Board of Directors

MINUTES BOARD OF DIRECTORS MEETING JANUARY 18, 2011, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Tuesday, January 18, 2011, at 7:00 p.m., Board Chambers, City Hall, with Mayor Ruth Carney presiding. The invocation was given by Pastor Lamar Trieschmann, and Pledge of Allegiance to the Flag was led by Mayor Carney. Mayor Carney 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, Karen Garcia, Tom Daniel, and Ruth Carney, total 7. 2 Approval of Agenda A motion was made by Director Jones, duly seconded by Director Maruthur, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes for January 4, 2011 Board Meeting A motion was made by Director Daniel, duly seconded by Director Garcia, that the minutes of the January 4, 2011 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Director McCabe recognized Mr. Jeremy Shaw, Operations Manager for ACCENT, which has become one of the largest employers in the community. Mr. Jeremy Shaw stated before they started the center in Hot Springs, they went through a lot of research, which was partnered with the efforts of the Garland County Economic Development Corporation; and through that partnership, along with the Greater Hot Springs Chamber of Commerce, they settled on the location at the corner of Albert Pike and Airport Road. He said the building is the former Hobby Lobby, which has 38,000 square feet. Initially, they had 300 employees but due to the outstanding workforce in the City and the outstanding performance over the years, they have added an additional 230 jobs, for a total of 530 employees. He said the payroll in 2006-2007, with 300 employees, was $7.1 million; and with the addition of employees, they closed the books in 2010 with $11 million. He stated the opportunity for future expansion is available; and the current client they represent is a Fortune 100 telecom company, which is dedicated to taking on their market share and improving their customer base. He stated this will be accomplished through improving their performance, and they are a top performer and rank No. 6 out of all their locations in the entire world. He mentioned last year they added an additional 50 jobs, and there are also opportunities for ACCENT to add additional clients and become a little more diverse. Director Keheley questioned if he expects the company to outgrow its present location, and Mr. Shaw advised they are currently operating 6 a.m. to 12 midnight, seven days a week. Therefore, they have an opportunity to add overnight. He mentioned they also share the shopping center with Lake Pointe Church, and there is space between ACCENT and the church. He added there is an opportunity to add another 20,000 to 30,000 square feet. Director McCabe questioned the skill sets of the employees, and Mr. Shaw advised they have to be at least 18 years old, have a high school diploma or GED, have at least six months of customer service experience, and computer navigation ability. Also, they are looking for people who have a great attitude on the phones and can assist customers and have a willingness to help. He noted that talking on the phone and typing is a challenge and is needed for this type of work. He commented the company focuses on internal promotions only. Currently, they have 23 supervisors, 8 managers, 6 trainers, and a quality department. He said all of these individuals are internally promoted and actually started on the phones. He stated this company is offering a career and an opportunity to develop. Director Garcia mentioned that she had the opportunity last year to present Mr. Shaw with the Business of the Year Award (ACCENT) from the Greater Hot Springs Chamber of Commerce. She added that Thursday night is the Greater Hot Springs Chamber of Commerce annual banquet, and Mr. Shaw will be making that presentation to this year’s winner. Mr. Shaw replied that ACCENT received recognition two years ago for Industry of the Year and received recognition last year for Large Business of the Board of Directors Meeting 2 January 18, 2011 at 7:00 p.m. Year. He said that he is pleased to present the Large Business of the Year Award and is also very honored that he is nominated for Man of the Year this year. 5 Board of Directors Announcements Director Maruthur announced that the City hired a new Police Chief, Mr. David Flory from Bedford, Texas, who will begin his position on March 1, 2011. She also announced that Whittington Valley Property Owners’ Association held a meeting last night at 6:30 p.m., and Park Avenue Property Owners’ Association held a meeting at 6:00 p.m. She said these two groups are working together and have big plans for the year. Director Garcia reminded the citizens that there are vacancies on the Transportation Advisory Committee, Parks and Recreation Advisory Committee, and the Pleasant Street Historic District Commission; and these applications are available on the City’s website. She noted that she made copies, which are available on a table at the entrance to the Board Chambers. Also, available are copies of an outline from a course that several of the Directors took last week at the Arkansas Municipal League, which is part of a certification process for City Directors Director McCabe stated through the Advertising and Promotion Commission, the City hosted a group of Hanamaki students a week ago yesterday. However, due to the inclement weather, some of their programming had to be revised; but he was able to attend a function on Monday afternoon at the Park Elementary School; and there was good interaction amongst those students and their U. S. counterparts. He said he was glad he could represent the Board at that function. Mayor Carney added that she was able to see them off at 7:30 a.m. the next day, and it was a pleasure to have them in the City even though there was inclement weather. At this time, Director Keheley introduced Mr. Bud West, chairman of the Criminal Justice Coordinating Committee for the Jail Planning. He recognized Mr. John Milosovich and Ms. Gail Elias, with Voorhis and Associates. He said that two years ago in February, he went to a week’s seminar and training on how to get jails started, which was put on by the Department of Justice in Aurora, Colorado; and Ms. Elias was one of the instructors. He reported there is a committee of 20 people who interviewed ten consulting firms. He commented this has been a 90-day phase, Phase I; and they are about to culminate the master plan. Board of Directors Meeting 3 January 18, 2011 at 7:00 p.m.  Ms. Gail Elias gave an update noting they have done a master planning process that helps identify the issues the City and County are facing in the current detention facility and its impact on the local justice system. She said they have studied the factors that have created the jail population. She mentioned they have looked at population within the County, the city, and the impact of the nonresident population. She noted it is a great impact because there are significant benefits to the tourist economy and being a commercial center, but those are also individuals who use services. She explained they looked at crime and arrest patterns and have a better understanding now of the kinds of inmates of today and in the future. She said they looked at what is occurring in the courts, at the circuit court and district court level and were very complimentary as to what they found. She mentioned they have taken a close look at issues around noncompliance, which means there are people involved with the courts who are not doing what the court has asked them to do; they do not appear; they do not pay; and they do not comply. She reported there are some fairly significant issues around drug and alcohol, which has resulted in a core population in the jail that uses a significant amount of its resources. She mentioned they have done some initial forecasting around the number of beds that will be needed in the future; worked with the coordinating committee to identify a phased approach to meeting those needs because they want to help the City and County avoid the problem there is today with a facility that has a core that was designed for 88 people but has 258 in it. They also want to give time to test the impact of some of the alternatives they are suggesting, and that would allow extending the life of the building. She noted that Mr. John Milosovich has been working with the staff at the Sheriff’s Office to define the functional relationships of spaces in a new, renovated expanded facility, how they will do business differently in the future in a way that is going to be staff-efficient. She commented they are in the process of beginning to explore a way of taking this project more public so the public will be able to have a dialogue with them about issues that are of concern to them. Also, they are looking for some feedback on how they should evaluate the solutions that they are working hard to develop. She expressed appreciation to the coordinating committee for its assistance and input from the City and County. Mr. Milosovich said they have found exceptional cooperation between the City and County and between the administrative and judicial arms of the government. He noted by working together, it will result in the best solutions for the citizens and government agencies. Mayor Carney announced there will be a Board of Directors retreat on Friday, January 21, beginning at 3 p.m. and then on Saturday, from 9 a.m. until after noon at Board of Directors Meeting 4 January 18, 2011 at 7:00 p.m. the Forest Lakes Clubhouse, off Twin Points Road, and expressed appreciation to Director Garcia for getting that location. CONSENT AGENDA The Consent Agenda consisted of the following: 6 Public Safety Report (January 4, 2011). 