Board of Directors

MINUTES BOARD OF DIRECTORS MEETING OCTOBER 5, 2010, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Tuesday, October 5, 2010, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Lynda Hogaboom, 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, Cynthia Keheley, Pat McCabe, Rick Ramick, Tom Daniel, and Mike Bush, total 6. Absent: Director Elaine Jones. 2 Approval of Agenda A motion was made by Director Ramick, duly seconded by Director Keheley, that the agenda be approved. Upon discussion, Mayor Bush announced that a written request has been received from the applicant, Ms. Kathy Johnson with Danny Thomas Management, to remove Item No. 17 (Claim from Indiandale Manor Apartments Regarding Damage to Property from Water Meter Change-Out in the Amount of $3,808.57) from the agenda. Mayor Bush then called for a vote on the motion to approve the agenda with the removal of Item No. 17; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of September 21, 2010 Board Meeting A motion was made by Director Daniel, duly seconded by Director Maruthur, that the minutes of the September 21, 2010 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests At this time, Mayor Bush read a Proclamation extending sympathy to the family and friends of Dennis R. Smith and honoring his life. Ms. Brittany Smith, daughter, accepted the Proclamation on behalf of the family and expressed appreciation to the Board and a special thanks to Director Elaine Jones; to Mr. Michael Slates, who initiated the proclamation recognizing her father; and to the people of the community for showing their love and support to the family during their time of loss. 5 Board of Directors Announcements Director Keheley acknowledged the professionalism of all the agencies and members of the teams of the Hot Springs Police Department, the S.W.A.T Team, and the Garland County Sheriff’s Department Tactical Response Team in the successful execution of several high-risk warrants on September 30 in District 3 and District 4. She said through the combined efforts of the Drug Task Force, the Arkansas State Police, the Garland County Sheriff’s Department, and teams of the Hot Springs Police Department, there were five high-risk felony charges and arrests. She stated that she and Director McCabe witnessed a portion of the execution and thanked all of the teams for what they did for the County and City. Director McCabe also spoke of the professional job that the law enforcement undertook on that day noting there are some needs within the law enforcement community, and he is speaking of all law enforcement because of their inability to communicate with each other when they are on these high risk searches and warrants. He pointed out a police unit had to be sent with the Sheriff’s Department so that the police and sheriff unit could talk. He added if something went bad, the sheriff or police have to stay in the background in order to see what is going on and to communicate the need for additional personnel if additional personnel is needed. He stressed that is a loss of time which could result in a loss of life. He added those are challenges that the community faces within the Police Department, the Sheriff’s Department, and perhaps the Arkansas State Police. He emphasized those are issues that need to be addressed in the near future. He announced that the 19th Annual Hot Springs Documentary Film Festival will be held October 15 through October 24. He then distributed programs which outlined all of the various documentary films that will be showing. Board of Directors Meeting 2 October 5, 2010 at 7:00 P.M.  CONSENT AGENDA The Consent Agenda consisted of the following: 6 Public Safety Committee Report (September 21, 2010). 7 Proposed Resolution No. R-10-205 Approving Certain Bid Awards (a) Server - Police Department [awarded to VSS in the amount of $38,300]; (b) Emergency Lights and Equipment for Unmarked Units [annual supply contract awarded to Fleet Safety Equipment]; (c) Refuse Containers - Sanitation Department [awarded to Downing Sales in the amount of $43,650]; (d) Road Bores - Utility Administration [annual supply contract awarded to Coakley Company]; (e) Actuated Valves - Utility Administration [awarded to Eco-Tech, Inc. in the amount of $31,336]; and (f) Lighting Improvements at City Hall and Parking Deck- Public Works [awarded to Excel Energy Group in the amount of $26,874.43]. 8 Proposed Resolution No. R–10-206 Authorizing the Mayor to Execute Lease Addendum No. 1 with James Morton, d.b.a. P A DotCom, Inc., for Certain Property at the Airport. 9 Proposed Resolution No. R-10-207 Adopting General Fuel Pricing Policies for the Sale of Aviation Fuels at Hot Springs Memorial Airport; and Repealing Resolution No. 7278. 10 Proposed Resolution No. R-10-208 Approving Change Order No. 2 to an Existing Contract with Frank Manzer and Associates for Real Estate Appraisal Services Related to the Higdon Ferry Road Improvement Project, Phase II (AHTD Job Number 061113). 