Board of Directors

MINUTES BOARD OF DIRECTORS MEETING APRIL 5, 2011, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Tuesday, April 5, 2011, at 7:00 p.m., Board Chambers, City Hall, with Mayor Ruth Carney presiding. The invocation was given by Ms. Drew Terry, 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 Director Garcia made a motion, duly seconded by Director McCabe, to remove Item No. 8 (Proposed Resolution No. R-11-39 Approving 2011 Annual Paving Program and the City’s Participation in the Arkansas Highway and Transportation Department’s Bridge Replacement Program) and Item No. 26 (Proposed Resolution No. R-11-57 Establishing Certain Principles Relative to the City’s Future Potable Water Facilities) for a work session before coming back to the Board. Director McCabe pointed out there are a number of appointments, which are included on the Consent Agenda (Item Nos. 12 through 23); and these individuals should be recognized. Therefore, he would like to move these items to New Business. Mayor Carney commented that she was going to recognize those individuals as the agenda is approved. Director Maruthur pointed out it was approved at the agenda meeting to recognize them, and the Board had already agreed to do that. City Attorney Brian Albright advised if any two Directors so desire, individual items may be discussed and/or voted as a separate matter of business under New Business. He said that Director McCabe has raised this as an issue and asked if there was another Director who feels the same way. Director Keheley responded that she did. Therefore, these items will be moved to New Business. Mayor Carney stated that she believes the Board needs more information regarding the paving program and about the rating process and suggested holding a work session. Director Garcia mentioned that Mr. Mallett, Deputy City Manager for Public Works and Utilities, had asked for a work session. In regard to Item No. 15 (Proposed Resolution No. R-11-46 Appointing Mark Fleischner to the Central Business Improvement District, City Manager Lance Hudnell requested that it be removed from the agenda at the request of the applicant, who wanted clarification of the law in regard to appointments to the CBID. He stated that Mr. Fleischner would not object to being considered at a later time. Also, Items 29b (executive session regarding commission appointments) and 29c (discussion regarding commission appointments) are no longer needed and requested that they also be removed. A motion was made by Director Daniel, duly seconded by Director McCabe, that the agenda be approved, as amended; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of March 15, 2011 Board Meeting A motion was made by Director Garcia, duly seconded by Director Jones, that the minutes of the March 15, 2011 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests There were no guests present for recognition. 5 Board of Directors Announcements Director Keheley invited everyone in the City to attend the unveiling of 14 sculptures from five states (Arkansas, Arizona, Texas, Georgia, and Oklahoma). These sculptures will be located in an exhibition on Bathhouse Row beginning at the Superior Bathhouse, on Friday, April 15, at 5:30 p.m. There will be a reception to meet the artists, at 6 p.m., at the Quapaw Bathhouse; and everyone is invited. Director Maruthur announced that on April 2 and 3, the Park Avenue Community Association held its First, Longest Annual Rummage Sale, which was a huge success. She thanked their sponsor, Kelly and Wayne Thomason and also Sam and Trini Perez for donating use of their space next to El Taqueria de Amigo, at 765 Park Avenue, phone no. 321-8152. She also announced the Whittington Avenue Neighborhood Association will have a fund-raising event on Saturday, April 9, at 8 a.m. to 4 p.m., at the First Presbyterian Church, at 213 Whittington. This will be an indoor rummage sale and Krispy Kreme donut sale, which will sell for $6 a dozen. Also, free to the first 100 customers will be a large color poster of Hot Springs sites and landmarks. She noted that the residents throughout the Whittington Valley have donated many items for a large community garage sale; and individuals may contact Mr. Mark Toth, secretary of the Whittington Valley Neighborhood Association, at 623-4283. Director Garcia recognized the area students concurrent with this meeting and is the academic banquet that is recognizing the top five percent of the students graduating from the area schools and that is sponsored by the Hot Springs Chamber of Commerce and Weyerhaeuser and expressed appreciation to them. Director McCabe stated that on Saturday, May 7, Congressman Mike Ross will be holding a District IV service academy information session at the Lake Hamilton High School cafeteria from 2:00 p.m. to 3:30 p.m. If there are juniors, freshman, or sophomores who might have an interest in an appointment to one of the service academies, they should plan to attend. CONSENT AGENDA The Consent Agenda consisted of the following: 6 Public Safety Committee Report (March 15, 2011). 7 Proposed Resolution No. R-11-38 Approving Certain Bid Awards (a) Lead-Based Paint Testing - Planning (annual supply contract awarded to Lead Technologies not to exceed $20,000); (b) Title Search/Abstractor Services - Planning (annual supply contract awarded to Hot Springs Title not to exceed $10,000); (c) Pump Repair Parts - Utility Administration (annual supply contract awarded to Redmond Environmental and Jack Tyler Engineering of Arkansas not to exceed $125,000; (d) Ammunition - Police (awarded to Gulf State Distributing, Inc. in the amount of $17,278 and Cruse Uniforms and Equipment in the amount of $9,787); (e) Compost Site Improvements - Utility Administration (awarded to McHenry Excavating in the amount of $34,696.27) ; (f) Noncomprehensive HVAC Services - Various Departments (annual supply contract awarded to Powers of Arkansas in an amount not to exceed $100,000); and (g) Aggregates - Various Board of Directors Meeting 3 April 5, 2011 at 7:00 P.M.  Departments (annual supply contract awarded to John Jenkins and Company, McHenry Excavating, and Coakley Construction not to exceed $100,000). 8 Proposed Resolution No. R–11-39 Approving 2011 Annual Paving Program and the City’s Participation in the Arkansas Highway and Transportation Department’s Bridge Replacement Program. 