7 Proposed Resolution No. R-11-4 Approving Certain Bid Awards (a) Contract Extension for Manhole Frames and Covers - Utility Administration [annual supply contract]; and (b) Contract Extension for Chlorine - Utility Administration [annual supply contract]. 8 Proposed Resolution No. R–11-5 Approving Change Order No. 1 to the Contract with Redstone Construction Group for Phase IV of the Rehabilitation of Runway 13/31 by Reducing the Amount of the Contract. 9 Proposed Resolution No. R-11-6 Accepting a Grant from the U. S. Department of Justice Pursuant to the Edward Byrne Memorial Local Justice Assistance Grant (JAG) Program for Certain Law Enforcement Equipment and Vehicles. 10 Proposed Resolution No. R-11-7 Appointing Vivian Grant to the Community Development Advisory Committee (CDAC). A motion was made by Director Daniel, duly seconded by Director Maruthur, that the Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Garcia, Daniel, and Carney, total 7; motion unanimously carried. Director McCabe mentioned that Ms. Vivian Grant, newly appointed member to the Community Development Advisory Committee, is present and expressed appreciation for her willingness to serve. Ms. Grant expressed appreciation for her appointment. Board of Directors Meeting 5 January 18, 2011 at 7:00 p.m.  NEW BUSINESS 11 Presentation from CitySmart Mr. Steve Mallet, Deputy City Manager for Public Works and Utilities, introduced Mr. Walter Wills, representing Entergy Arkansas CitySmart Program. Mr. Wills stated on behalf of Entergy Arkansas, they have a CitySmart Program that is developed for cities and schools in Entergy Arkansas territory; and they have incentive funds available for those customers in their territory for doing energy efficiency upgrades. He reported that last year, the City put in new traffic signals and new lighting in City Hall and in the parking deck. Because of that, he said he has a check for the City for $8,518.67. At this time, Mayor Carney accepted the check on behalf of the City. 12 Proposed Resolution No. R-11-8 A resolution entitled, “A RESOLUTION ACCEPTING A FINAL REPORT FROM THE HOT SPRING PUBLIC SAFETY TASK FORCE; AND FOR OTHER PURPOSES,” was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Fire Chief Ed Davis stated that the Public Safety Task Force was initiated in November 2010; and it is a group of interested citizens in the community who are willing to work on behalf of the Police Department and Fire Department to help define each of those entities’ future, such as to help understand the needs of the two entities, to help the Fire Department and Police Department come up with a plan to be able to meet their future demands that will be placed on those two organizations, and do it in a way that the City could afford and to also come up with some funding plans as well. He said the report details information about both entities and both organizations. He then introduced the chairman, Mr. Burt Newell. Mr. Burt Newell, chairman of the Public Safety Task Force, commended the members of the task force. He pointed out the Board packet includes an overview and behind that is an appendix, which includes a thorough report that all of the six groups have completed. He mentioned that it takes a lot of money to fund the work of the First Responders, the Fire Department, and the Police Department. Also, there are large expenses with Fleet, communications equipment, and physical plants. He mentioned Board of Directors Meeting 6 January 18, 2011 at 7:00 p.m. even though there are modern facilities, there is air conditioning equipment that is failing in the new buildings; communication systems that are out of date; and automobiles, especially the police cars, are constantly are under extreme pressure. He noted there were six committees, and the chairmen of those committees worked closely with him. He then recognized the chairmen as follows: Mr. Wayne Roberts, Mr. John Howard, Mr. Dan Messersmith, Mr. Larry Hill, Mr. Bobby King, and Mr. Mike Harrison. He noted that each of them had committees between eight and ten people. Director Maruthur questioned the plans for Park Avenue, and Fire Chief Ed Davis said they plan to leave the Park Avenue Station at its present location. However, if they can come up with the funding to replace the station, they will do so just at they plan on doing the Golf Links Fire Station and also remodeling the Airport Station. He advised that they do need to make consideration for an additional station in the area around Hot Springs Mall and to do that with the addition of four people instead of nine people. He pointed out there is not a fire station south of the bypass, and the greatest revenue producer as far as geographic region for the City does not have an engine company or truck company in that area. He added that needs to be addressed and action taken in the near future. He mentioned that the members of the Public Safety Task Force Executive Committee have requested that the Board continue their committee and act as a consultant group to the Board of Directors, Fire Department and Police Department in future efforts to try and obtain funding. He advised that the Finance Committee worked extremely hard on behalf of the City to come up with ways to reduce the cost of a closed pension system. With the help of the Friday Law Firm and also the cooperation of LOPFI, which manages the closed pension plan, they were able through those actions to reduce the cost of that closed pension system by $600,000. He then recognized some of the members of the general committee who were in attendance. He said if consultants were to have done this work, it would have cost the City thousands of dollars. Director Keheley mentioned that the Rip and Run was included in budget this year thanks to the work of this committee, and it will affect everyone in the City. Fire Chief Ed Davis explained the Rip and Run system is worth a full ISO point; and for $30,000, the City is going to gain another point in its ISO rating and will allow little more leeway if there is a deficiency in some other area; and there will be some deficiencies. He noted there has been a great growth around the Mall, and this affected the ISO because the City does not have a fire station in that area. Director Maruthur stated in regard to the Park Avenue Fire Station, according to FireWise, they are assessed at the highest risk area because of the urban interface; Board of Directors Meeting 7 January 18, 2011 at 7:00 p.m. and there is a firm commitment to keep the station. She added it says in the report, it is only needed for operations in other wards. Fire Chief Ed Davis responded according to ISO, the Park Avenue Fire Station is not a required fire station but is an operational station, which means it is there because the community feels like it is in the community’s best interest to have it. Director Maruthur commented that ISO is great, but saving old homes and saving a construction that is historic is very important. She said that the residents appreciate all of the work he has done. City Manager Lance Hudnell expressed appreciation to the committee and to the Fire Chief and Police Chief for their work. He pointed out that the resolution allows for continuation of the committee. There being no further discussion, Mayor Carney called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Garcia, Daniel, and Carney, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 13 Proposed Resolution No. R-11-9 A resolution entitled, “A RESOLUTION AUTHORIZING A CONTRACT FOR SERVICES WITH THE HOT SPRINGS AREA COMMUNITY GARDENS NETWORK; 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 Maruthur, that the resolution be adopted as read. Upon discussion, Ms. Jean Wallace, Director of Parks and Recreation, explained in March 2010, the Board entered into a Contract for Services with the Hot Springs Area Community Gardens Network for one year to provide the City’s community gardening program at a plot located on Palm Street. She mentioned the contract requires that an annual report be generated by the end of the year and available by the end of January of the following year, and the report is included in the Board’s packet. She advised this year the Hot Springs Area Community Gardens Network desires to extend its contract at the Palm Street location, as well as expand the garden plot to the west to Beech Street. She reported the 2010 water expense to the garden plot was $212.32 and was paid with the Parks and Recreation Department’s budget; 50 yards of compost were also provided by the Utility Department; and the Street Department hauled compost to the garden site. She introduced incoming president of the Garland County Master Board of Directors Meeting 8 January 18, 2011 at 7:00 p.m. Gardeners and vice president of the Gardens Network, Ms. Sharon Dent, along with Mr. Bob Byers, treasurer; and Mr. Bill Staton, who is president of the gardeners. Ms. Sharon Dent gave a PowerPoint presentation on last year’s gardening success and stated they are dedicated to the proposition that people need fresh produce and are committed to the idea of improving the City through beautification of vacant lots and someday hope to have an entire network of these gardens throughout the City and beyond the city limits. She mentioned that hundreds and hundreds of people have been involved in this project. She explained that they cleared the lot of debris; tried to level it; got compost from the City; put in a watering system; and had loads of topsoil delivered to mix with the compost. She said they have just built a 150+ retaining wall, and Mr. Byers also serves as the procurement adviser and in working with the City, he did the specifications for the construction. She stated it was funded through a $10,000 grant that came through the cooperation of the Beautification Commission, which was the applicant