11 Proposed Resolution No. R-10-209 Approving Change Order No. 1 to an Existing Contract with H&H Electric for Electrical and Mechanical Improvements to Wastewater System Pump Stations. Board of Directors Meeting 3 October 5, 2010 at 7:00 P.M. 12 Proposed Resolution No. R-10-210 Authorizing RJN Group, Inc. to Proceed with Phases IV, V, and VI of an Existing Contract to Provide Preliminary and Final Design and Bidding Services, and Approving Corresponding Amendment No. 1 for Wastewater Collection System Improvements. 13 Proposed Resolution No. R-10-211 Accepting a Grant with the State of Arkansas (National Highway Traffic Safety Administration) for Two Full-Time Probation Officers; One Part-time File Clerk; and Travel for District Court Staff [D.W.I. Court Operation]. 14 Proposed Resolution No. R-10-212 Accepting a Grant from the State of Arkansas (D.W.I. and Other Drug Countermeasures and Occupant Protection Program). 15 Proposed Resolution No. R-10-213 Confirming the Appointment of Diana Bratton to the Hot Springs Advertising and Promotion Commission. A motion was made by Director Maruthur, duly seconded by Director Keheley, that the Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors Maruthur, Keheley, McCabe, Ramick, Daniel, and Bush, total 6. Absent and not voting: Director Jones; motion unanimously carried. NEW BUSINESS 16 Proposed Resolution No. R-10-214 A resolution entitled, “A RESOLUTION SUPPORTING THE REDEVELOPMENT OF THE FORMER MAJESTIC HOTEL COMPLEX IN DOWNTOWN HOT SPRINGS BY THE ARC ARKANSAS,” was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Keheley, that the resolution be adopted as read. Upon discussion, Director Maruthur commented that the redevelopment of the Majestic Hotel will create jobs during and after construction, maintenance in perpetuity, Board of Directors Meeting 4 October 5, 2010 at 7:00 P.M. affordable housing, universal design, which goes beyond ADA compliance, will serve as an anchor for the downtown area, for Whittington and Park Avenue, and will be next to the redevelopment of the Arkansas School for Mathematics, Sciences and The Arts. She said it will offer retail services that are needed and will change the market analysis, which gives the potential for a grocery store. She then read a letter of support from Congressman Mike Ross. She also mentioned an article from the September issue of City and Town (“Revitalized Downtowns Benefit Whole Communities”) and another article entitled, “California Affordable Housing Communities Set New Standard for Sustainability Urban Design.” She stated the Board wants to extend all of its support to the redevelopment of the Majestic Hotel and appreciates all of the work that The ARC Arkansas has gone through for years trying to make this happen. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Keheley, McCabe, Ramick, Daniel, and Bush, total 6. Absent and not voting: Director Jones; motion unanimously carried. Whereupon the resolution was declared adopted. 17 Claim from Indiandale Manor Apartments Regarding Damage to Property from Water Meter Change-Out in the Amount of $3,808.57 (Withdrawn from Agenda) 18 Claim from Ms. June Brooks, 124 Jacobs Street, Regarding Water and Sewer Connection Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, explained that Items 18 and 19 are similar requests from Ms. June Brooks and Ms. Barbara Morano, who purchased property that were adjacent to each other; and each one purchased three lots on Jacobs Street. He advised a request was received from both ladies to provide water and wastewater service to each of their three lots which were recently purchased. He informed the Board they stated they were assured that utilities were available at the time they purchased the property from one of the other parties involved with the sale. He added that statement is partially correct, and there is a water main that exists across Jacobs Street from the properties that require a meter to be set off of it; and the cost of that was approximately $900 per meter set. He commented that historically, the City has not participated much as far as services. However, there was an instance on Fox Pass where the City extended a water main; but since he has been with the City, the City has not considered service line work and let the developer or homeowner bear that cost. In regard to wastewater service, he Board of Directors Meeting 5 October 5, 2010 at 7:00 P.M. said there is not any wastewater line adjacent to the property; but there is one in the vicinity; and to the south, there is a gravity wastewater line that could be extended up the back side of all the ten lots together that make that block and come into an undeveloped alley to the two properties. He stated that Ms. Brooks is on the north side, and Ms. Morano is on the south side, which would provide service to the other four lots to the east