those funds, not necessarily the third party other than through the enforcement of an agreement. City Attorney Brian Albright pointed out if the Board were to award the $75,000 to The ARC Arkansas and continued to fund Whittington Park, essentially that $229,653 Board of Directors Meeting 19 September 21, 2010 at 7:00 P.M. would be reduced by the $75,000, leaving $154,653 for owner/occupied single family rehabilitation. City Manager Lance Hudnell added that basically the Board will be making a decision, which is the Board’s prerogative, to do three less houses and do the six units at ARC. He explained this would move the money from housing rehabilitation to the ARC project if that is the Board’s wishes or replace one of the other projects. Director Maruthur asked that Mr. Byron Rhodes, a member of CDAC, be recognized. She asked how he felt about the vote for ARC. Mr. Byron Rhodes, 302 Whispering Hills, said that he has been on CDAC only for three meetings. From the committee’s view, he stated this money was not even guaranteed to be there. He noted three people appeared before the committee. Ms. Chambliss, with the Documentary Film Institute, wanted a certain amount of money; and if they did not get that amount of money, then apparently that project would not go forward. The next was the Whittington Park proposal, and there were a dozen people from that area indicating that the value of the properties in the Whittington Park area had gone down 20 to 33 percent; and this could also help the City. He mentioned the last one was the Majestic Hotel, which was a $28 million project; and the request was $75,000. He said there were questions to Mr. Hitt, who gave information; and Mr. Willie McCoy, a member of CDAC, asked if there is a contingency in case the City does not have $75,000. He said they are getting the impression the $75,000 comes from the City; and if he had known it was coming from somewhere else, their impression was they are voting on tax dollars for the citizens. He noted Mr. Pritchett makes a point if the City takes these government monies and builds these things, then it may be up to the City to keep them up. Therefore, it may cost a lot of money to keep up what maybe the City is getting for free. He stated they thought when Mr. Hitt indicated there were contingencies and if this is going to implode this situation, and Ms. Stone indicated it would not, that is the same thing they were thinking if they did not give the money to the park, there would be no park. If they did not give any money to the Majestic project, there would be no project. He noted it is a recommendation, and the people elected the Directors to make those decisions. He said if they had a little different presentation indicating this was so important that $75,000 was going to cause a $28 million operation downtown to stop, they would have considered that; and he believes the Board should consider that also. Board of Directors Meeting 20 September 21, 2010 at 7:00 P.M.  A motion was made by Director Maruthur that the resolution be amended to add Item No. 4 ($75,000 for ARC Arkansas - Majestic Apartments Project for universal design) and reduce owner/occupied single family housing accordingly. Mayor Bush called for a second to the motion; and there being no second, the motion died for lack of a second. Director Daniel asked if the City is going to be able to fund out of that extra money for the single dwellings and if that will be part of the Garland County Habitat for Humanity. City Attorney Brian Albright advised there will be $154,653 left, and Garland County Habitat for Humanity is getting re-project $10,000 it is carrying over from this year. City Manager Lance Hudnell advised the Garland County Habitat for Humanity money is not part of the $427,000 but is carry-over funds from 2010. Director McCabe pointed out it was indicated if it is included in the applications $75,000 for The ARC of Arkansas and all the monies were approved ($427,000), the rehab of individual homes would be reduced by $75,000. City Attorney Brian Albright stressed it is for homes just in the target areas, and it could be as many as three homes because the cap is $25,000 per residence. Director McCabe pointed out that the City could do $5,000 and 15 homes. City Manager Lance Hudnell noted that most of them run near the cap. Director Keheley asked how many homes could be rehabilitated; and City Manager Lance Hudnell advised if $229,000 is divided by $25,000, it would be around nine. Director Jones asked where are the homes are located that will be done with this money, and Mr. Harman advised that he has a list of about 65 to 70 applicants. He added it is not designated who will get the money yet in this particular document, and the only thing designated in this document is the housing rehabilitation program as a whole and then any sub-recipients that the Board chooses to fund. He pointed out this is the application to HUD for the actual grant, which is for the entire entitlement amount and is estimated at $427,000. Director Ramick commented the way he understands it, the resolution is for $65,000 for Whittington Park; $5,031.92 that is reprogrammed for 2010; $45,000 for Whittington housing project; and $10,000 for the analysis of impediments to fair Board of Directors Meeting 21 September 21, 2010 at 7:00 P.M. housing. Mr. Harman advised that the $45,000 was already awarded and that was 2010. Director McCabe asked that he provide an overview again of the timeframe because there was some testimony tonight regarding tabling to allow the Hot Springs Documentary Film Institute to put forth additional information. He questioned if the Board has to make a decision tonight, and Mr. Harman replied that the Board did. In regard to the timetable, this application process began in July with advertisements to receive applications for funding. Director McCabe asked where this document goes once approved by the Board, and Mr. Harman advised that this goes to HUD on November 15. Director McCabe commented they review and approve the projects so even though the Board might approve them, HUD can say this is not acceptable. He asked when the City submits projects that are not acceptable, if that is a blemish on the City, and Mr. Harman replied that it is not. He added he tries to review each application; and if there are questions, he will contact HUD to confer with them. Director McCabe questioned if the Board approves funds for the Documentary Film Institute and HUD received it, they would strike that immediately, and Mr. Harman said that is correct. Director Maruthur said at one point a couple of Directors commented the Directors are not in competition. She stated she made a motion but did not receive a second. She noted the Board is considering funding a park over supporting what is needed for a $28 million project which would provide housing. Regarding the articles, the facts, and the things that were not answered during the transcribed minutes for the CDAC meeting, she said they are in competition. She added the Board is going to fund a park when people need to begin the process of providing housing, an investment, and an anchor in the community. A motion was made by Director Maruthur to amend the resolution to fund The ARC of Arkansas but postpone the park. There being no second to the motion, the motion failed due to lack of a second. Board of Directors Meeting 22 September 21, 2010 at 7:00 P.M.  