on their behalf; and waste management funded that grant. She reported there are 23 gardeners who are currently using their plots; and last year, they had a group of school children who took a long length of the side beds for a school project. She stated the current lot is full of vegetable plots that are 4' x 8', and most people have one plot; but there are some people who are gardening almost exclusively in the common beds on the side, which produce a lot of linear feet of gardening space. She noted that Director McCabe made sure they received all of the leftover irises after the iris sale, and they are going into a flower bed to decorate the front of the property. Director Jones had made sure when they had parties with the children in the neighborhood, that they had candy to give out at Halloween and also she has helped with other kinds of gifts to thank people who have given things on their behalf. She mentioned they have grants totaling $13,000 that they have generated in less than a year to improve that property. She noted in addition to cash, people have donated time, as well as markers, seeds, hoses and wheelbarrows. She advised that they are beginning to receive requests for plots that exceed those they have; therefore, they are asking for an expansion. She stated it is their goal to have a garden in the western part of the City closer to the Airport property. She said they have not yet entered into any real negotiations, but the Parks and Engineering Departments have looked at various sites to help them start initially determining what makes sense. She stated that would probably be their third expansion, and then they can start looking at other places in subsequent years. She expressed appreciation to the Board for its continued support and assistance. Director Jones thanked Ms. Dent for their hard work. Board of Directors Meeting 9 January 18, 2011 at 7:00 p.m.  Mr. Brian White, 360 Lakeland Drive, spoke in support of this project, pointing out these people have done a wonderful job. He stated whenever a city and private citizens do something in a neighborhood, it brings people together and gives the citizens of that neighborhood a sense of ownership. He said he would like to see these gardens in every neighborhood in the city. He added these gardens have worked in large cities and in small towns and are working in Hot Springs. There being no further discussion, Mayor Carney called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Garcia, Daniel, and Carney, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 14 Proposed Resolution No. R-11-10 A resolution entitled, “A RESOLUTION DECLARING MARCH TO BE HOT SPRINGS FINE ARTS MONTH; AND FOR OTHER PURPOSES,” was taken from the agenda and read by title only. A motion was made by Director Keheley, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Ms. Carole Katchen, chairperson of the Arts Advisory Committee, commented that the Directors have had some interaction with some of the arts in Hot Springs and encompasses painting and sculpture, all different kinds of music, theater, poetry, and film. Therefore, they feel it would be a tremendous advantage to have a month dedicated to the arts where they can create an overall schedule that will give a listing of all of the arts activities in Hot Springs in the month of March. She noted the Arts Advisory Committee has chosen that month because the racing season has started, but it is not the peak of the racing season. She mentioned there are many people coming to Hot Springs during spring break, and the Arts Advisory Committee would like to declare March as Hot Springs Fine Arts Month. She stated this will be a celebration of all of the arts and will provide an opportunity to raise awareness of the arts, both within Hot Springs and surrounding areas. Director Maruthur noted that Hot Springs is a “City of the Arts,” and there is a formal resolution designating it as such. There being no further discussion, Mayor Carney called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Board of Directors Meeting 10 January 18, 2011 at 7:00 p.m. Keheley, McCabe, Garcia, Daniel, and Carney, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 15 Proposed Resolution No. R-11-11 A resolution entitled, “A RESOLUTION AWARDING A CONTRACT TO JACOBS ENGINEERING GROUP, INC. FOR CERTAIN ENGINEERING SERVICES (STORMWATER OUTFALL MAPPING OF THE CITY’S DRAINAGE SYSTEMS - PHASE IV),” was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Director Keheley, that the resolution be adopted as read. Upon discussion, Mr. Denny McPhate, Public Works Operations Director, stated that staff recommends approval of a contract with Jacobs Engineering for engineering and surveying services related to Phase IV of the mandated stormwater mapping for the City’s drainage systems in the amount of $85,000. He explained this study is to identify and locate certain storm drainage systems in areas identified in predetermined watersheds; and the City currently has very few records, maps, locations, sizes or conditions of its storm sewer systems. He stated a portion of this mapping will be related to the downtown area to help identify and locate drainage systems that contribute to the flooding of downtown Hot Springs. He advised that Jacobs Engineering has completed mapping Phases I through III of the City’s storm sewer system, and this study is the next phase of a goal to be able to provide complete GIS map of the City’s storm sewer systems and to make this map available on the internet to engineers, architects and the general public. He added the amount of $85,000 has been budgeted from the Stormwater capital assets line item for 2011. Director Garcia asked if this included elevation data, and Mr. McPhate advised that it does not. Director Garcia questioned if it can be placed on the internet to make it available for the use as he stated. She also asked if that does not need to include elevation data, and Mr. McPhate replied that the City intends to do that in the future. He explained at the present time, the cost constraints of what the City is trying to do yearly is to get the amounts at least first identified where these systems are. There will be an additional cost at a later date and come back with some inverts and top elevations. He stressed it is something the City would like to have in the future. Director Garcia asked if he had information on options of what the cost differential is to include that versus none. Mr. McPhate replied that it is based on a per-hour rate, and part of the original proposal three years ago was an all inclusive package; and the total Board of Directors Meeting 11 January 18, 2011 at 7:00 p.m. project was $870,000. Director Garcia said on the comparison to do this work with elevation, they included versus not including it. She questioned what the incremental, additional cost to the City is going to be to come back instead of doing it all together. Mr. McPhate replied that he does not have that information with him, but it was discussed in prior years. Director Garcia asked if that was three years ago, and Mr. McPhate stated that it was. He explained the City reevaluates this each year as well and decides which watersheds are going to be done and as to the scope of work as well. Director Garcia asked if that additional information was included in the reevaluation, and Mr. McPhate advised that it was not. Director Garcia said she was trying to find the timing when the Statements of Qualifications are made so that other engineering firms or all local firms know what is available in order for them to submit information to be qualified. Mr. McPhate replied that it is submitted the first of the year. City Manager Lance Hudnell added about this time of the year, there is a statement put out requesting those Statements of Qualifications for the year. Director Garcia said she was trying to locate it on the website but could not find it. City Manager Lance Hudnell explained once the deadline has passed, then it is taken off the website. He noted it has not gone out for this year, and this is based on last year’s stack. Director Garcia expressed concern since this is a 2011 contract, and City Manager Lance Hudnell explained this is the first part of the year; and the City has several contracts that start at different contracting periods. Director Garcia asked if there would be any problem if this were delayed another month, and Mr. McPhate replied that he was not aware of any. Director Keheley stated in the Scope of Services, it mentions utilizing city-owned GPS field equipment; but under the Assumptions, it states the City will provide training to the Jacobs personnel for the city-owned equipment required for the project; and this is Phase IV. She asked if they are using the same personnel and if the City has to re-train them each time. She also asked if the contract with Jacobs Engineering assures full liability in case there is any damage or loss to all of the city equipment, which is technical equipment. Mr. McPhate explained that the City worked out a deal when it first started with Jacobs Engineering that they purchase the equipment and the City reimburses them for the equipment; and over the first two years, that equipment would become the City’s equipment. He added that has happened, and the City now owns it. As far as the training, he advised Jacobs Engineering has different people who come to Hot Springs, but they still have the same project manager. He stated there may be different people they rotate in and out when they are doing the surveying. He added the City’s employees work with them, and it is not a very lengthy process to learn how to utilize the GPS unit. Board of Directors Meeting 12 January 18, 2011 at 7:00 p.m.  