if they were to ever develop in the future. He pointed out if Ms. Brooks and Ms. Morano were to pay for this themselves, they may elect to take the shorter route, which could come up from the southeast corner of Ms. Morano’s property and come straight through an easement. Staff would recommend if the City were to move forward with this project with City funds that the City would go ahead and install it as shown on the map so that it would provide service to all of the lots within a block. If the City were to elect to participate in this project, either partially or totally, staff would recommend that would be the route chosen. He mentioned the Board has decided to include funding every year in the budget for such unserved areas with wastewater, but there is not anything similar to that on the water side in the budget. He advised there is $32,000 set aside in the 2010 Wastewater Budget but has not been spent to-date. He noted the cost of this line extension is estimated to be approximately $20,000, assuming staff does the plans in-house but contract out the work. He pointed out that would address both of the ladies’ issues on the wastewater side, but there is not any money set aside for water. However, it would be the Board’s discretion on how to deal with the $1,800 request. He advised that staff has no recommendation other than to say the money for wastewater is available if the Board decides to go that direction and either do part, all of it, or none of it. Director Maruthur pointed out the City has $32,000 that is specifically set aside for issues like this, and it is the discretion of the Board whether or not this is a hardship. She mentioned this would consist of 289 feet of the eight-foot gravity sewer main, three manholes, clearing and contingencies so it would not absorb the total amount reserved for this. Ms. June Brooks, 226 Lee Barron Loop, advised that she bought property at 124 Jacobs Street from Jeff Flock in good faith. She mentioned she is on a fixed income and was told by Laura Jones, of Trademark Realty, that all utilities were at the street with access to the property. Also, she went to the Planning Department to submit the sketch of where the mobile home would be, received her new address, and then went to City utilities for a permit, which was to be ready the next day; and there did not appear to be a problem. She said that she budgeted for the cost of utilities at the street as she was told. She stated that she cashed in all of her CD’s and bought a mobile home; and the day after the purchase, she went to City Hall to pick up her permit and was then Board of Directors Meeting 6 October 5, 2010 at 7:00 P.M. told there were no utilities at the street; and it would cost thousands of dollars for a sewer main extension. She added she was then told there was water at the easement but found out that is used by a nearby apartment building and would not be available. Ms. Jones, of Trademark Realty, then told her, as she was advised by a city employee, that there was water on her property at the corner of Jacobs and Marymee; but this turned out to be false since the water is actually across the street, which is another additional expense she was not expecting. Ms. Brooks stressed that she feels she has been misled and as a result spent her life savings. She stated she will sell her current trailer, which is a 15-year old single-wide. She added if she did sell it to try to meet all of the additional expenses, she would have no place to go since she has no family living here. She said she would have to get a furnished rental which is hard to do since she has a watchdog. Also, she would also have to rent a storage building, pay movers to take everything to storage, and then to the new mobile home. She pointed out that she does not have the money for all of these expenses and could not get a loan at her age, especially with her limited income. She said she just learned that Mom’s Mobile Homes, which is where she bought the home, is going out of business by the end of October. She stated she was told if she could not take possession before that, they would move her mobile home to a dealership in Hot Springs, possibly Repot Depot. She mentioned there is a burn ban on for the City and County; and with no appreciable rainfall expected for sometime, no clearing can be done; and she did not know how long another dealership will agree to keep her mobile home. Director McCabe said that she indicated she was misled and asked who misled her. Ms. Brooks said she assumed originally it was Laura Jones of Trademark, but she believes the seller gave Ms. Jones the information, which was misleading. Director Ramick commented there is a Seller’s Disclosure which says the water and sewer are provided by the City. He pointed out there were some false statements made on the Disclosure, and he believes she would have some recourse against the sellers for a false statement