Board of Directors

MINUTES BOARD OF DIRECTORS MEETING OCTOBER 19, 2010, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Tuesday, October 19, 2010, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Bryan Sligh, 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 McCabe, duly seconded by Director Keheley, that the agenda be approved. Upon discussion, City Manager Lance Hudnell requested that Item No. 12 (Proposed Resolution No. R-10-219 Extending an Agreement with Creative Outdoor Advertising of America for the Placement of Public Benches Bearing Advertising Within the City for 2011) be removed from the agenda since he needs to review several items regarding that contract. 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 October 5, 2010 Board Meeting A motion was made by Director Maruthur, duly seconded by Director Ramick, that the minutes of the October 5, 2010 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests No guests were present for recognition. 5 Board of Directors Announcements Director Maruthur reported there is early voting through November 1 and urged citizens to vote. Also, there was a Park Avenue Community Association meeting last night, which had a large attendance; and there were several issues for discussion, as well as good candidates. She announced that the park in the Whittington area is very active, and they look forward to working with the Board of Directors. 6 Acknowledgment of Financial Statements Notice for September 2010 Mayor Bush stated that the Financial Statements for September 2010 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 Committee Report (October 5, 2010). 8 Proposed Resolution No. R-10-215 Approving Certain Bid Awards Pursuant to Ordinance No. 5387 (Purchasing Procedures)- [a] Laptop Computers - Police Department {awarded to Earth Walk Communications in the amount of $1,847 per unit}; and [b] Surge Suppression Equipment - Utility Administration {awarded to Jack Tyler Engineering in the amount of $20,411}. 9 Proposed Resolution No. R–10-216 Awarding a Contract and Bid Award to Little Rock Landscape, Inc. to Relocate Security Gates and Fencing at the Airport. Board of Directors Meeting 2 October 19, 2010 at 7:00 p.m. 10 Proposed Resolution No. R-217 Authorizing the Filing of a Grant Application with the Federal Transit Administration, United States Department of Transportation, for Federal Transportation Assistance Authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, and Other Federal Statutes Administered by the Federal Transit Administration for Hot Springs Intracity Transit. 11 Proposed Resolution No. R-218 Extending a Franchise Agreement for the Operation of a Specialty Transit Service (Hot Springs Carriage Company) for 2011. 12 Proposed Resolution No. R-10-219 Extending an Agreement with Creative Outdoor Advertising of America for the Placement of Public Benches Bearing Advertising Within the City for 2011. (Withdrawn from the Agenda) 13 Proposed Resolution No. R-10-220 Approving a Contract with Emergency Communications Network, Inc. for Emergency Public Notification Services. 14 Proposed Resolution No. R-10-221 Authorizing Revisions to the 2010 Budget. 15 Proposed Resolution No. R-10-222 Approving an Annual Service Contract with Economists.com to Provide Services Related to the Analysis of Various Rates and/or Fees Charged by the City of Hot Springs and for Other Purposes. 16 Proposed Resolution No. R-10-223 Approving a Contract with Engineers, Inc. to Provide Engineering Design Services for Replacement of Wastewater Pipeline Serving the Hogan Creek Pump Station; and for Other Purposes. 17 Proposed Resolution No. R-10-224 Authorizing the Mayor to Execute an Agreement Between the City of Hot Springs, Arkansas, and the Arkansas State Highway Commission for Relocation of Utility Lines (Highway 270 West Passing Lanes - AHTD Job Number 061059). Board of Directors Meeting 3 October 19, 2010 at 7:00 p.m. 18 Proposed Resolution No. R-10-225 Approving Purchase of Seven Replacement Wastewater Pumps for the Wastewater System in Accordance with Ordinance No. 5563 Which Establishes Certain Vendors as Sole-Source Suppliers for Certain Name Brand Pumps; and for Other Purposes. A motion was made by Director Jones, duly seconded by Director Ramick, that the Consent Agenda be approved, with the deletion of Item No. 12 (Proposed Resolution No. R-10-219 Extending an Agreement with Creative Outdoor Advertising of America for the Placement of Public Benches Bearing Advertising Within the City for 2011); and upon roll call, the following voted “aye”: Directors Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 6. Voting “no”: Director Maruthur; motion carried. UNFINISHED BUSINESS 19 Consider Request from Ms. June Brooks, 124 Jacobs Street, Regarding Water and Sewer Connection A motion was made by Director Maruthur, duly seconded by Director Daniel, to consider the request. A motion was made by Director Ramick, duly seconded by Director Keheley, that Item 19 (Request from Ms. June Brooks, 124 Jacobs Street, Regarding Water and Sewer Connection) and Item 20 (Request from Ms. Barbara Morano, 116 Jacobs Street, Regarding Water and Sewer Connection) be tabled until the last meeting in November