At this time, Director McCabe called for the question. A motion was made by Director Keheley, duly seconded by Director Jones, to accept the proposal as presented to the Board of Directors tonight with one consideration that the Board send back to the committee the appeal from the Hot Springs Documentary Film Institute for further review and assistance to see if they qualify. Upon discussion, City Attorney Brian Albright advised that the resolution on the floor is to approve the application; and the application has to be finite. He said this motion is asking the Board to approve a partial application. He advised if the Board wants to send it all back for more consideration by CDAC, then it can. However, the Board cannot send part of it back. Director Daniel asked if the Hot Springs Documentary Film Institute had the opportunity to go back and appeal to CDAC or HUD. City Attorney Brian Albright advised that the application is before the Board tonight for its consideration, and the Board can either approve the application, amend the application, or send it back. Director McCabe said that he had called for the question. Mayor Bush then called for a vote on the motion to approve the resolution; and upon roll call, the following voted “aye”: Directors Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 6. Voting “no”: Director Maruthur; motion carried. Whereupon the resolution was declared adopted. City Manager Lance Hudnell pointed out that he did not want anyone to be confused that by CDAC’s actions, they were saying something was wrong with the Hot Springs Documentary Film Institute. He stated that is a tremendous organization of benefit to everyone, but it was just a matter of it fitting the requirements. Director Keheley asked if the Board could encourage the Hot Springs Documentary Film Institute to make application again next year or at the next qualified time and with the assistance of Mr. Harman to see if they can get a successful application. City Manager Lance Hudnell replied that it could. Board of Directors Meeting 23 September 21, 2010 at 7:00 P.M.  OTHER BUSINESS 15 Board of Directors Items for Discussion Director Maruthur expressed appreciation to the Board for being courteous tonight. She said that she wanted the community to understand that the Board approved a park over housing, that there was not a second to the motion. She stated that she finds this unacceptable, and she will continue to represent the people over things. She added that she receives calls regarding applications and is very disappointed that a park took precedence over housing. Director McCabe pointed out that these were not “either” “or.” He commented there was a pool of funds, and all projects should have been approved. Speaking for himself, he said as far as The ARC project, the testimony was that the project would continue. He said they may not get the $75,000 because Washington may not allocate the same dollars as they have in the past; and it would not be available until July or August. He noted that Ms. Stone indicated they were going to begin the project as soon as there was a closing, and they were going to do the project whether they had the $75,000 or not. He commented this group had investors that have a budget of $28 million, and the $75,000 for the community to be used for up to three individual homes to be improved and rehabed and that individual families within the community could live. He said to suggest that the City is going to take $75,000, which it does not even know exists, and is going to give it to an entity that already has funding for $28 million in favor of supporting low-income homeowners to rehab their homes through a city program using HUD funds, that is where he thinks the weight of evidence is to the individual homeowners. Director Maruthur commented that in the past the Board voted for sidewalks for certain areas in lieu of housing; however, she did not vote for it, but it was done. She added this is not a precedent. 16 City Manager’s Report City Manager Lance Hudnell gave the following report: Board of Directors Meeting 24 September 21, 2010 at 7:00 P.M.  1. On the Consent Agenda, the Board approved applying for a grant for technology equipment for the Police Department which will continue and basically complete the MTD program for $325,000 through the COPS Program. 2. Business Expo is Thursday, October 7, from 8 a. m. to 4 p.m. “Building Business for the Future” is the theme this year; and the City will have a booth. 3. Police Chief applications are due October 1. 4. He expressed appreciation to Mr. Adam Roberts, director of the Hot Springs/Garland County Beautification Commission, for his work in the City’s receiving “Keep Arkansas Beautiful Shine” award for the third consecutive year. Hot Springs is the only community to receive that award three times. That ceremony will be held in the Board Chambers on Tuesday, September 28, at 10 a.m. 5. The Fire Marshall has issued a burn ban until there is significant rain. 6. The Sheriff’s Office sent a thank-you to Mr. Paul Gregston with the Utilities Department who helped them retrieve a stolen boat object off Ricks Lake; Mr. Jerry Williams with Hyundai of Hot Springs thanked Ms. Robin Wise, Planning Department, for her professionalism in helping him understand the City’s regulations, etc. and explaining the Sign Ordinance. 7. He thanked the CDAC Committee for its service, and there is a vacancy on that committee. 8. The Prayer Breakfast will be held on October 5, at 6:20 a.m., Horner Hall, and asked that the Directors contact his office if they plan on attending. 9. The agenda meeting will be held on Monday, September 27, at 4 p.m, followed by the Budget Work Session, which will be budget priorities. Director Daniel said that he received a compliment on Ms. Kathy Sellman, Planning and Development Director, from a past city official and wanted to compliment her on her professionalism and how she took care of a job for him. Director Keheley said that she would like to do something for the Majestic project and asked if there was anyway the Board could pass a resolution of support. City Manager Lance Hudnell said that he had mentioned that to Ms. Stone earlier; and if that Board of Directors Meeting 25 September 21, 2010 at 7:00 P.M. is the Board’s pleasure, that will be included on the next Board agenda. He stated Mayor Bush has submitted letters already, but it would be good if the Board as a whole submitted a resolution. 17 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:45 p.m., to meet again on Tuesday, October 5, 2010, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Spicer, City Clerk Mike Bush, Mayor Board of Directors Meeting 26 September 21, 2010 at 7:00 P.M.