9 Proposed Resolution No. R-11-40 Expressing the Willingness of the City to Utilize Federal-Aid Monies for the Replacement of Structure No. 19153 Over Stokes Creek on Michael Street and the Replacement of Structure No. 19145 Over Hot Springs Creek on Runyon Street. 10 Proposed Resolution No. R-11-41 Authorizing the City Manager to Enter into an Agreement to Serve as Host Agency for the Senior Community Service Employment Program of the AARP Foundation. 11 Proposed Resolution No. R-11-42 Authorizing the City Manager to Enter into an Agreement with the United States Department of Veteran Affairs, Vocational Rehabilitation and Employment Program. 12 Proposed Resolution No. R-11-43 Appointing Rebecca M. Clark, Esther McKeever, and Ed Berkun to the Airport Advisory Committee (Removed from Consent Agenda and considered under New Business) 13 Proposed Resolution No. R-11-44 Appointing Kenneth Blackwelder, Morgan Golden, and Willie Gilbert to the Arts Advisory Committee. (Removed from Consent Agenda and considered under New Business) 14 Proposed Resolution No. R-11-45 Appointing Bea Arline, LaJean Burnett, Gregory Clemons, Denise Marion, William Saunders, Julie Tharp, Rebeccah Tromater, and Cynthia Rephan to the Hot Springs/Garland County Beautification Commission. (Removed from Consent Agenda and considered under New Business) Board of Directors Meeting 4 April 5, 2011 at 7:00 P.M. 15 Proposed Resolution No. R-11-46 Appointing Mark Fleischner to the Central Business Improvement District. (Removed from the Agenda at the request of applicant) 16 Proposed Resolution No. R-11-47 Appointing Mandrea (Mandy) Vickers Kelley to the Community Development Advisory Committee. (Removed from Consent Agenda and considered under New Business) 17 Proposed Resolution No. R-11-48 Appointing Robert Cox to the Construction Trades Advisory Committee. (Removed from Consent Agenda and considered under New Business) 18 Proposed Resolution No. R-11-49 Appointing Early Craven and Long Hua Xu to the Historic District Commission. (Removed from Consent Agenda and considered under New Business) 19 Proposed Resolution No. R-11-50 Appointing Rick Dwyer, James Frierson, and Ann Hair to the Parks and Recreation Advisory Committee. (Removed from Consent Agenda and considered under New Business) 20 Proposed Resolution No. R-11-51 Appointing Gail Ezelle, Claudette Ford, David Lumpkin, and Richard Midkiff to the Transportation Advisory Committee. (Removed from Consent Agenda and considered under New Business) 21 Proposed Resolution No. R-11-52 Appointing Jack Thorp and Dr. John Simpson to the Urban Forestry Advisory Committee.(Removed from Consent Agenda and considered under New Business) 22 Proposed Resolution No. R-11-53 Appointing Mike Dugan and Rick Ramick to the Board of Zoning Adjustment. (Removed from Consent Agenda and considered under New Business) Board of Directors Meeting 5 April 5, 2011 at 7:00 P.M. 23 Proposed Resolution No. R-11-54 Appointing Dr. Blake Robertson to the Civil Service Commission. (Removed from Consent Agenda and considered under New Business) A motion was made by Director McCabe, duly seconded by Director Jones, 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. At this time, Director Garcia thanked the Purchasing Department, Ms. Mary Burks, Purchasing Agent, and other employees who worked on the additional information of the annual supply contracts. NEW BUSINESS 12 Proposed Resolution No. R-11-43 A resolution entitled, “A RESOLUTION APPOINTING REBECCA M. CLARK, ESTHER McKEEVER, AND ED BERKUN TO THE AIRPORT ADVISORY COMMITTEE,” was taken from the agenda and read by title only. A motion was made by Director Keheley, duly seconded by Director Garcia, that the resolution be adopted as read; 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-11-44 A resolution entitled, “A RESOLUTION APPOINTING KENNETH BLACKWELDER, MORGAN GOLDEN, AND WILLIE GILBERT TO THE ARTS ADVISORY COMMITTEE,” was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Garcia, that the resolution be adopted as read; 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. Board of Directors Meeting 6 April 5, 2011 at 7:00 P.M. 14 Proposed Resolution No. R-11-45 A resolution entitled, “A RESOLUTION APPOINTING BEA ARLINE, LaJEAN BURNETT, GREGORY CLEMONS, DENISE MARION, WILLIAM SAUNDERS, JULIE THARP, REBECCAH TROMATER, AND CYNTHIA REPHAN TO THE HOT SPRINGS/GARLAND COUNTY BEAUTIFICATION COMMISSION,” was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Director Jones, that the resolution be adopted as read; 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. 15 Proposed Resolution No. R-11-46 Appointing Mark Fleischner to the Central Business Improvement District No. 2 (Removed from the Agenda) 16 Proposed Resolution No. R-11-47 A resolution entitled, “A RESOLUTION APPOINTING MANDREA (MANDY) VICKERS KELLEY TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE,” was taken from the agenda and read by title only. A motion was made by Director McCabe, duly seconded by Director Garcia, that the resolution be adopted as read; 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 Resolution No. R-11-48 A resolution entitled, “A RESOLUTION APPOINTING ROBERT COX TO THE CONSTRUCTION TRADES ADVISORY COMMITTEE,” was taken from the agenda and read by title only. Board of Directors Meeting 7 April 5, 2011 at 7:00 P.M.  A motion was made by Director Keheley, duly seconded by Director Garcia, that the resolution be adopted as read; 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. 18 Proposed Resolution No. R-11-49 A resolution entitled, “A RESOLUTION APPOINTING EARLY CRAVEN AND LONG HUA XU TO THE HISTORIC DISTRICT COMMISSION,” 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; 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. 19 Proposed Resolution No. R-11-50 A resolution entitled, “A RESOLUTION APPOINTING, RICK DWYER, JAMES FRIERSON, AND ANN HAIR TO THE PARKS AND RECREATION ADVISORY COMMITTEE,” 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; 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. 20 Proposed Resolution No. R-11-51 A resolution entitled, “A RESOLUTION APPOINTING GAIL EZELLE, CLAUDETTE FORD, DAVID LUMPKIN, AND RICHARD MIDKIFF TO THE TRANSPORTATION ADVISORY COMMITTEE,” was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Garcia, that the resolution be adopted as read; and upon roll call, the following voted “aye”: Directors Maruthur, Board of Directors Meeting 8 April 5, 2011 at 7:00 P.M. Jones, Keheley, McCabe, Garcia, Daniel, and Carney, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 21 Proposed Resolution No. R-11-52 A resolution entitled, “A RESOLUTION APPOINTING JACK THORP AND DR. JOHN SIMPSON TO THE URBAN FORESTRY ADVISORY COMMITTEE,” was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director McCabe, that the resolution be adopted as read; 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. 