on the Seller’s Disclosure. He added the seller clearly stated that water is provided by the Hot Springs Municipal Utilities, and the sewer is provided by the City of Hot Springs. Director Maruthur pointed out one of the reasons the City set aside this Wastewater Fund is for hardships. She noted that it was checked on the Seller’s Disclosure, and it is checked off that sewer and water are provided by a municipality or county. She mentioned they have also checked “unknown” when it comes to problems with sewer and water and then “unknown” if it is in a floodplain. She said that it Board of Directors Meeting 7 October 5, 2010 at 7:00 P.M. appears they did make a mistake. However, there are two senior citizens who have spent all of their life savings and are experiencing a hardship in a situation where the City can step in and do the right thing. She stressed that this qualifies for a hardship. She noted they have no where to go, and the City is in a position to help them. She mentioned that Ms. Morano has difficulty hearing but does read lips. She asked if she stated it correctly that the City did set this aside funds for redevelopment for unserved areas and does recognize hardships. Mr. Mallett replied it was put in the budget for the Board, at its discretion, to have that money available for whatever it deemed necessary and deserving of spending that money. He said, in his opinion, this would qualify for what it was intended to do. Director Keheley asked if there are any services available to help these individuals to have a recourse with that seller and get some assistance; and Mr. Mallett advised not other than through the courts where they could represent themselves or hire an attorney. Director Keheley said on the special fund, she thought he said it was for wastewater; and Mr. Mallett replied that it is. Director Keheley pointed out that would not solve their water problems and their hook-ups. Mr. Mallett explained the $900 service charges they would have would not address that, and it would come out of a different fund if the Board wanted to approve that. He said the staff would have to find some other type of budget line in the Water Budget to cover that because no money is set aside for that in the Water Fund. Director Keheley asked if there are other undeveloped lands like this, if the Board is setting a precedent, how often has this been done in the past, and what is the City exposing itself to as far as the entire City. Mr. Mallett advised around Mountain Valley Street, there was quite a bit of work the City participated in and ran all the main lines; but the property owners actually paid for their pump stations because it was a little different situation and was not gravity as this is. He noted that is where the money first originated as far as setting it aside every year in order that it would not have an impact on the budget. He noted that he did not believe these funds were spent last year and have not spent any this year. Director Keheley asked if the trailer Ms. Brooks referred to met code, and Mr. Mallett replied that Ms. Sellman, Planning and Development Director, would need to answer that; however, he believed it would. Director McCabe commented several meetings ago, there was a similar request on Freida and asked if there is a difference between this request and the request on Frieda, which was denied. Mr. Mallett explained those were pump stations, so it was basically service lines; and there was a wastewater main available at the rear of the property. However, it required a pump; and he was asking the City to install the pump and service line for them, which is more similar to what was done on Mountain Valley. Board of Directors Meeting 8 October 5, 2010 at 7:00 P.M. He mentioned the water situation is identical. He had to install the service and meters to that property as well. He added the meter part was identical, but they do not require any water extension at all where the other required a small extension, plus the cost of the services. Director Maruthur said if the Board were to approve this since the City has the money to do it, then it would only require Ms. Brooks and Ms. Morano to spend approximately $900 and would resolve the entire situation. Also, it would create an unserved situation that would lead to development. A motion was made by Director Maruthur, duly seconded by Director Keheley, that the City use the funding that has been set aside on the wastewater side. Upon discussion, Mr. George Pritchett, 210 Carl Drive, said if there were a developer wanting to develop that property, the City would have required him to pay the expense for the sewer and then the City could have developed those ten lots. He pointed out that these ladies have been duped, and they were sold property by a person who did not disclose that there were no utilities on the property available or at least available at a cost. He stated the Board is discussing