in order for these ladies to obtain more information and get more paperwork done. He mentioned that he met with Ms. Brooks yesterday, and they are not going to be at the meeting tonight. Director Maruthur commented there is no reason to table these two items if Ms. Brooks and Ms. Morano are not present. Upon discussion, Director Daniel said he understands that Director Ramick and Director Maruthur have had conversations with Ms. Brooks and Ms. Morano; and delaying it until November is not a problem. Director Maruthur pointed out that is not a consideration if they did not appear before the Board tonight. At this time, Director Maruthur made a statement questioning if they will be lodging a lawsuit for discrimination. She said one of the ladies has really Board of Directors Meeting 4 October 19, 2010 at 7:00 p.m. suffered and has become ill. She reported that she spoke to one of them late this afternoon. She noted that the City has a provision regarding wastewater extension, and she felt that Ms. Brooks and Ms. Morano should not be penalized because they are the first in that area to apply for the appropriated funds. She mentioned that their project may serve as a stimulus for further development, and it is within reason to suggest that the cost of this development will eventually be paid off by further development in that area. Also, because of their age and gender, she stated the City may be legally vulnerable for denying the two applicants’ request for permanent improvement to their property. She said if the Board had voted to grant them this if they qualified, it would have opened the floodgates to economic development. She added that Ms. Brooks told her if they did not attend the meeting tonight, it was because they were tired of it. Director Maruthur mentioned that no one called them except for Director Ramick, who helped them fill out an application and submit it. She stressed they have had enough pain and suffering and felt if they were younger and had resources, they would have been acknowledged, treated with respect, and not put through this ordeal. She reported that they made it clear that if they did not appear tonight, they did not want to pursue it. Director Ramick said that he spent some time during the last 1½ weeks with Ms. Brooks, and he has done everything he can to help her in the situation. He stated that he believes they were deceived in the purchase of this property. He mentioned they do not have the funds to do this; and in the conversation with Ms. Brooks yesterday, she said she would like to get her money refunded for this piece of property and go elsewhere. He added that he wants to help her do that. Director Maruthur pointed out they no longer want to ask the City again for extension of sewer services because they do not feel they were treated right. Director Ramick commented from his conversation with them, it was not that they were not treated right. He pointed out he was representing the City when he was working with Ms. Brooks and believes that she realizes the Board is doing what it can do to help both of them. He said that he is aware that they are tired, physically and emotionally, and do not want to continue with this. City Attorney Brian Albright advised there is a motion on the floor to consider; and at any time during the course of debate, anyone can make a motion to table. He noted the motion to table takes precedent over anything currently on the floor. Board of Directors Meeting 5 October 19, 2010 at 7:00 p.m.  Mayor Bush then called for a vote on the motion to table Item No. 19 and Item 20 to the second meeting in November; and upon roll call, the following voted “aye”: Directors Keheley, Jones, McCabe, Ramick, Daniel, and Bush, total 6. Voting “no”: Director Maruthur; motion carried. Director Maruthur stressed that Ms. Brooks and Ms. Morano wanted their items removed. 20 Consider Request from Ms. Barbara Morano, 116 Jacobs Street, Regarding Water and Sewer Connection (Tabled to November 23, 2010) NEW BUSINESS 21 Proposed Resolution No. R-10-226 A resolution entitled, “A RESOLUTION APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS,” was taken from the agenda and read by title only. (Police Department records) A motion was made by Director Keheley, duly seconded by Director Ramick, that the resolution be adopted as read. Upon discussion, Acting Chief of Police Mike McCormick advised that every two to three years, the Police Department requests a resolution for the destruction of various paper documents. He said the oldest document range is approximately nine years; but the majority of the documents are two to three years old and consist of accident reports, arrest reports, incident reports, and old warrants. City Attorney Brian Albright asked if all of those records are maintained electronically, and Acting Police Chief McCormick advised that they are. City Attorney asked if it is just the paper version that is being destroyed and if he will still have access to all the information digitally, and Acting Police Chief McCormick replied that is correct. He added in a couple of years, this is all going to be a moot point because all of their records will be digitized. Board of Directors Meeting 6 October 19, 2010 at 7:00 p.m.  