22 Proposed Resolution No. R-11-53 A resolution entitled, “A RESOLUTION APPOINTING MIKE DUGAN AND RICK RAMICK TO THE BOARD OF ZONING ADJUSTMENT,” was taken from the agenda and read by title only. A motion was made by Director Garcia, duly seconded by Director Daniel, that the resolution be adopted as read; 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. 23 Proposed Resolution No. R-11-54 A resolution entitled, “A RESOLUTION APPOINTING DR. BLAKE ROBERTSON TO THE CIVIL SERVICE COMMISSION,” was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Garcia, that the resolution be adopted as read. Board of Directors Meeting 9 April 5, 2011 at 7:00 P.M.  Upon discussion, Director Daniel pointed out this position has to be one of trust, integrity and honesty. He stated that he is speaking only for himself, and Dr. Robertson would not be the person for this position for the reason that he did fall to false witness in being under pressure that made him do what happened as far as turning him (Director Daniel) into the State Ethics Commission. He stated that everything on it was unbiased, proven it to be so; and he does not feel if that is the person the Board is going to place on the Civil Service Commission, he does not think the honesty was there when the letter was written. Therefore, he cannot support his nomination. Director Jones said she did not turn herself in, but the Ethics Commission sent for her; and she had to go before the Ethics Commission. She explained that she had a car wreck, and the Assistant City Attorney was standing outside and questioned if she had a wreck. She said she told him that she did and asked if he would like to be her lawyer, and he said that he would represent her. She stated the next week she received a letter from the Ethics Commission saying that the City Attorney was representing her in a lawsuit, but she did not have a lawsuit. She mentioned she had to meet with two representatives from the Ethics Commission for two hours and tell the truth, which she did; and then she received a letter stating that Mr. Blake Robertson had made the complaint against her, and they were very pleased to say that she was an innocent victim in the process. Therefore, she does not feel she should vote for someone who told that lie on her. Director McCabe said when the Board interviewed Dr. Robertson, he was impressed with his background and qualifications. He stated that he did not have anything personal against Dr. Robertson but does have a concern when people are already functioning in a role in a uniform, which he is a reserve officer in Malvern. He added even though that is not Hot Springs, he feels it is a quasi-conflict of interest being a man in uniform and also serving on the Civil Service Commission. He stated there are other applicants that he could not vote for who had just recently retired and had knowledge, either pro or con, on current officers; and he felt that also would possibly cause a decision to be made for or against that particular officer. He commented that he is going to vote against Dr. Robertson for no other reason than the fact that he welcomes his service and his wearing of the uniform. However, he feels if he is currently serving in uniform, he should not be on the Civil Service Commission. Director Maruthur called for a point of order and commented this is the individual who received the most votes. A motion was made by Director Garcia, duly seconded by Director Keheley, to table the resolution until April 19 Board Meeting; and upon roll call, the following voted “aye”: Board of Directors Meeting 10 April 5, 2011 at 7:00 P.M. Directors Jones, Keheley, McCabe, Garcia, and Daniel, total 5. Voting “no”: Director Maruthur and Mayor Carney; motion carried. Director Maruthur questioned if according to the Board’s rules and regulations and procedure, the Directors can change their vote. City Attorney Brian Albright advised that before going to the next item of business, a Director can change his/her vote assuming that it does not change the outcome. Director Maruthur then stated that she would like to change her vote on Item No. 22 (Proposed Resolution No. R-11-53 Appointing Mike Dugan and Rick Ramick to the Board of Zoning Adjustment) to a “no” vote. City Attorney Brian Albright pointed out that the Board is on Item No.23. She stated that many times prior to the Board Meeting adjourning, a Director has changed a vote, not just immediately after. Mayor Carney pointed out that these appointments have been removed from the Consent Agenda and have voted on them individually; therefore, after the Board has already called the roll on one, it is closed unless the Board hold another session. Director Maruthur commented the Board did this vote independently of the other votes; therefore, she wants to change her vote. City Attorney Brian Albright explained that the Board passed that agenda item, and the Board’s rule specified in 2-1-6.3 of the Code of Ordinances, says that any Director may, immediately after a vote and before the next order of business, ask to change his or her vote. Director Maruthur asked if it was correct when the Board did that at other times. City Attorney Brian Albright advised that he could not speak to the other times that the Directors may have done it. Director Maruthur said that before the meeting adjourned, Directors have changed their votes. 