Ms. Diane Silverman, 1404 Cedar Glades Road, said there seems to be a lot of unanswered questions; and whenever she tries to get information, it does not seem to be available. She pointed out it keeps the citizens who pay the bills from being part of the process of understanding what is happening. She encouraged the Board to table the approval of any new contracts, projects or studies until after this week’s Board Retreat. She urged the Board to come up with a system for gathering information until that information is complete. She commented in the past years and to-date, it appears the Board has been “rubber-stamping” someone else’s judgment. She pointed out that citizens do not elect Board Members or County officials to “rubber-stamp” documents. She commented that citizens want fully-informed leaders and citizens who can work in unison for the benefit of the community. However, it cannot happen without adequate information. She said she believes had full information been provided, the City might not have wasted $4 million on engineering studies with the Jacobs Engineering Firm. She said she cannot say if the misuse of funds was caused by poor judgment, lack of oversight, or malfeasance. However, as far as she knows, the Health Department report with the non-approval of the study and the final report have never been presented to the Board or the public. She reported the Garland County TEA Party worked diligently to get honest, conservative public servants elected. She asked that at the Board Retreat, a section of the time be devoted to developing a system whereby full information and transparency in all phases of city government be provided to the Board and taxpayers so they can be equal partners in keeping oversight on what is happening now and in the future. She reported the Garland County TEA Party has a City accountability team and will have representatives at the Board Retreat, as well as at the agenda meetings and Board Meetings. She advised that through the accountability team, they will be reporting to the TEA Party membership and encouraging many of their members to get involved. She commented they cannot inform their members, cannot educate their members or the community, and neither can the City educate or inform the community. She said that she can make such a statement because the City has not been doing it. She added it has not been in the newspapers, newsletters, or in town hall meetings. She said that she is challenging the newspaper, as well as the Board, to come up with some kind of a system that actually works. She stressed that the Garland County TEA Party together is not working to make anybody wrong, but they are dedicated to helping the Board make everything right; and in order for that to happen, the public has to be included. Until that can happen, she stated the City has to get all of the information and come up with a system that supports this going forward in a way that is appropriate. Mr. Bob Driggers, #3 Stonegate, questioned the current amount the City has paid to Jacobs Engineering; and City Manager Lance Hudnell advised that the City has Board of Directors Meeting 13 January 18, 2011 at 7:00 p.m. a number of different engineering contracts. He then gave an accounting of the contracts and amounts as follows: $165,900 on Ouachita Treatment Plant Sludge control; $82,455.91 on the engineering services for Phase II of the Water Distribution Model; $67,921 on the Ouachita Water Treatment Plant improvements; $2,792,000+ on the Hot Springs Treatment Plant for Lake Hamilton; $22,109.94 on the AAR Stimulus Project for traffic control; and $177,710.29 for Ouachita Treatment Plant Sludge improvements. Mr. Driggers commented the total is approximately $4 million most of which was design work on the proposed south water treatment plant, and City Manager Lance Hudnell stated that most of it related to the water treatment plant, not necessarily the south water treatment plant. He advised there were many different options explored on that, many public hearings, and many different reports published, all of which are on the City’s website. Mr. Driggers asked if the City has an Autocad (mapping) system in place, and City Manager Lance Hudnell advised that the City has a GIS System. However, information has to be put into the GIS System. Mr. Driggers said what he is hearing is that the mapping system is nonexistent inasmuch as the stormwater run-off system and assumes that these things got built at some point from a sketch or drawing. City Manager Lance Hudnell replied that not necessarily on stormwater, but stormwater system has evolved over 100 years. He pointed out Congress passed the Clean Water Act several years ago because cities and counties all over the United States had not mapped their stormwater system in the same way they did their other utility systems, such as wastewater and water. He noted that is not necessarily true in Arkansas and probably should have been but was not done because nobody paid that much attention to the stormwater system until the last few years. Mr. Driggers noted that Director Garcia mentioned elevation data, which should have been kept up with all along. City Manager Lance Hudnell explained that is why the City is trying to play “catch-up” at this time. Mr. Driggers said for this project to be $870,000 and the RFQ went out three years ago, this should be revisited. City Manager Lance Hudnell pointed out that each phase has been re-rated and re-ranked based on proposals on file at the time. Mr. Driggers pointed out that it seems that the City is always using Jacobs Engineering, and City Manager Lance Hudnell replied that the City actually works with a number of different engineering companies. Mr. Driggers asked if there were any that the City spent $4 million on in three years. City Manager Lance Hudnell replied that the City has not had a project of that nature before but probably did with the Civic Center. Mr. Driggers mentioned after the Health Department Board of Directors Meeting 14 January 18, 2011 at 7:00 p.m. notified the City on numerous occasions and on one occasion stating that this project was not going to be approved and recommended that the City quit spending money on it. City Attorney Brian Albright noted that the agenda item has to do with stormwater, and Mr. Driggers said he is talking about Jacobs Engineering in particular. He stated he did not know if the City was pushing Jacobs Engineering to spend an extra $3 million after the City was notified that the project would not be approved or Jacobs pushed the City. He emphasized that is something that should be seriously looked into because it is $3 million of the ratepayers’ money that was wasted. He urged the Board to table this item or allow local people to bid. Director Garcia thanked Mr. Mallett for answering many of her questions and providing background information. However, she said she is still not certain that she has all the information she needs to make the appropriate decision. She stated that she would like to table this item until the next meeting (February 1) in order to obtain additional information. She questioned how much can be mapped and compared with elevation data to what is currently in the contract. She said she does not know if the County is also doing this work and questioned if there is any opportunity for leverage in that area. A motion was made by Director Garcia, duly seconded by Director Maruthur, to table the resolution until the next Board Meeting (February 1); and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Garcia, Daniel, and Carney, total 7; motion unanimously carried. 16 Proposed Resolution No. R-11-12 A resolution entitled, “A RESOLUTION AWARDING A CONTRACT TO COBAR CONTRACTING, INC. FOR HIGHWAY 270 WEST PASSING LANES WATER LINE RELOCATION,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Keheley, that the resolution be adopted as read. Upon discussion, Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, stated this is for a project for Highway 270 West Passing Lanes and is to relocate the water line project. He advised that Cobar Contracting of North Little Rock, Arkansas, was the low bidder in the amount of $182,094.30. He stated they are Board of Directors Meeting 15 January 18, 2011 at 7:00 p.m. recommending to award an alternate bid, which adds $19,368 to the base bid amounting to a total of $182,094.30. The alternate bid was to bid ductile line pipe in place of plastic pipe. He advised if it were a new line going into today, the City would not allow them to put in plastic pipe; therefore, staff recommends installing ductile line pipe rather than replacing it with PVC. He explained this is a line that has to be relocated to accommodate the widening of Highway 270 West and is the last part of the work to be done. He stated the Highway Department appreciates the opportunity to add this and get this project approved because they have contractors on the job now starting on the other end hoping that by the time they get here, the City will have its work done and out of the way. There being no further discussion, Mayor Carney called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Garcia, Daniel, and Carney, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 17 Proposed Ordinance No. O-11-1 An ordinance entitled, “AN ORDINANCE WAIVING REQUIREMENTS OF COMPETITIVE BIDDING FOR AN ENTERPRISE SOFTWARE LICENSE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI); AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director McCabe, duly seconded by Director Jones, 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 adopted as read?” and upon motion of Director Daniel, duly seconded by Director Maruthur, that the ordinance be adopted as read. Upon discussion, Ms. Diane Silverman asked why requirement for competitive bidding is being waived. City Manager Lance Hudnell explained this is the GIS system, which is a proprietary software; and the annual maintenance on that is $35,000 a year and is above staff’s limit to approve. He stated that technically, the City has to do an ordinance waiving competitive bidding because it is unavailable from anyone else, and no one else can do a service agreement on someone else’s software. There being no further discussion, Mayor Carney called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Board of Directors Meeting 16 January 18, 2011 at 7:00 p.m. Keheley, McCabe, Garcia, Daniel, and Carney, total 7; motion unanimously carried. Whereupon the ordinance was declared adopted. 