Board of Directors

City of Hot Springs, Arkansas Board of Directors Regular Meeting Minutes Tuesday. December 17,2013 Board Chambers. City Hall Invocation by Gwen Wright Pledge of Allegiance to the Flag led by Mayor Ruth Carney Call to Order Meeting called to Order by Mayor Ruth Carney at 7:00 p.m. 1. Roll Call by City Clerk Lance Spicer Present 7- Directors Suzanne Davidson-District 1, Elaine Jones-District 2, Becca Clark-District 3, Pat McCabe-District 4, Karen Garcia-District 5, Randy Fale-District 6 and Mayor Ruth Carney. Absent 0. Also present City Manager David Watkins and City Attorney Brian Albright. 2. Consider Approval of the Agenda Motion to Approve the Agenda Director Pat McCabe made a motion, duly seconded by Director Elaine Jones to amend the agenda by adding an item of discussion regarding our options going forward due to the Judges' ruling on FOIA as the first item under new business. Upon roll call vote, the motion unanimously carried 7-0. Approval of the Agenda as Amended Director Randy Fale made a motion, duly seconded by Director Pat McCabe to approve the agenda as amended. Upon roll call the motion unanimously carried 7-0. 3. Consider Minutes of the Board of Directors Meeting: > Regular Meeting held on December 3, 2013 Motion to Approve the Minutes as Presented. Director Suzanne Davidson made a motion, duly seconded by Director Karen Garcia to approve the minutes as amended. Upon voice vote, the motion unanimously carried 7-0. 4. Recognition of Guests > none 5. City Manager's Report City Manager David Watkins highlighted the following item: > On December 6, the City's Emergency Operations Center was opened due to the icy weather forecasted for our area. The operations were run very smoothly and thanked city staff for their hard work. > Gave an update on the Routon Family and the outpouring of support from City and Outside Agencies. 6. Board of Directors Announcements Director Karen Garcia > Wished everyone a Merry Christmas and Happy New Year and announced that on January 2nd beginning at 4:30 at the Forest Lakes Clubhouse, will be a District 5 Community Meeting. CONSENT AGENDA Motion to Approve the Consent Agenda A motion was made by Director Elaine Jones, duly seconded by Director Becca Clark, that the Consent Agenda be approved. Roll Call Mayor Carney called for a vote on the Motion to Approve the Consent Agenda; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no" none, total 0; motion carried 7-0. The Consent Agenda consisted of the following: 7. Consider Resolution No. R-13-265 A Resolution Approving A Bid To Paramount Metal Systems, Inc. For Roof Construction At The Ouachita Plant (Over The Backup Power Generator And High Service Pump Areas). $184,782 8. Consider Resolution No. R-13-266 A Resolution Approving A Bid To Scruggs Equipment For A Utility Flusher Truck. $259,700 9. Consider Resolution No. R-13-267 A Resolution Approving A Bid To Spa Construction, Inc. For Pavement Improvements At The Compost Facility. $179,055.50 10. Consider Resolution No. R-13-268 A Resolution Fixing A Time And Date For A Public Hearing To Annex Land Known As The Higdon Ferry Enclaves Into The City Of Hot Springs. 11. Consider Resolution No. R-13-269 A Resolution Awarding A Contract To Arkansas Utility Protection Services, Inc. (ArkUPS) For Pipeline Locating Services. Not to exceed budgetary constraints. OLD BUSINESS 12. Proposed Resolution No. R-13-270 A Resolution entitled, "A Resolution Authorizing The Removal Of Certain Parking Meters Within The Downtown Hot Springs Area," was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Suzanne Davidson, duly seconded by Director Becca Clark. Discussion: Dorethea Yates, Finance Director spoke to the item. Speakers: Director Elaine Jones  Motion to Table: Director Elaine Jones made a motion, duly seconded by Director Karen Garcia to table the item for 6 weeks. Roll Call: Mayor Carney called for a vote on the Motion to table; and upon voice vote, the motion carried 6-1. NEW BUSINESS Consider A Discussion On Options Regarding The Judges' Recent Decision On FOIA. As per H.S.C. 2-l-4(d) Any item not contained in the prepared agenda will only be accepted for consideration and added to the prepared agenda upon two-thirds (2/3) vote of the elected membership of the board of directors. Said two-thirds (2/3) shall be five of seven total members. (Res. No. 2777, § 4, 2-22-93), an item was added to the agenda to discuss the televising of the public commentary section of the Board Meeting. The following is the summation of that discussion and record of the action taken. Discussion: Director Pat McCabe, Brian Albright, City Attorney Motion to Appeal FOIA Decision Director Pat McCabe made a motion, duly seconded by Elaine Jones that the City Attorney appeal the recent FOIA Decision. Discussion: Mayor Carney, Directors Karen Garcia and Suzanne Davidson, Brian Albright, City Attorney Roll Call: Mayor Carney called for a vote on the Motion; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. 13. Consider Resolution No. R-l3-271 A Resolution entitled, "A Resolution Adopting A Budget For The City Of Hot Springs, Arkansas For The Year 2014; And For Other Purposes", was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Randy Fale. Discussion: Dorethea Yates, Finance Director spoke to the item. Speakers: Denise Marion, Hot Springs Beautification Commission spoke for the item. George Pritchett spoke against the item. Directors Randy Fale, Karen Garcia Staff-City Manager David Watkins Roll Call: Mayor Carney called fora vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no" none, total 0; motion carried 7-0. Whereupon the Resolution was declared adopted. 14. Proposed Ordinance No. O-13-81 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Karen Garcia, duly seconded by Director Randy Fale, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0. An Ordinance entitled, "An Ordinance Amending The Fire Prevention Code Of The City Of Hot Springs, Arkansas (Ordinance 5668, As Amended) To Create And Establish A Thermal Basin Fire District, And For Other Purposes," was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Becca Clark. Discussion: Ed Davis, Fire Chief spoke to the item. Speakers: Speaking for the item-Jim Fram, Anthony Taylor. Speaking against the item-Don Schnipper, Renee Thompkins, Louis Clement, Peggy Thurman, Norman Clifton, Dr. Duke Closs, Long Hua Xu. Directors Karen Garcia, Pat McCabe, Randy Fale, Elaine Jones and Suzanne Davidson, Mayor Ruth Carney David Watkins, City Manager, Brian Albright, City Attorney Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Ordinance was declared adopted. BOARD COMMENTARY 15. Board of Directors' Items for Discussion Director Karen Garcia > Reminded the public to shop Hot Springs this Holiday Season > Thanked city administration for the hard work on the 2014 Budget > Thanked Hot Springs Women of Prayer for the Beautiful Christmas Cards. Mayor Ruth Carney > Requested that the Board be available for a tour of the Jail development site on Thursday at 9:30 a.m. 16. ADJOURNMENT There being no further business to come before the Board, a motion was made by Director Elaine Jones, duly seconded by Director Becca Clark, that the meeting be adjourned; and upon voice vote, the motion unanimously carried 7-0. The Meeting adjourned at 8:40 p.m, to meet again on Tuesday, January 7, 2014, at 7:00 p.m. h-- APPROVED: «fiw-*S\ Q_A h Lance Spicer,|pty Clerk Rut)) Carney, Mayor