24 Proposed Resolution No. R-11-55 A resolution entitled, “A RESOLUTION EXPRESSING GRATITUDE TO THE HOT SPRINGS ADVERTISING AND PROMOTION COMMISSION AND VISITOR’S BUREAU FOR ECONOMIC IMPACT OF RECENT SPECIAL EVENTS.,” 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, Director Keheley said it was after the St. Patrick’s Day event that she heard from many people downtown and citizens about all of the March events. She stated she saw the enthusiasm and participation of so many people that much effort has gone into this event to make these and all the back-to-back events so successful for Hot Springs. She pointed out there were also two basketball tournaments. She noted that many times, citizens take these Board of Directors Meeting 11 April 5, 2011 at 7:00 P.M. things for granted without realizing all the planning, the coordination and work of the volunteers, and the work of the paid staff to bring these events off. She said she felt the least the Board could do was to acknowledge these efforts and congratulate the success of all those who worked so hard on the Board’s behalf. At this time Director Keheley, read the resolution she proposed in its entirety. At this time, Mayor Carney recognized Ms. Barbara Anable, 120 Sanson Place, who requested that in keeping with the intent of Director Keheley’s resolution, the language be amended to have this be an ongoing City acknowledgment of the contributions to the City made by the numerous volunteers first and then the City departments. She said some of the agencies she would be thinking of with large volunteer staff have been long-term players in the Arkansas area; and they are Jackson House (35 years); Pocket Theater (19 years); The Documentary Film Festival (16 years); The Hot Springs Music Festival (16 years); Charitable Christian Medical Clinic (14 years); and Garvan Gardens (9 years). She noted these bring many people into the community. Also, all of these organizations, plus the City volunteers appointed to the committees and commissions, are people who are doing this out of love and service. She asked that the Board acknowledge them first and give them the recognition they deserve. Mr. Chris Polychron, 118 Covey Rise Trail, expressed appreciation to Director Keheley for bringing this resolution forward and believes it is needed just to give thanks to Mr. Steve Arrison, executive director of the Advertising and Promotion Commission, and his staff for the job they do for Hot Springs. He noted that he is active with the National Association of Realtors and has traveled to many cities throughout the United States and visits many convention centers. He mentioned that he has never been in one any better than Hot Springs and has never been in a city that is more promoted than Hot Springs. He thanked the Advertising and Promotion Commission and the wisdom of the Directors to fund them and help continue funding them in the manner they do to keep Hot Springs the No. 1 tourist attraction in Arkansas. Mr. Eric Jackson, 160 Dellmere Cove, thanked the Board for the resolution commending Mr. Arrison, his staff, and the Advertising and Promotion Commission for their many accomplishments and contributions to the City. He noted the many events the Adverting and Promotion Commission has staged in Hot Springs in recent years, not just convention and trade shows, but special events (the Sunbelt Championship, the State High School Boys and Girls Championship, the St. Patrick’s Day Parade, the National Retriever Championships, Willie Nelson concerts, Prairie Home Companion (three times); other concerts, balloon festivals, July 4 celebrations, national fishing championships, track and field championships, and numerous others. He said these events not only attract thousands of people; but they also generate outstanding national and international publicity for the community, including national television Board of Directors Meeting 12 April 5, 2011 at 7:00 P.M. coverage. He commented before Mr. Arrison came to Hot Springs, it did not have these events, and his predecessors did not do them; but they started with Mr. Arrison. He added because of Mr. Arrison’s efforts, Hot Springs is a better community with a better economy, more jobs and a better quality of life. He added that Mr. Arrison has made Hot Springs a better place to live, visit, and retire and hopes he continues to do this for many years. He stressed this resolution is appropriate. Mr. Kurt Schatzl, 289 Sunshine Village Square, manager of Embassy Suites, urged the community and Board to get behind tourism. He said tourism and tourism development is economic development. He pointed out that tourism is a good, clean industry; and tourism is a labor-intensive industry, which means they employ a lot of people. He noted the beauty of tourism versus most industries is that it brings new money into the community, which is multiplied versus recycling existing dollars. Also, tourism is not a heavy burden on government services, such as education. He pointed out that convention centers need a funding mechanism, and they may not make a profit from operations. However, they are an economic engine that increase the tax base. As a direct result of the Advertising and Promotion Commission and Convention Center, Mr. John Q. Hammonds invested $40 million in private money in developing the Embassy Suites Hotel. He advised that Embassy Suites currently employs over 100 people and has an annual payroll of over $2 million and annually collects over $100 million in tax revenue. He urged the Board to consider tourism as the number one economic engine and to pass this resolution recognizing Mr. Arrison and his team. Mr. Stacy Roberts, 12 Sungate Court, said that he and his family own and operate the Ducks, the Wax Museum, the Winery, T-Rex Indoor Miniature Golf, All Seasons Lodge, and several rentals downtown. He stated that Director Keheley is correct, and the Advertising and Promotion Commission needs to be commended; and he would like to see some of his businesses mentioned. He said that he has been there for 20 years and has never seen his businesses advertised by the Advertising and Promotion Commission. He added that he believes the Commission brings many people to Hot Springs. He expressed appreciation to Director Keheley and Mayor Carney, who are helping him put together a new tourist attraction. Mr. Ted Burhenn, 318 Trapp Mountain, said he has nothing against the Advertising and Promotion Commission and commended them for doing a good job. However, he thinks it is inappropriate to honor them and not honor the Street Department and everyone else who contributed. He added it is also inappropriate because he believes it is aimed at the fact that Mayor Carney said the numbers need to be honest and forthright and did not get that. Regarding the Balloon Rally, he mentioned that Mr. Arrison had said there were 14,000 people in attendance; but there were not 14,000 people at Bridge Street. Regarding the Balloon Rally, he Board of Directors Meeting 13 April 5, 2011 at 7:00 P.M. said the parking was full at the Airport; and it was a fantastic accomplishment of the Advertising and Promotion Commission and is just not the