18 Approval of Board of Directors Travel to National League of Cities Conference in Washington, DC for Mayor Carney, Director Jones, Director Keheley, Director Garcia, and Director Daniel (March 12 through March 16, 2011). A motion was made by Director Jones, duly seconded by Director Daniel, to approve Board of Directors travel to the National League of Cities Conference in Washington DC on Mach 12 through March 16, 2011, be approved for Mayor Carney, Director Jones, Director Keheley, Director Garcia and Director Daniel. Upon discussion, Mr. Brian White, 360 Lakeland Drive, spoke in support of this item pointing out he believes this trip is a good investment after reading the website for the National League of Cities and noticed the workshops that were available. He noted that the cost is approximately $2,100 per person and suggested that City Manager Lance Hudnell and Mayor Ruth Carney attend at City’s expense primarily because the city manager has the greatest knowledge of the needs and workings of the city and the Mayor is the City’s official representative. If the Mayor cannot attend, he would suggest Director Keheley since she has some experience in dealing with some of these issues. He pointed out that does not preclude any other Directors from attending if they want to go at their own expense. He said that he believes in the value of “face time” with the City’s delegation and with other city leaders from across the nation. He mentioned on the Consent Agenda, there is an item that is the direct result of one of these trips. He noted the Police Department has $300,000 for MTD’s that was gained from one of these trips. He urged the Board to approve the original budgeted amount of $5,000. Mr. Bob Driggers, #3 Stonegate, said he believes the City should be represented. He commented the City has a new Mayor and Director who have not taken advantage of the sessions and recommended sending Mayor Carney and Director Garcia, and possibly Director Keheley since she is acquainted with some of the legislators. However, he stated it is excessive to send five people. He said he had no objection if someone else wants to attend and can document that they paid for their expenses. He mentioned that an FOI was made, and it was discovered that one of the Directors was taking advantage as one Director did making five trips to Hanamaki, Japan, in four years. He pointed out the Board has spent around $100,000 from 2003 to 2009 in travel Board of Directors Meeting 17 January 18, 2011 at 7:00 p.m. expenses. Also, from a FOI request, he stated Directors are now abusing cell phones; and a couple of the Directors took city-issued cell phones with them to Washington, DC. He then distributed a list of cell phone record usage. He mentioned that Director Jones made cell phone calls totaling $299 that the taxpayers had to pay in roaming charges. He urged the Board to approve $5,000 for Board travel and send the new members and another member, possibly Director Keheley, who is acquainted with some of the legislators. Director Maruthur questioned if the $299 is for one person, and Mr. Driggers replied that it was for one cell phone while visiting Washington, DC. Director Maruthur said if this is correct, she would recommend that anybody who goes out of town should be prohibited from spending $299.35 making telephone calls using City cell phones. Mr. Driggers suggested leaving the cell phones at home. City Manager Lance Hudnell said he would have to check, but he believes these calls were reversed because if the City has unlimited roaming, they should not have been charged to the City. However, he will check into it. City Attorney Brian Albright said that he recalls when Mr. Driggers raised this issue before, and it is his understanding that Director Jones has on the City’s plan a set amount per month; and it is unlimited roaming and other unlimited services. Therefore, there should not have been any additional charges; and without the Finance Director present tonight to confirm this, he believes that this was reverted to the standard monthly billing. Mr. Driggers replied that no one informed him of that. He added those were obtained by an FOI request, and they are bills from Alltel when the City was on the Alltel system. City Attorney Brian Albright advised that when he asked for documents, the City provided him with the documents. City Manager Lance Hudnell added that they may have been shown on some of the other subsequent bills that he has. Mr. Driggers said that the City provided a stack of cell phone calls made by Directors most of which appear to be personal calls that the taxpayers paid for and hopes the Board will stop that practice. Director Keheley pointed out that not all Directors have city cell phones. Mr. Driggers said that the only cell phones that were taken to Washington DC were Director Jones and Director Daniel. Board of Directors Meeting 18 January 18, 2011 at 7:00 p.m.  Director Daniel advised that he did not make any phone calls from Washington DC. Mr. Driggers commented that the Directors have a copy of the expense sheet, and Director Daniel said that he did not file for any expenses. He stated that he is probably going to go to Washington, DC.; and he paid for all of his extra expenses last time and will probably do it again. Mr. Driggers asked if he paid for his airfare, hotel, and registration; and Director Daniel replied that he did not say that but paid for his food, cab fares for everyone, and paid for some of their food for which the City did not reimburse them. Director McCabe said that he does not have a city cell phone and never submitted a reimbursement for travel. He stressed that he does not have any personal expenses of any kind that he looks to the City for. He commented when people come to the podium, if they are going to speak specific, he wants specifics; but he does not want general comments that cover every Director. He said he considers those inappropriate comments. Mayor Carney pointed out there have been problems with misuse in the past, and the Board is now having to overcome some of the misspending and abuse that happened. She added that the City has spent money in the past for trips that were parties, and the Board has to be honest with that. She stated the Directors understand that, and it is general information. She said the Board will probably suffer some because of things that happened. She stressed that the Board wants to be good stewards of the taxpayers’ money; and if the Board uses the trips properly, the citizens are going to benefit from the Directors taking trips. She emphasized that they are not holidays; and during a session of the Arkansas Municipal, it started at 7:30 a.m. and did not get to rest until 10:30 p.m. She said these meetings were very valuable, and she promised the citizens of the City and County that the Directors will be good stewards of their money and will not abuse it. She stated that she takes this very personally and commented that Director Garcia is very money-oriented. Therefore, they are going to try hard and give the citizens their money’s worth, which is a promise from her. Director Keheley commented that the Directors realize these are very tight budget times and have to be careful how they spend the City’s resources. While this Board travel is a small expenditure, she said it is more than the Board budgeted for last fall, which is $5,000; and the request tonight is estimated around $10,000. She commented if she thought the City could not achieve any significant funding from the federal government with this effort, she would not support this budget request. However, due to the success of 2009 and 2010 funding, the City is continuing to receive Board of Directors Meeting 19 January 18, 2011 at 7:00 p.m. those grants and earmarks that the City worked so hard to get in Washington DC. She explained it is not just the trip and face time, but it is the preparation. She added the City staff worked very hard to prepare a good list of requests, and the City Manager is already working with his staff on a list for this year. She noted there are some examples that the City received from the Capitol Hill experts in the Congressman’s office, and the City Manager gave her a list tonight of some of the grants and the earmarks that the City received from the congressional visits and from the City’s work in Washington DC. She advised it was over $2,293,621.99; and she knows that working with City Clerk Lance Spicer and City Manager Lance Hudnell over $1 million of that was from direct contacts with the congressional offices on these visits with the National League of Cities. She pointed out most of them were for the Police Department, and they would not have some of the equipment today if it had not been for the work that was done to acquire it. She mentioned the City received portable breathing analysis units and additional cameras ($76,000); technical improvements, tactical weapons and related accessories for over $46,000; there was $327,000 for Mobile Data Terminals from a 2009 grant; the Police did not have laptop computers in their cars; and the Directors worked with the Police