Director McCabe asked how often they back up their digitals and if they keep a copy off-site, and Acting Police Chief McCormick replied that they do. Director McCabe asked if there would be a copy of all this at another location should the Police Department burn, and Acting Police Chief McCormick replied that there would. Director Maruthur pointed out at the agenda meeting, he expressed there were a couple of papers he was going to keep. Acting Police Chief McCormick stated there are certain documents that would never make it on the destruction list, and those are Miranda Rights Forms and forms that have signatures on them. He explained that from time-to-time, those are required to be produced in court; and a copy would not suffice. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Keheley, Jones, McCabe, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 22 Proposed Ordinance No. O-10-45 An ordinance entitled, “AN ORDINANCE TO REQUIRE ELECTRONIC RECORD KEEPING BY OWNERS AND OPERATORS OF PAWN SHOPS, PAWNBROKERS, AND DEALERS IN SECONDHAND GOODS DOING BUSINESS IN THE CITY OF HOT SPRINGS; AND FOR OTHER PURPOSES,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Ramick, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Jones, duly seconded by Director Keheley, that the ordinance be passed as read. Upon discussion, Acting Chief of Police Mike McCormick advised this ordinance is similar to the current ordinance with the exception that it requires electronic record keeping by the owners and operators of pawn shops, pawnbrokers, and dealers in secondhand goods. He stated the Police Department has not strictly enforced the current ordinance because of the inability to keep up with the level of paperwork. He added that currently, they are required to fill out forms; and the information on the forms has to be manually entered into a computer system. However, under this new system, Board of Directors Meeting 7 October 19, 2010 at 7:00 p.m. the pawnshop brokers, owners, and dealers of secondhand goods would have the responsibility to enter the information into a central data base referred to as Leads Online; and that information could be accessed by the Police Department and other law enforcement agencies across the nation. Director Maruthur said she received an e-mail, which had incorrect information on it; and the individual who sent the e-mail said there was going to be a $4,000 beginning charge and then $1,000 a year for maintenance. She asked if he would have a problem with this ordinance being tabled so there could be a full disclosure of what this ordinance entails. Acting Chief of Police Mike McCormick replied that he would not. A motion was made by Director Keheley, duly seconded by Director Maruthur, that the ordinance be tabled until the November 9 Board Meeting; and that the Acting Police Chief and his staff meet with the parties involved and work out the information and get some clarity and return to the November 9 Board Meeting. Upon discussion, Director Daniel questioned if that is enough time; and Acting Chief of Police Mike McComick said that he believes it will be. Director Keheley pointed out it is too important in the fight against crime, and this ordinance is needed. However, there is some misunderstanding; and there are some shady areas that need to be cleared up with the local merchants, the second hand shops, and antiques shop. Mayor Bush commented there are several citizens signed up to speak to this ordinance, but a motion has been made to table it. City Manager Lance Hudnell advised that he will get the names to Acting Chief of Police Mike McCormick so they can be involved in the discussion. Director McCabe asked if the Board could hear brief comments from those who signed up to speak, and City Attorney Brian Albright advised the only way that could be done is to rescind the motion to table. He stated at the present time, there is a motion and second to table; and under the rules that have been adopted by the Board, the only debate with regard to that is the time limit of the table. Mayor Bush then called for a vote on the motion to table the ordinance until the November 9 Board Meeting; and upon roll call, the following voted “aye”: Directors Board of Directors Meeting 8 October 19, 2010 at 7:00 p.m. Maruthur, Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Acting Chief McCormick requested names of those who have signed up to speak, as well as phone numbers and addresses. 