number that they reported. He said he believes this is in retaliation of the Mayor’s comment, and there is another comment that came up that tourism is the main thing. He commented that a couple of weeks ago, Mr. George Downie, Airport Director, appeared before the Board and said there was a company thinking about doing ultra lights at the Airport and possibly hiring ten employees. If each employee has four people in their family and is here for 365 days a year, that is creating 1,460 days of people in this community that will add to the economy. Also that family of four will eat out maybe ten meals in one week, which is 520 meals a year. He stressed that employee is very important. He noted the ten employees Mr. Downie mentioned creates over 5,000 meals. He pointed out that Director Daniel and Director Jones should recluse themselves from voting on this resolution because they serve on the Advertising and Promotion Commission. Director Keheley thanked Mr. Burhenn for his comments and commented her efforts in no way were intended to embarrass or comment on anyone’s actions. She stated it was immediately after the St. Patrick’s Day Parade that the downtown merchants started drafting letters and started a draft of a resolution. She added they talked with the City Manager and City Attorney, and it was prior to any memos. Mr. Jim Shamburger, 142 Lake Hamilton Drive, owner of the Best Western Winners Circle on Central Avenue, stated he served on the Little Rock Advertising and Promotion Commission for eight years, serving as chairman for several years. Also, he is a member of the Arkansas State Parks and Recreation Travel Commission and served with Mr. Arrison since he was appointed to that commission. He mentioned the most effective commissions in the State have a reputation for meeting challenges head-on and working together to resolve differences. He stated the Hot Springs Advertising and Promotion Commission is one of the best, led by smart, strategic thinkers who show visionary leadership as they work through issues that affect the City’s tourism industry and overall economy. He added these volunteers work tirelessly to lead through major issues on new product development, policy creation and implementation and ongoing maintenance issues with serious examination and discussion. He noted the Commission works for the Convention and Business Bureau’s staff and depends on the staff in making many decisions, and Hot Springs has one of the very best CVB (Convention and Visitors Bureau) staff’s in the State with great leadership. He added the CVB staff is very capable, professional, hardworking and has a general ability to make things happen. He stated they provide guidance on marketing and publicity strategies and have successfully led the way on those fronts for years and know what will and will not work. He pointed out the members of the Commission are always searching for the next big ideal that will capture the imaginations of those important visitors from Dallas, Memphis, Shreveport to get them to come back to Hot Board of Directors Meeting 14 April 5, 2011 at 7:00 P.M. Springs. He commented that no one understands Hot Springs and its visitors better than the members of the Advertising and Promotion Commission, and Commission has the best interest of Hot Springs and its visitors at heart. He stressed they are the type of individuals needed to lead Hot Springs into even greater prosperity and growth over the next decade. He asked the Board to show its support for the Advertising and Promotion Commission and Convention Bureau and all they do for the citizens and economy of Hot Springs by approving this resolution. Ms. Diane Silverman said it is pleasant to hear people come together and say something nice and expressed appreciation for this resolution. She mentioned she has put on many major international and national events all over the country for many organizations and realizes the work involved and to do it consistently as the Advertising and Promotion Commission does over and over again, she wanted to express her appreciation. Mr. George Pritchett, 210 Carl Drive, stated it appears that Mr. Arrison is doing everything right; and he is supporting the Advertising and Promotion Commission and believes they have done an outstanding job. He added the St. Patrick’s Day parade was a great event, but he disagreed that there were 30,000 people in attendance. However, the key factor is that he does not think it was very important how many people were there. He pointed out that Mr. Arrison did not give the newspaper a number pointing out there was a number of 20,000 that the Fire Chief gave a few years ago. He noted that Mr. Arrison had stated there was more. He said he took the method and tried to use the approach that was proven by some other crowd estimators and came up with 13,500. He reported a friend of his did it differently and came up with 15,000; but it really does not matter because it was a great event. He stated that everyone has a responsibility to report accurately, but he believes this was much ado about nothing. He said he hopes everyone learns when making statements to think a little longer and also to show respect. He asked that his apology be accepted if he offended anyone by what he wrote in estimating 13,500. He urged everyone to pull together for the betterment of the community. Ms. DiAnna Cowan, 120 Rosemary, said she is proud to live in Hot Springs; and her children who live out of state always look forward to the Balloon Festival, which is their favorite event. Also, they enjoyed the ice skating rink when it was here. She mentioned that Mayor Carney raised a question and then she was attacked, and it is okay to question. She added that Mayor Carney believes in tourism, and she knows and respects her. Ms. Mary Bournival, 113 Foxwood Street, County Justice of the Peace for District 4, stated that based on the response of the audience when they would or would not applaud, in order for a community to move forward, the elected officials, the administration, all of the Board of Directors Meeting 15 April 5, 2011 at 7:00 P.M. business employers, all of the workers and all of the people have to work together and move forward. Director Maruthur thanked Ms. Bournival for her comments and Mr. George Pritchett for part of his comments about respect and coming together. She said she has seen a little immaturity and lack of respect tonight. She noted there is a