Department and lobbied to get those. The City received $512,000 from a 2010 grant for Mobile Data Terminals, some mounting equipment and special software to go with it. The City also received two uniformed officer positions for downtown. She mentioned when there is a crime and a crisis, the Police Department can now have video camera recording system. She mentioned a grant was received for communication equipment in the amount of $86,477 and JAG grant in the amount of $354,000. She added the City also received a car video recording system, vehicles, and concealable body armor. She noted the Fire Department did not have any firefighting gear and since the City is in a national park and in case of a fire in any wooded area, the City was able to get that firefighting equipment and gear for them. She stressed that the program is important, but the City does need to keep its expenses to a minimum. She pointed out the City Manager’s secretary called and canvassed these board members and asked who would be willing and able to attend. She stressed that was strictly a canvass, and this is how the list was on the agenda tonight. She said that she supports the list but will be glad to let others go and represent the city. Regarding the jail consultants who were present tonight, she stated the City could ask for help on the new jail such as equipment; and also programming. She noted the City cannot get structural requests, but she feels it is important and hopes to send some representatives. Director Maruthur said the list that Director Keheley read is the past, and there are no longer earmarks. She stated the City can count on its Congressman’s local office, which is within walking distance from City Hall, to help with support letters for Board of Directors Meeting 20 January 18, 2011 at 7:00 p.m. grants and anything that is available. She mentioned that today, Camden, New Jersey, laid off 1/6 of its local government, and they had to let 45 percent of their police force go. She mentioned the City did spend $98,000 on travel. She said that in the December 2010 Nations Cities Weekly, there was an article entitled, “Cities Fiscal Nighmare,” and there are no earmarks available. She stressed that she did not think it was necessary for all of these Directors to go. She reported that she received an e-mail on board travel from the City Manager, which she then read: “The total of the board travel line was not included in the BARF in your board packets since I was in Little Rock and did not confirm what had been budgeted. We have $5,000 budgeted in Board travel. Of course, you have more than enough in your Board Reserve line ($122,500).” She stated that this many Directors do not need to attend; and at the agenda meeting, Director Daniel said he was going to pay for all of his expenses. Now, he said it was just food. Director Daniel replied the last time he went, he paid for all his food; but if he goes this time, he will pay for everything. Director Maruthur pointed out that the City is in a crunch, and this could affect employee bonuses. She noted that last year, the Directors did not travel; and the Board needs to do the right thing. She said there were abuses, and the Board cannot undo that but needs to look to the present and future and be responsible stewards of the taxpayers’ money. She stated she would like to see it capped at $5,000, which is the amount that was budgeted for travel this year, but she commends any Directors who pays the expenses for their trip. She added if the amount exceeds $5,000, she will not vote in the affirmative. She said she has received many phone calls today from different districts, and she wants to do the right thing. Director Jones reported that she talked to Senator John Boozman when she was in Little Rock this past weekend, and he commended the City for getting what it received and the trips that the Directors have made. She said he could not believe that the City had received so much from going on the trips. She stated that she mentioned to him that Director Maruthur always said the Directors could make phone calls, and he told her he wants to look at the persons if they are asking for something. She pointed out that Arkadelphia had 13 people with them and could not believe all the money they received. She said that she believes when people go in a group and are sincere, it works. She mentioned the Police Department and Fire Department are receiving the benefits now from when the City went in 2009. She said that she prefers to meet one-on-one when asking for something and to be able to say she is part of it. Ms. Diane Silverman said that she called Mayor Carney yesterday, and she said she sees value in attending these sessions; but there also is a time to stop spending; and it has to stop some place. She stated she told the Mayor she was not in favor of Board of Directors Meeting 21 January 18, 2011 at 7:00 p.m. public money being used for Board travel, even though she might be of the opinion there could be value to the City for having a new Mayor and new Director meet with leaders of other cities to learn how they are managing their utilities departments, their unfunded mandates, and cost-cutting in these difficult economic times. She said that she knows Mayor Carney and Director Garcia received some benefit out of the Arkansas Municipal League, which will probably make them more effective city leaders; and they would not have known the opportunities existed had they not attended the conference, which may hold true for the National League of Cities Conference. She said she informed the Mayor that if it is determined that there is a distinct benefit by having she and Director Garcia attend the conference, the Garland County TEA Party would support them by raising private money to send them. She stressed that she is not in favor of the $5,000 in the budget even though it is there for travel. She said if a person thinks it is valuable, then they need to spend their own money and prove it. She stated that she wants to go on record that she agrees with the Mayor that stopping spending means stopping spending here and now and should stop looking to the federal government to fund the expenses in Hot Springs. She urged the Board to get in the habit of finding ways to cut the budget and stick with priorities. She mentioned there are cities and counties all across this country going bankrupt both from unfunded mandates and from pension funds that are not funded. She applauded the Mayor’s decision to set an example by not taking money from the City for her travel expenses. She said that she is pleased that the Garland County TEA Party will be able to support Mayor Carney and Director Garcia in their desire to go if it turns out they believe that it would be valuable. Mayor Carney asked if Ms. Silvermann is saying that she will find private funds instead of city funds, and Ms. Silverman said that she would. Mayor Carney said that there may be an issue with this and asked City Attorney Brian Albright to address that. City Attorney Brian Albright advised for the Mayor or any Director to receive a contribution from a private entity, whether it is a person, pact, special interest, or party, to personally travel to Washington, DC, would be unethical; and he would advise against it. However, if there is somebody who is wanting to make a contribution to the City of Hot Springs to help defray the cost to the General Fund for sending Board Members, that is different. He stressed that he would advise any Board Member against taking a contribution to pay for their trip to Washington, DC. Mayor Carney pointed out that the Directors had to sign a Code of Ethics that they would not personally receive private funds so it would have to come back to the City General Fund to cover it. Board of Directors Meeting 22 January 18, 2011 at 7:00 p.m.  Ms. Silverman stated there are efficient ways to travel, such as Hot Wire; not staying at the conference hotel; and taking subways or the metro. Mayor Carney pointed out that Director Garcia has already done some research. Director Garcia said her interests were along the lines of the training, but as Director Keheley stated, it was a canvass; and the Directors were not made aware of the cost. She added it is not her desire to exceed the budgeted amount and does not feel right doing that. At this time, Director Garcia made a motion, duly seconded by Director Keheley, to amend the request to limit to $5,000. City Attorney Brian Albright explained there is a motion to amend the recommendation to send five individuals to the National League of Cities but capping it at $5,000. He pointed out that will not cover the cost for the five individuals; therefore, there would need to be some augmentation from the individuals going. Director Garcia said that she researched the cost of this hotel at $250 a night, which is too expensive; and she would not stay there if she were going. She stated if she is not paid for by the City, she would try to see if she could attend but paying her way. She commented she did not know if she can or not; but however it works out, they can be creative as to where they stay. She spoke of a conference she attended in 2010, which was not city-related; but she stayed at a different hotel than the conference she was attending and did not have any problems. She commented that the costs for her flight and hotel for the week were less than one person’s hotel room would be at this conference hotel. She stressed that she cannot do that. Mayor Carney said according to research by Director Garcia, flight and hotel, all inclusive for the entire week, would be around $639. She pointed out there are options and ways to do it. City Attorney Brian Albright advised there is a motion to amend the recommendation to send five individuals to the