spending $20,000 when there are city budgets in disarray and many needs in the City’s infrastructure. He added a developer would be required to do that, and these ladies do have recourse. He commented there are laws that have been broken by the person who filled out the disclosure. He said if they had an attorney, he believes this would be set aside; and he would be made to refund their money and likely pay damages because of his misrepresentation. He said if the Board establishes this precedent, there are elderly people all over the city who have inadequate heat, air conditioning, and living conditions. He said that he has sympathy for these ladies and would like to see the Board do it. However, he questioned what precedent would be established. He said there is property like this all over the city, and this could happen again next week. He noted these ladies were improperly represented; and he believes before the Board does this for them, it needs to send it back and find a way to help them recover their loss and money and not place a $20,000 burden, even though there is money set aside, upon the citizens of Hot Springs and all the other elderly people who are suffering as greatly as they are and some who are homeless. Director Ramick questioned the validity of the contract. He pointed out he does not see a broker’s signature on this and is not sure it actually went through the broker. He said he would like to see a copy of the real estate contract and agreed with Mr. Board of Directors Meeting 9 October 5, 2010 at 7:00 P.M. Pritchett that these ladies were deceived and told there were utilities on the property; but there were not. A motion was made by Director Keheley, duly seconded by Director Ramick, to amend the motion to send it back for further research and study as far as the legality of the transaction and if these ladies do have recourse and give them some guidance and advice. Upon discussion, Director Maruthur pointed out they have made it clear that they do not have the money for an attorney, so giving them time and a recourse does not make any sense. She said it is a hardship and a redevelopment in an unserved area; and if somebody should step forward and want to represent them, the City could always get the money back; but if the Board does not vote tonight, these two ladies will suffer unnecessarily. Director McCabe stated that he is not wanting to have an undue delay to these ladies; but in two weeks, there will be another Board Meeting; and he believes the Board is going to set a precedent. He stressed that he is not speaking regarding these ladies, but the Board cannot be the solution of last resort for every wrong that is committed in the community. He said he is not certain that they were wronged, but he believes that Director Ramick has expertise in real estate; and City Attorney has expertise in law. He stated they could meet with the realtor and sort this out quickly, and it could be on the agenda at the next Board Meeting. Ms. Brooks stated that is the only parcel in Hot Springs that has a mobile home overlay so it is the only place she could put the mobile home that she paid for. Director Ramick asked City Attorney Brian Albright how he would move forward on this issue; and City Attorney Brian Albright responded that if the amendment is to send it back, he is not sure where the Board is sending it back to. In this situation, he said he is here to advise the Board. He pointed out there is a request to the Board, and he will be glad to advise the Board with regard to this request. However, he feels uncomfortable providing legal advice to the applicants to the Board in pursuing an action or some remedy against a third party. He said he believes that would be inappropriate. Director Ramick asked Ms. Brooks if she had a copy of her real estate contract, and Ms. Brooks said that she did. After looking at the contract, Director Ramick stated that the contract was not signed by the broker. He noted they were representing both Board of Directors Meeting 10 October 5, 2010 at 7:00 P.M. parties (the buyer and seller), and there is no signature of a broker on it; therefore, it is not a valid contract. He added that is his concern, and they have not bought anything. Director Maruthur pointed out that they paid for it. Ms. Brooks said that hers was signed because she paid cash, and Ms. Morano is paying for hers in installments. City Manager Lance Hudnell advised that the original policy regarding sewered and unsewered areas did not necessarily have to do with hardship and hardship alone, but the main issue was to provide sewer to unsewered areas. He said normally the City requires developers to extend sewer to areas, etc. However, there are pockets around the City where there is no longer a developer involved and not likely to be one, and that is why this fund was established. He commented it kind of fits this situation in the sense that there