large group present tonight, and many people who belong to the same organizations, which makes them feel strong; but they are not the entire community; and if they were, the City might have a different Mayor. She added that the Mayor was elected by the people, and everyone needs to respect each other and work together. She said that is the only way to achieve progress and is the reason she wrote the letter to the editor and does not apologize for her letter. Ms. Helen Selig, 467 Peninsula Drive, thanked the Board, Mr. Steve Arrison, and the Advertising and Promotion Commission for all that has been done in the last 15 years. She stated because of the service the Board and City staff do, everyone is a winner in Hot Springs. Thanks to the Advertising and Promotion Commission because the City has winners on most of its boards and commissions, which are comprised of volunteers. She mentioned that Hot Springs has to do something to prevent any turmoil like it has had in the last week, and that can be done if everyone works together to build Hot Springs. She urged the Board to pass the resolution and face the future along with the rest of the citizens and Garland County. Mr. Gary Grogan, 103 Bryan Paul, said he enjoys living here because of all the events that occur and thanked Mr. Arrison, the staff, and the Advertising and Promotion Commission and urged the Board to pass the resolution. He stated he enjoys living in Hot Springs and going downtown and visiting with people whether they are tourists or visitors. Mr. Bob Driggers, #3 Stonegate, stated the tourism industry is taxpayer-subsidized. He questioned the motivation of keeping tax dollars or if tax dollars help the businesses, if they go to the Chamber, etc. He also asked if the dollars could be better spent. He noted these are questions the public is asking. He mentioned the dollars would be better spent on a jail or avoid giving furloughs to the policemen and firemen instead of buying hot air balloons. He said that Mr. Arrison and his staff should be congratulated for the success of the Sunbelt Championship Basketball Games and St. Patrick’s Day Parade but so should the other volunteer organizations that do not get paid as well as Mr. Arrison, but the City does not need vendettas. He pointed out the furor over this number is nonsense, and he does not think 32,000 is very accurate. However, if numbers are used, then try to be accurate. He suggested doing a survey of tourists to see how many people downtown say that the Advertising and Promotion Commission influenced them to come to Hot Springs, or instead of having the Board vote tonight, let the Board of Directors Meeting 16 April 5, 2011 at 7:00 P.M. public vote for a change and see how well they like what the Advertising and Promotion Commission is doing. He stressed that Mr. Arrison is doing a fantastic job, but everyone needs to get behind all of the leaders and forget about numbers. At this time, Director McCabe said he has been asked to read a letter from Governor Mike Beebe addressed to Mr. Arrison congratulating him and the Advertising and Promotion Commission on a job well done in making Hot Springs a destination that people come to from all over the state, the nation, and the world. He said that under Mr. Arrison’s direction and the staff of the Advertising and Promotion Commission and by his management style, his unselfishness and his professionalism, tourism has flourished; and the City continues to provide a diversity of natural and cultural resources, park facilities and programs that everyone can enjoy. He said that under his leadership, Hot Springs has welcomed numerous celebrities and entertainers to the community, which calls itself home to the World’s Shortest St. Patrick’s Day Parade, the Running of the Tubs, the Arkansas State High School Basketball Championship and the Sunbelt Conference Collegiate Basketball Tournament. Garland County was named the No. 1 tourist destination in 2009 and 2010, and the events of March of this year alone attracted more than 100,000 people to the Spa City in addition to Oaklawn Park. He thanked Mr. Arrison for his tireless efforts to establish new and innovate events and ideas that bring thousands of people to Hot Springs and Arkansas every year. On behalf of the State of Arkansas, he thanked him for his service and best wishes for ongoing success. Director Garcia extended her thanks to everyone at the Convention and Visitor’s Bureau, the Advertising and Promotion Commission, and Mr. Arrison. She reported that a friend came to see her prior to the meeting tonight and was with a food show at the Convention Center. She said they have booked 600 rooms tonight and tomorrow night, and they have not been able to do this in five years. She mentioned they could go to a multi-state area, but they chose Hot Springs; and she encouraged them to go shopping downtown, and in the malls and shopping centers, and hopes that will continue to be a renewing event on an ongoing basis as the economy comes back. She also recognized events they have done that have been very creative that appeal to all levels of economic status and congratulated the Visitor’s Bureau on the most recent task in beginning with the recognition of the Babe Ruth Home Run event and now the documentation of all the historical markers for the baseball history that will again be another free event in Hot Springs. She noted from what she has heard, everyone in Hot Springs and Garland County loves this community. Director Daniel spoke of when he was on the commission, and Mr. Arrison came for an interview. However, he was not the top choice at first and mentioned that he just had the NCA Division 2 Girls Basketball Team tournament in Pine Bluff. He added that Mr. Arrison Board of Directors Meeting 17 April 5, 2011 at 7:00 P.M. explained they went out after them trying to help their tourism in Pine Bluff. At that time, he had the state basketball tournament there also. He said he felt Mr. Arrison deserved the job if he got a team from North Dakota, got most of their rooms around the airport in Little Rock; and they played in Pine Bluff. He stated that he is proud to call Mr. Arrison his friend; and in response to a comment from Mr. Burhenn, he will be voting for the resolution tonight. Director Jones said she knows she is going to vote on the resolution since a letter of recognition was received from Governor Beebe. At this time, Mayor Carney called for a vote on the motion to adopt the resolution; 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. 