National League of Cities but capping it at $5,000. He explained this is coming to the Board because the policy established by the Board is that any travel outside the State of Arkansas must be approved by the Board. Also, it is being brought to the Board at this time because reservations have to Board of Directors Meeting 23 January 18, 2011 at 7:00 p.m. be made for the conference. He pointed out while this will establish the amount, it does not give the City Manager much guidance on who to register. Mayor Carney pointed out that the Board has a weekend retreat and could set some policy for travel. City Manager Lance Hudnell advised that the Board cannot set policy and can only set policy at a Board Meeting. However, the Board can determine who is going at the retreat. He explained this is basically getting five names on the list. If the Directors among themselves decide that based on budget constraints that they only want three, two, one, or none of the five to go, that is no problem. He explained the reason for this motion is to be sure that the Board has the names approved because the Board policy says that Directors cannot travel unless they have approved that in a Board Meeting. He pointed out this needs to be done at this meeting because there will not be enough time before the next Board Meeting to meet the registrations, etc. He commented after the Board decides these five are eligible, then among themselves they might determine that someone may not want to go and limit it to $5,000. City Attorney Brian Albright said if Ms. Silvermann wants to donate money to the City, she can. Ms. Silverman replied that she is not interested in adding to the City’s budget for travel, and she is not in favor of the City’s spending its budget that it currently has for anybody’s travel. She said if the Directors who want to go feel it would be valuable, then they should pay for their own travel. Mr. Mark Toth said everyone agrees that the elected officials need to be responsible stewards of the public money. He stated he has been told the purpose of this trip is to solicit federal funds, whether it be by earmarks or grants, and meet with professional staffers in Washington DC who are familiar with the legislative process and know how to write into the legislation so the City gets the funds it needs. He said getting money to help the City from the federal government, help the Police Department, and help the Fire Department are laudable goals. However, he disagrees on the means and believes it can be done from here. He pointed out there are talented people on the Board; the City has a talented city manager; Deputy City Manager (Steve Mallett), and city attorney; also, the city has hundreds of employees; and it can be done without having to travel to Washington DC. He said he believes that public perception matters in this instance and in a few months, he thinks that most, if not all of the Directors, are going to be asking the public to raise sales tax to pay for a new jail. He pointed out that Director Daniel has said that he will pay for his own trip, which is very commendable, and thanked him for that. He commented if the Directors want to pay for the trip themselves, that is very admirable; but he does not think the public wants to have to pay anything. He stated it may be a little more work and maybe a little more Board of Directors Meeting 24 January 18, 2011 at 7:00 p.m. complicated, and the Washington politicians like face time. However, Congressman Mike Ross’ office is here and their people can put the Directors and staff in contact with the experts, whose office is in Washington. He added this can be done from here and save $10,000. At this time, Mayor Carney called for a vote on the motion to amend the recommendation by authorizing Board travel capped in the amount of $5,000 designating five individuals (Mayor Ruth Carney, Director Elaine Jones, Director Cynthia Keheley, Director Karen Garcia, and Director Tom Daniel as registrars for the National League of Cities Conference). Upon discussion of the motion, City Attorney Brian Albright explained this is an amendment capping it at $5,000 as opposed to the estimated $2,100 per individual. Director Keheley clarified this does not mean that all of the Directors will go, and those names are listed for the City Manager to have on record; and should a Director choose not to go, that would not affect it. City Manager Lance Hudnell explained that a Director can choose not to go, but if a Director thinks he/she is going to go, they need to be on the list. If a Director chooses not to go, he/she can take themself off the list. Mayor Carney asked even if a Director pays his/her own way, they have to be on this list to go as a City Director. City Attorney Brian Albright explained that a Director needs to be because a Director is being registered as a member. and the City is a member of the National League. If a Director registers as an individual, it is five times the cost of the member rate. Mayor Carney questioned just to be able to go even if a Director pay his/her own way, the Board needs to approve these names to be on the list that is approved to be there. City Attorney Brian Albright stated that is correct, although the expenditure is being capped at $5,000. Director Jones asked if all of the hotels on the League list are for the member rates, and City Manager Lance Hudnell advised there are only two hotels that are called conference hotels - one of them is the hotel in which all of the meetings are held, and the other one is across the street. He said there are probably other hotels, but they do not give the conference rate. He mentioned they could be cheaper because their normal rate is cheaper. Director Maruthur said if the Directors discuss this at the Board Retreat, the Board can have a special meeting just to approve because that has been done before Board of Directors Meeting 25 January 18, 2011 at 7:00 p.m. on several issues. City Manager Lance Hudnell said what he was suggesting the Directors do at the retreat is to make their own individual decision among these five directors as to take off or leave on the list, which would be an individual decision, not a Board decision. Director Maruthur asked if the Board has not done it previously where it has tabled something and then discussed it at the retreat. She noted that the press is aware that the Board is meeting. City Attorney Brian Albright pointed out there is not a motion to table to amend, which needs to be voted on at some point. If after the retreat this weekend, there is a consensus of the Board that somebody wants on or somebody wants off and the Board wants to discuss that at next week’s agenda meeting, a Special Meeting can be called for that one item of business. He said he would not rely on the press knowing that the Board is having a retreat this weekend to conduct city business. He advised a retreat is for Board growth and is not intended to be for the business of the city and is not a special called meeting. Mayor Carney asked if Director McCabe and Director Maruthur would like their names on the list in case they decide to go, and they indicated they would not. At this time, Mayor Carney called for a vote on the motion to amend the recommendation by authorizing Board travel capped in the amount of $5,000 designating five individuals (Mayor Ruth Carney, Director Elaine Jones, Director Cynthia Keheley, Director Karen Garcia, and Director Tom Daniel as registrars for the National League of Cities Conference - March 12 through March 16, 2011). Upon discussion, Mayor Carney said for clarification if the Directors vote “yes” that means they can still pay their own way and get there anyway they can. However, they cannot go if their name is not on the list. City Attorney Brian Albright said that is correct. Director Garcia said that she is amending her amendment with these names with a budget of zero. City Attorney Brian Albright explained there was a motion on the floor, which has been amended. He advised the amendment has to be voted on first unless she wants to withdraw her amendment and the person who seconded would have to withdraw their second and then propose a new amendment. Board of Directors Meeting 26 January 18, 2011 at 7:00 p.m.  At this time, Director Garcia withdrew her motion; and Director Keheley withdrew her second. A motion was then made by Director Garcia, duly seconded by Director Maruthur, that the proposal be amended to authorize the five individuals that have previously been named as potential registrants for the National League of Cities Conference but having zero funds allocated from the budget; and upon roll call, the following voted “aye”: Directors Maruthur, Keheley, Garcia, Daniel, and Carney, total 5. Voting “no”: Directors Jones and McCabe, total 2; motion carried. Director McCabe commented that people come from all backgrounds to try to represent their constituents and community, and people have different socio-economic means. He said the citizens that he talks to expect their Directors to be representative of them and to do the things necessary to better improve this community. He added they fully recognize that sometimes that means expenditure of funds to do so. He stated to have a vote of zero funds means that one basically has to be independently wealthy to serve on the Board, and he does not think that is what the Board is about. He said he believes it is about representing the individual constituents, so if it is $2,100, basically people are not going to run for office because they are going to say they cannot represent their constituents at $2,100. He pointed out that some can, but some cannot. He commented that he has never asked for any money from the City, and he has the means to do these things if he chooses to, but others