is no active developer here. Director Maruthur stated this would not open any floodgates, and the City did set up a scheduled payment plan with an elderly person who lives on Terryland, which had to with the septic. City Manager Lance Hudnell said that was a different situation because she actually did pay. Director Maruthur commented these ladies will be paying for the water side, but the City has always considered hardships also. She pointed out there are two issues here (1) an unsewered area; and (2) hardship. City Manager Lance Hudnell clarified the purpose was primarily for the unsewered areas as opposed to a hardship, which is not a criteria to be determined. Director Keheley said she is concerned that they found multiple complex questions with this, and these ladies have not been served well by several people. Also, there are several legal questions; and she hoped the Board could get more clarity before voting on this. City Manager Lance Hudnell commented that basically what she is saying is that it could be somebody’s responsibility to pay for this. City Attorney Brian Albright stated there are some complicated legal issues that may be involved, and he is not saying there are not avenues these ladies could pursue with regard to pro bono work through Legal Aid, Central Arkansas Legal Services, or some other organization such as that. However, the remedy involved would be a rescission of the contract. He noted that Ms. Brooks has purchased a mobile home to move onto this lot, and rescinding the contract means that she no longer has the lot. Board of Directors Meeting 11 October 5, 2010 at 7:00 P.M. He said he did not know that it necessarily makes her whole or puts her in a position to where she can locate the mobile home that she has purchased. He stated he is not saying that should be the basis of the Board’s decision; but he wants the Board to be fully advised that continuing this, tabling this, or introducing her to a lawyer who is willing to do this on a pro bono basis may not solve her problem. Director Ramick said his concern is that she has purchased a mobile home and has spent money on the lot, which may or may not be a valid contract. However, the Board needs to take into consideration that she has no place to put her mobile home now that she has paid for. He said that Director Maruthur mentioned that the City could get its money back if there were an action taken against this. City Attorney Brian Albright pointed out that he is relying on getting money back from the applicants based on an action that they only have. He said the City does not have the right to bring that action, and he cannot sue the realtor or seller on behalf of the City. He advised there has to be an action brought on behalf of the applicant. He said that Ms. Brooks mentioned to him on the phone that she did have conversations with a city employee asking about the location of utilities and was under the impression that the utilities were at the property line and later found out that was not the case. He commented whether or not that was a basis for her to make her decision to buy the property, he did not know. However, if that is true, then she may claim some sort of detrimental reliance against the City. To forego such a claim could be another reason for the Board to consider the request and to grant it. City Attorney Brian Albright advised there is a motion on the floor to amend by sending it back to the Utilities Department for further study and investigation and consultation with the applicants; and that motion would need to be voted up or down. He explained if that is voted down, then the Board is back to the original motion which was to approve and would need to have further discussion, be amended, tabled, or voted up or down. Director McCabe stated if the amendment is approved, he would like to see something back to the Board in two weeks. Mayor Bush then called for a vote on the amendment; and upon roll call, the following voted “aye”: Directors Keheley, McCabe, Ramick, Daniel, and Bush, total 5. Voting “no”: Director Maruthur. Absent and not voting: Director Jones; motion carried. Board of Directors Meeting 12 October 5, 2010 at 7:00 P.M.  City Attorney Brian Albright pointed out that Director Keheley made an amendment to the motion which sends it back to the Utilities Department for additional investigation and consultation. Mayor Bush asked if the Board is voting on Item No. 18 and 19 or just Item No. 18. City Attorney Brian Albright said that Item No. 18 is on the floor; and there was no motion to consolidate the two agenda items. 