25 Proposed Resolution No. R-11-56 A resolution entitled, “A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH THE HOT SPRINGS SCHOOL DISTRICT NO. 6 (JONESTOWN COMMUNITY PARK),” was taken from the agenda and read by title only. A motion was made by Director McCabe, duly seconded by Director Garcia, that the resolution be adopted as read. Upon discussion, Ms. Jean Wallace, Director of Parks and Recreation, requested that the Board renew a modified lease agreement with the Hot Springs School District No. 6 for the use and occupancy of Lots 1 through 6 in Block 28 of the South Hot Springs Addition to Garland County, Arkansas, to provide a public park in District 3, known as Jonestown Community Park. She advised that on January 22, 2001, a resolution was approved by the Board that authorized the Mayor to execute a lease agreement with the school district to provide District 3 with their only public park. She mentioned the lease expired on December 31, 2010; and one of the items said the lease agreement will be for ten years with an option to renew or an additional term not to exceed ten years. She requested that the lease be renewed for another ten years. She advised that City Attorney Brian Albright has modified the lease language to reflect the tort immunity grant from the State of Arkansas to the school district, as well as the City of Hot Springs; and the Hot Springs School District attorney has reviewed that and approved that modification. She pointed out Jonestown Community Park is located at 302 Hobson Avenue and has a small pavilion and several picnic tables, drinking fountain, a walking path, and a lawn area. The Board of Directors Meeting 18 April 5, 2011 at 7:00 P.M. maintenance costs in 2010 were $5,870, which include park maintenance hours, material costs, and a mowing contract. She added there is a community service cost savings at this location of $2,592 because they participated in the Sheriff’s Department community service program to augment their labor hours. She advised the fiscal impact is $5,870. Director Keheley reported that she visited the park last Sunday afternoon, and there were multiple families enjoying an evening dinner together with their children; and children were playing on the playground. She said this is the only park that District 3 has, and it serves a wide community in the Jonestown area; and they are very appreciative of this park. Mr. Glenn Gallas, speaking on behalf of this park, explained when he moved to Hot Springs, he bought a house at 315 Hobson behind Jones School. He said he made a mistake by buying a house during the day and not pay attention to the neighborhood at night. He stated there were eight murders in a 12-block area during the first year he lived there, and he then became very active in the neighborhood. He reported they started a neighborhood watch and realized they needed something to draw and build the community together. He said across the street was a paved area where most of the drug dealers gathered. He stated there were friends from Weyerhaeuser who built the pavilion and is actually the Weyerhaeuser pavilion; they had people donate shrubbery and lawn; his company installed the sprinkler system; they got the bushes, trees, park benches and built the community park. He said this park is a magnet for children; and if anyone wants to keep children out of jail, they want to keep kids playing and doing things that are productive, which that park does it. He pointed out this was done by volunteers, and it was all donated equipment and labor and very little cost to the City. He reported because of that effort, in 1999, the City won the Presidential Community Service Award for building that park, for doing that work in the community, and dropping crime in that community by over 50 percent. He said taking that park away would be a real danger to the neighborhood and encouraged the Board to extend the lease. Director Maruthur commented that was the year she and Mr. Gallas and others marched on Linwood, and it was in an effort to get people to reinvest in the neighborhood and take back the neighborhood. She noted there were many disagreements about many things in that neighborhood, but they all came together and made it happen; and she congratulated Mr. Gallas in making this a success. Director McCabe pointed out this is a unique community, and there were a lot of challenges; but at the same time, there were a lot of good people who wanted to retain that as a community. He pointed out that tonight, the Board approved appointments to the Planning Commission; and those individuals play a vital role in working with neighborhoods and securing Board of Directors Meeting 19 April 5, 2011 at 7:00 P.M. them. He pointed out in going down Hobson Avenue, there are some small businesses and going on up, there is residential; and then the Hot Springs School District played a vital role in renovating the facility there. He mentioned they use that auditorium on a regular basis to bring people from all parts of the community together. He said that Mr. Gallas and all the residents of that neighborhood need to be commended, as well as the Hot Springs School District and all the small business owners who are spread throughout that area who had the same goals that Mr. Gallas and the homeowners had. He stated he drives through that area on a regular basis and is always pleased to see the progress that the community has made. Mayor Carney mentioned that she used to live in that area. Director Jones stated that she attended many meetings trying to help Mr. Gallas get started and can remember a meeting she attended where they had a potluck or picnic, and the neighborhood people came out. She commended Mr. Gallas for a wonderful job. Director Maruthur said when the City installed Dr. James Dodson to the Walk of Fame, he had asked her to take him to his home place, which was on South; and he was very surprised at the neighborhood. She added there is a rich history in the neighborhood, and Dr. Dodson was thrilled that the neighborhood was being revitalized. At this time, Mayor Carney called for a vote on the motion to adopt the resolution; 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. 