do not. Therefore, they are barred from being in public office because they cannot fully represent their constituents because they are given zero dollars for travel to an event that is proven by the comments that Director Keheley and Director Jones had made earlier that brought dollars home. Mayor Carney said she can understand that because this is kind of a “thankless” job, and the Directors are doing it free of charge. She noted that a lot of time is being put in, and she understands that. From her perspective, she considers the educational value of a trip; and it is hard to put a dollar value on education. She stated what she learned last week at the AML was beneficial for her to be able to function to do the job that is required of her. She said the Directors have to prove themselves using the money wisely that is there. She noted there are some things that are not needed, and it is hard to distinguish when they going over the budget. She mentioned that neither she nor Director Garcia was in office when the Board was discussing budget items, and they had to just watch. She stated there were probably some things on there that she would not have approved because in her opinion, those were things that were “fluffy”; and the Board of Directors Meeting 27 January 18, 2011 at 7:00 p.m. City has to get down to the basics, such as police and fire protection and things that are important. She added that maybe there will be a conference in Hot Springs and the Directors can attend the seminars in the Convention Center. City Manager Lance Hudnell advised that the Arkansas Municipal League will be held in June at the Convention Center. However, there will be a registration fee. Director Maruthur said she thinks the Board is showing responsibility to the taxpayers and thanked the Board for acting responsibly. She noted there are a lot of things the Board would like to do, and she would like to give raises and fill positions that the City cannot afford to fill. She stated that she believes the taxpayers are going to thank the Board for this vote. She said hopefully the economy will turn around, and the City will be able to do all of the things it would like to do, not just what it needs to do. She stressed at the present time, the City needs to concentrate on its infrastructure, keeping its services up to par, and keeping its employees employed. OTHER BUSINESS 19 Board of Directors Items for Discussion Director Jones stated that she enjoyed the AML sessions and especially the mock city council meeting in which City Manager Lance Hudnell participated. At the general session, Mr. Don Zimmerman, executive director of the Arkansas Municipal League, spoke on the 88th General Assembly, which is beginning to start. He had each representative (two state senators and three state representatives) inform them what to expect in the General Assembly. She reported she talked to Mr. Zimmerman, and he asked if she still was not getting paid. He said one of these state representatives is thinking about bringing up a Bill and changing the whole Bill where before this issue was voted on by the City to get paid. She said anyone who is against it may come to the Capitol, and he is going to let her know when it comes up. Director Keheley said regarding the meeting at the AML, one thing she is always interested in is grant money; and they received a very comprehensive briefing from a state agency regarding what is out there, where the money is, and how cities can get it. She noted that Hot Springs is not eligible for all of it, and much of it is for certain size cities. However, they now know who to go to and what each agency has available for Hot Springs to work on. She said it was very interesting meeting all of the new legislators, especially those who represent Garland County. Also, they had a wonderful program on the local leadership for municipalities and economic development. Board of Directors Meeting 28 January 18, 2011 at 7:00 p.m.  Director Garcia said she has copies on the table to the entrance to the Board Chambers if anyone wants to see some of the courses they attended at the Municipal League. She mentioned this is completing her second regular Board of Directors meeting. She commented as a CPA, she is required to have 40 hours of continuing education a year, and she views this position on the Board as a professional position to do the best she can in representing the citizens of Hot Springs and wants to equip herself with the tools just as the other Directors do. She stated the AML is an organization in the State of Arkansas that provides that training and support to the Board Members and Mayors across Arkansas. She said it was very beneficial to her. She mentioned the residents in the Pakis Street area reported some illegal dumping and expressed appreciation to the Sanitation Department for responding promptly and picked up some furniture that had been illegally dumped. She also thanked Acting Police Chief Mike McCormick and the Police Department for addressing some issues in the same area that was reported by residents and has received feedback that they very much appreciated that being addressed. Mayor Carney mentioned some books that she received from the AML meeting(Communicating with Your Legislator, Guide Book for Municipal Officials and Mayor/Council Cities, Planning Made Simple - a Guide to Planning and Zoning in Arkansas, Sample Personal Handbook for Arkansas Cities and Towns, Understanding Municipal Law, Personal Law and Suggestions for Avoiding Lawsuits, and Policies and Goals. She said they are issues that were before the legislature. She reported there was so much information and was really incredible the opportunities that they have to learn. She stated that she has been working with the homeless count, and the Police were there today; and DHS, schools, and different organizations came together. She reported on January 25, there will be a homeless count, and they are going into the areas all over town to try to find out exactly how many homeless there are on that one day. She stated they need at least 50 volunteers, and there will be a policeman (not in uniform) that goes in with each group to help find out how many actual homeless there are. She stated there are women and children living in cars; there are people living in the woods; and there are people living in parking garages. If anyone has any questions, they may call Mayor Carney; and she will give a number to contact. Director Jones thanked everyone who attended the Dr. Martin Luther King, Jr. Breakfast. She stated this was Mayor Carney’s first greeting, which was very good. Reverend Franklin, from Little Rock, was the speaker on Monday morning. She reported that the parade had to be canceled due to weather conditions. On Monday night, they were at the Malco Theater with the R.E.G.A.R.D. group and had a potluck Board of Directors Meeting 29 January 18, 2011 at 7:00 p.m. dinner. Afterwards they watched a movie entitled, “An Unlikely Friendship.” She stated the NAACP put this on, along with the Webb Center. 20 City Manager’s Report City Manager Lance Hudnell gave the following report: 1. He thanked the Police Chief Selection Committee, which consisted of Mr. Steve Trusty, Mr. Harriel White, Mr. Steve Oliver, and Mr. Sam Stathakis, Jr., in addition to Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities; City Attorney Brian Albright; and Human Resources Director Minnie Lenox. They spent many hours reviewing the applications and various things revolving around the selection of the police chief. He also expressed appreciation to the Civil Service Commission for their time. 2. Notice was received that the City is going to receive two awards from the Arkansas Recreation and Parks Association. One is the Historic Farmers Market Facility of the Year Award, and the Kick Ball League is receiving a Sports Management Program of the Year Award. 3. Thanks to Airport Director George Downie and his employees, the Hot Springs Memorial Field, is featured on Bing.com as one of the countries ten easiest airports in which to fly. 4. Wednesday, January 26, from 6 a.m. to 6 p.m., is IT Free Ride Day in celebration of the 30th anniversary of the Transit System. He encouraged the Directors to take advantage of this day. It takes an hour to ride one route and then get off and get on another bus and ride another and then back to the Depot. It is a good opportunity to interface with citizens and to see the city from a different perspective. 5. Compliments were received from the following citizens: (1) Mr. Steve Smith thanked Ms. Lisa Vargo and Mr. Larry Merriman regarding a water leak problem that they assisted him with; (2) Mr. Dave Campbell was appreciative of Mr. Steve Mallett and the Street Department crews for taking care of streets during a storm event. They had a family emergency that resulted in a number of people coming to their home so the Street Department was able to assist with that; and (3) a special thanks was sent to the water crew for a break that occurred over the weekend as the storm was hitting on Sunday night. They were out repairing a water leak so the people in that neighborhood were without water for a very short time. He pointed out that these employees basically work 24-7, regardless of weather conditions. Board of Directors Meeting 30 January 18, 2011 at 7:00 p.m. 21 ADJOURNMENT There being no further business to come before the Board, a motion was made by Director Jones, duly seconded by Director Maruthur, that the meeting be adjourned; and upon voice vote, the motion unanimously carried. The meeting adjourned at 9:25 p.m., to meet again on Tuesday, February 1, 2011, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Spicer, City Clerk Ruth Carney, Mayor Board of Directors Meeting 31 January 18, 2011 at 7:00 p.m.