23 Proposed Ordinance No. O-10-46 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND APPROVING A PURCHASE AGREEMENT WITH IBM AND VENTURE SYSTEMSOURCE FOR CERTAIN COMPUTER HARDWARE; AND FOR OTHER PURPOSES,” 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 Jones, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Ms. Dorethea Yates, Finance Director, advised that the City is in need of a new AS400 computer system for the City’s financial management system. She noted that the County recently purchased a similar piece of equipment that was bid out. She stated due to the proprietary sales arrangements that IBM has, the Finance Department believes the price the County received is the best price the City can also get. Therefore, it would not be in the City’s best interest to bid this out again; and staff is asking to waive competitive bidding. She explained that the annual maintenance on the current piece of equipment is a little over $13,000, which will probably increase another three to five percent again next year. She noted the piece of equipment that is being purchased (with conversion piece) is around $21,000. Therefore, the payback period would be a little less than two years; and the maintenance on the new system is approximately $2,500 a year. She pointed out the City will pay for that machine within two years, and it is 5.7 times faster than the old box and has 3 times as much disc capacity. She added the City is currently at about 90 percent of its disc capacity. Director Maruthur pointed out this is going to be quicker and is going to save the City money because the repairs are exceeding the worth of the equipment; therefore, this is all cost-effective and beneficial for the City in the short-term and long-term. Board of Directors Meeting 9 October 19, 2010 at 7:00 p.m.  Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. OTHER BUSINESS 24 Board of Directors Items for Discussion Director Maruthur stated that in regard to tabling Item No. 19 (Request from Ms. June Brooks, 124 Jacobs Street, Regarding Water and Sewer Connection) and Item No. 20 (Consider Request from Ms. Barbara Morano, 116 Jacobs Street, Regarding Water and Sewer Connection), Ms. Brooks and Ms. Morano are not returning to the Board; therefore, it did not make any sense to table it. Mayor Bush questioned why she thinks they will not return, and Director Maruthur replied that is what they told her. Director Keheley questioned if they had to send a letter or a request, and Director Maruthur stated that they will; however, she could not see tabling it when she asked Ms. Brooks several times if she wanted to come back, and she replied that she did not. Ms. Brooks told her if they are not at the meeting tonight, she and Ms. Morano are not coming back. Director Jones commented that she should send it in writing, and Director Maruthur stated that she will. She added they have been through a lot, and Director Ramick has helped them. Mayor Bush asked if they are not coming back, and Director Maruthur replied according to Ms. Brooks, they will not. Director Ramick commented they did not express that to him, but Director Maruthur talked to Ms. Brooks after he talked to her; and he believes tabling was the right thing to do; and if they decide they want to return to the Board, then they can submit a request for that and go forward from that point. Director Maruthur stated they are already looking for other property. Board of Directors Meeting 10 October 19, 2010 at 7:00 p.m. 25 City Manager’s Report City Manager Lance Hudnell gave the following report: 1. Several contracts were approved on the Consent Agenda, and several were normal renewals for the year. 2. The deadline for receipt of applications for Police Chief has closed, and the Ad Hoc Selection Committee assisting his office will have their first meeting on October 26. There were 65 applications from 19 states. 3. The Downtown Christmas Parade is Monday, December 6; and entry forms can be found on the link to the City’s website. 4. A United Way fund-raiser will be held on Wednesday, October 27, at the Transportation Depot. This is an employee-driven activity, and the Board is invited to attend. The cost is $5 for a hamburger or hot dog, chips, drink and cookie; and an extra burger is $1. This is being held in conjunction with the City’s annual health fair. 5. He complimented Mr. Mike Scott, Chief Building Official, who passed the LEED exam, which is leadership in energy and environmental design. He is now a LEED accredited professional and is one of the few in the State of Arkansas. He has been working on this for sometime, and many architects and engineers in the State would like to have that as well. Mr. Norman Roscoe is the City’s 2010 Firefighter of the Year as appointed by the firefighters. Mr. Perry Rucker, in the Parks Department, received a compliment from a family who lives near Family Park because they noticed how dedicated he is in coming everyday to clean the park. 6. There is a vacancy on the Community Development Advisory Committee. Anyone who is a qualified elector within the city limits may serve. The Parks and Recreation Advisory Committee has a vacancy, as well as the Transportation Advisory Committee. Anyone interested in serving may contact his office at 321-6811. Director Maruthur stated at the beginning of the meeting when a vote was taken to approve the agenda, she voted “no.” However, she was voting “no” for the Consent Agenda and not on the agenda. Therefore, she would like to make that correction. (This correction was made at the beginning of the meeting under Approval of the Agenda) Board of Directors Meeting 11 October 19, 2010 at 7:00 p.m. 26 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 7:30 p.m., to meet again on Tuesday, November 9, 2010, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Spicer, City Clerk Mike Bush, Mayor Board of Directors Meeting 12 October 19, 2010 at 7:00 p.m.