19 Claim from Ms. Barbara Morano, 118 Jacobs Street, Regarding Water and Sewer Connection. A motion was made by Director Keheley, duly seconded by Director Ramick, that the Board take the same action as on Item 19, which is to send it back to the Utilities Department for additional investigation and consultation and return in two weeks to the Board with their findings. Upon discussion, Director Maruthur asked Ms. Brooks and Ms. Morano how they feel about the Board waiting two weeks to further investigate this; and Ms. Brooks replied that she had no objection to it. Mayor Bush then called for a vote on the motion; and upon roll call, the following voted “aye”: Directors Maruthur, Keheley, McCabe, Ramick, Daniel, and Bush, total 6. Absent and not voting: Director Jones; motion unanimously carried. 20 Proposed Ordinance No. O-10-43 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR PURCHASE OF FAIRBANKS MORSE BRAND WATER PUMP FROM INSTRUMENT AND SUPPLY, INC. AS IT IS A SOLE-SOURCE ITEM,” was taken from the agenda for consideration. 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. Board of Directors Meeting 13 October 5, 2010 at 7:00 P.M.  Upon discussion, Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, advised there are three existing high service pumps at the Lakeside Water Treatment Plant; and staff is requesting authorization to proceed with the purchase of a replacement pump for one of the three that has failed. He stated these are the large pumps that deliver water to town. Also, that small plant is running at its peak and has been all summer; and the City has relied on having all three of those pumps in service. Due to the fact that there is a certain piping configuration that fits that brand and that model pump, staff is asking to consider it as a sole-source item and purchase it from Instrument and Supply in the amount of $47,646 because in order to bring in a different pump, it might be a few dollars cheaper; and the City would more than spend that much money reconfiguring the piping, plus it would keep from having standardized pumps that could be swapped in and out. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Keheley, McCabe, Ramick, Daniel, and Bush, total 6. Absent and not voting: Director Jones; motion unanimously carried. Whereupon the ordinance was declared passed. 21 Proposed Ordinance No. O-10-44 An ordinance entitled, “AN ORDINANCE REGULATING SIGNAGE AND OTHER OBSTRUCTIONS ON SIDEWALKS, ALLEYS, STREETS AND OTHER DEDICATED PUBLIC RIGHTS-OF-WAY; REPEALING ORDINANCE NO. 5593; AND OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Maruthur, duly seconded by Director Keheley, 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 Maruthur, duly seconded by Director Ramick, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Director of Planning and Development, explained this ordinance amends the existing ordinance regarding obstructions on sidewalks, specifically sandwich board signs. She said the current ordinance allows, with Board of Directors approval, one sandwich board per business if a business is located in the C-1, Central Business District. She stated the amendment expands the zoned districts in which the signs would be possible, takes it from the C-1 Central Business District, adds the C-2 General Business District, and changes the requirement Board of Directors Meeting 14 October 5, 2010 at 7:00 P.M. for Board review and eliminating that requirement for Board review. She added the signs could be placed in the C-2 District and also C-1 District where the building is within five feet of the adjacent right-of-way only. She noted that would be in the older areas with the traditional style of development where the building is right up by the sidewalk or street edge. Director Keheley questioned if the City will still control the dimensions of the sign, and Ms. Sellman replied that it would. She said the size is controlled by this proposed ordinance and the size would be 2½ feet wide x 4 ft. tall. She said at the present time, it is 2½ feet x 3½ feet. City Manager Lance Hudnell explained there is a separate ordinance for the CBID District with regard to the signage; and while it is also in a C-1, this just makes the two compatible with each other. Director Ramick asked if this would allow the sandwich board signs in the C-2 areas, and Ms. Sellman advised only in the C-2 areas where the business is built right up to within five feet of the edge of the public right-of-way. City Manager Lance Hudnell pointed out that Hot Springs Mall is in a C-2 District, but it would not be allowed to have the sign because the Mall buildings are not within five feet of property line at the right-of-way. He advised the original purpose of this was for those businesses that are right on the sidewalk. Director Keheley expressed appreciation to the staff for its prompt attention to this and to the City Attorney for working something out for these small businesses during this recession time. She noted it means a lot, especially in the older areas where the sidewalk comes right up to the building. Mr. George Pritchett, 210 Carl Drive, said that he supports this ordinance and commends Ms. Sellman and those involved. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Keheley, Ramick, Daniel, and Bush, total 5. Absent and not voting: Director Jones. Abstaining: Director McCabe; motion carried. Whereupon the ordinance was declared passed. Director McCabe explained his vote stating it could be construed as a conflict. Ms. Diana Surfas, with the Culinary District, on Ouachita, said the signage issue is very important to them; and people are trying to bring back the beautiful, older areas Board of Directors Meeting 15 October 5, 2010 at 7:00 P.M. in Hot Springs. She thanked the Board on behalf of her staff and other businesses for its understanding and swift action on this issue. She stated they want to be good participants in the business environment and are very fortunate to have a Board of Directors who understands that they need to all work together for the betterment of the City. OTHER BUSINESS 22 Board of Directors Items for Discussion Director Maruthur thanked County Club Village in honor of her mother who passed away in July. She stated there was a donation made to Animal Services in her mother’s name. 23 City Manager’s Report City Manager Lance Hudnell gave the following report: 1. There are several new screens playing for the public tonight, which includes some updates on projects that are happening in the City. 2. On the Consent Agenda, Ms. Diana Bratton was appointed to the Advertising and Promotion Commission. 3. The Business Expo will be on held on Thursday, October 7; and the City will sponsor a booth which will be manned by the various department heads. 4. The applications for Police Chief closed last Friday, and the next step is for staff to review the various applications (65) and narrow them down to around 20, which will go to the Selection Committee that will meet on October 26. 5. The City is still under a burn ban, and the National Fire Safety Week is October 3 through October 9. He reminded people to change out batteries in their smoke alarms. 6. The City received the Golden Safety Award from First Transit in recognition of most improved, lost time injury rate beginning in October and ending in March with Board of Directors Meeting 16 October 5, 2010 at 7:00 P.M. zero during that time. Intracity Transit was the most improved among the First Transit properties across the country. 7. Household Hazardous Waste Day is on Saturday, October 9, from 8 a. m. to 1 p.m. at the Garland County Fairgrounds. 8. Water meter change-out is about 60 percent complete. 9. The Christmas Parade will be held on Monday, December 6. Any Board Members who are going to participate need to contact him if they want to participate as a Director in the parade. 10. The Dog Park is still continuing and will be coming soon. 11. There is a fall photo contest and is in the “What’s New” box on the City’s website. 12. There were a number of compliments received. Mr. Joe Jones sent a complimentary letter regarding Mr. Jeff Smith, Mr. Robert Bates, and Mr. Glenn Partain in Utilities for replacing a manhole on his property. Human Resources staff received a compliment from Fire Marshall Nate Schanlaber for resolving a dispute with a medical bill. One of the functions of Vicki Stauder, in the Human Resources Department, is assisting City employees with their bills when they have issues with the City’s third-party administrator or with the hospitals. It is an extra duty and is very much appreciated. A letter was received from Mr. Steve Arrison, with the Advertising and Promotion Commission, thanking the Airport for its support during the Balloon Legends event. A letter was received from Sergeant Chris McDonald at the Police Department for services and assistance received from Samantha Jones in the Sanitation Department. A thank-you was received from Ms. Donna Farquestrom to Spanky Lemons for a brush clean-up that CAPS did for them. 13. There are two openings on advisory committees: (1) the Community Development Advisory Committee - one citizen at-large opening; and (2) Parks and Recreation Advisory Committee - one citizen at-large opening. 14. The Prayer Breakfast was held this morning and was attended by many of the elected officials. The focus this year was on the elected officials and expressed appreciation for the leadership they provide to the community. Board of Directors Meeting 17 October 5, 2010 at 7:00 P.M.  15. He asked that the Directors turn in their budget priorities so he can get those compiled. Director Maruthur asked if he could let the public know what happened with the snakes; and City Manager Lance Hudnell reported the last he heard, they were adopted to a facility in the county past Bonnerdale, and they were exotic snakes. Director Maruthur mentioned there was a Red Spitting Cobra. 24 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:05 p.m., to meet again on Tuesday, October 19, 2010, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Spicer, City Clerk Mike Bush, Mayor Board of Directors Meeting 18 October 5, 2010 at 7:00 P.M.