26 Proposed Resolution No. R-11-57 Establishing Certain Principles Relative to the City’s Future Potable Water Facilities (Removed from Agenda and to be Considered at a Work Session) 27 Proposed Ordinance No. O-11-7 An ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 5387 (HOT SPRINGS PURCHASING ORDINANCE - PURCHASING CARD PROGRAM) BY ADDING A SECTION REGARDING PURCHASING STANDARDS; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. Board of Directors Meeting 20 April 5, 2011 at 7:00 P.M.  A motion was made by Director Daniel, duly seconded by Director Garcia, 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 Garcia, duly seconded by Director Jones, that the ordinance be adopted as read. Upon discussion, Director Garcia stated this update to the Purchasing Ordinance was a collaborative effort among employees in Finance, Purchasing, and Public Works and expressed appreciation to Ms. Mary Burks, Purchasing Supervisor; Ms. Joy Black, Accounting/Purchasing Manager; Ms. Dorethea Yates, Finance Director; and Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, as well as the City Attorney Brian Albright and City Manager Lance Hudnell. She said they all want to ensure that the Directors are good stewards of the City’s funds, which is the citizen’s money. She explained the purpose of this update is to ensure that all contracts and purchases made by and for the City are standard and exercise the same appropriate level of approval standard times and controls across all departments. She added this incorporates not just best practices and common-sense approach to city procurement but also provides a clear audit trail and documentation for all city procurement transactions. She requested adoption of this ordinance. Mayor Carney then 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 ordinance was declared adopted. 28 Board of Directors Item for Discussion Director Maruthur stated that yesterday was the anniversary of the 2008 flood, and she is concerned about the City’s water source and a lot of serious items. She stressed that the Board needs to focus on all the serious items that face the community. 29 City Manager’s Reports City Manager Lance Hudnell gave the following report: Board of Directors Meeting 21 April 5, 2011 at 7:00 P.M.  1. A report was sent to the Board regarding the First Clean Sweep of the year. This is a joint effort between the Neighborhood Services Division of the Planning Department, which takes the lead on this program. The Fire Department, Police Department, Sanitation Department, and District Court work together as a task force; and the first area resulted in around 387 packets of information distributed; 41 violation notices were issued to the neighborhood to seek assistance from the City; and almost 35 tons of trash and heavy bulky items were picked up curbside during the three-week period. The City will continue the clean sweeps during the year, and this was a neighborhood basically behind the race track. 2. Regarding the Japanese Relief, to-date local area school children have donated around $3,000 and the total community around $17,000. He expressed appreciation to all the citizens for participating in that effort. Sister City Hanamaki has been a rescue city for the area and were very close to the city but was not damaged. 3. Anyone who disposes of tires, the inner district waste tire program has changed its location from Hobson Tire to Arkansas Tire; and they are open weekdays from 8 a.m. to 5 p.m. and Saturdays from 8 a.m. to 12 noon. 4. Spring Fling will be held on Saturday and Sunday, April 30 and May 1. Containers will be placed in all six city districts during the clean-up effort, and many volunteer groups and school groups assist the Sanitation Department with that. 5. There will be an unveiling of 14 sculptures on Friday, April 15, at 5:30 p.m., that were selected to be part of the 2011 Invitational Sculpture Exhibit in Hot Springs National Park on Bathhouse Row. This is spearheaded by the Arts Advisory Committee and working with the National Park Service. 6. A thank-you was received from Ms. Nicole expressing appreciation for the special clean-up events and particularly the women in the Sanitation Department. He also expressed appreciation for their help for the “Keep on Trucking” event that recently occurred. 7. The County Judge is working on a 911 Task Force for the purpose of researching and evaluating the possibility of what the City might do in regard to its dispatch center. A notice had been sent to the Board, and Director Maruthur responded to Judge Davis that she would like to be a part of that, and Mayor Carney has also expressed an interest. He and Police Chief David Flory, as staff representatives, will serve on that task force. There being no objections, Director Maruthur and Mayor Carney will serve on that task force. Board of Directors Meeting 22 April 5, 2011 at 7:00 P.M.  8. He sent out an e-mail today with regard to the West Central Economic Development District seminar on May 4, and there are two slots available. Director Garcia said that she would like to attend; and if anyone else would like to attend, they need to contact him or Margaret Parris, administrative secretary. They have only two seats available for that seminar for the Board, which is a day-long event. Director Keheley stated that earlier tonight, the Board did ballots for the Planning Commission, and City Manager Lance Hudnell replied this is just a nomination that will be placed in the resolution for the next Board Meeting. He advised for the Planning Commission, District 3 will be Richard McGrew; District 2 will be Chauncey Taylor; and County position will be John Mory. Director Garcia reported that the Arkansas Municipal League class is April 28 and April 29, and they have registration going on now. She said they are offering the same class on two different days and is at the Little Rock center. City Manager Lance Hudnell added that it is on roles and responsibilities of various officials within the city and is part of the voluntary certification program. 30 ADJOURNMENT There being no further business to come before the Board, a motion was made by Director Jones, duly seconded by Director Garcia, that the meeting be adjourned; and upon voice vote, the motion unanimously carried. The meeting adjourned at 8:40 p.m., to meet again on Tuesday, April 19, 2011, at 7:00 p.m. ATTEST:_____________________________ APPROVED:__________________ _______ Lance Spicer, City Clerk Ruth Carney, Mayor Board of Directors Meeting 23 April 5, 2011 at 7:00 P.M. Board of Directors Meeting 24 April 5, 2011 at 7:00 P.M.