Board of Directors

City of Hot Springs, Arkansas Board of Directors Regular Meeting Minutes Tuesday. December 20. 2016 Board Chambers. Citv Hall Invocation by Pastor Jon Beyer Piedge of Ailegiance to the Flag led by Assistant Mayor Suzanne Davidson Call to Order Meeting cailed to Order by Assistant Mayor Suzanne Davidson at 7:00 p.m. 1. Roll Cali bv Citv Clerk Lance Soicer Present - Suzanne Davidson-District 1, Elaine Jones-District 2, Becca Clark-District 3, Larry Williams- District 4, Rick Ramick-District 5, and Randy Fale-District 6. Absent - Mayor Ruth Carney. Also present City Manager David Frasher and City Attorney Brian Albright. 2. Consider Approval of the Agenda Motion to Amend Agenda Director Rick Ramick made a motion, duly seconded by Director Elaine Jones to make the following four amendments to the Agenda. To move New Business Item, number twenty nine, to be the first item of New Business, number seventeen; to move New Business Item, number nineteen to be moved to be the second item of New Business, number eighteen; to remove item number sixteen from the Agenda; to add an Executive Session prior to the Adjournment of the Meeting. Motion to Approve the Agenda as Amended Director Elaine Jones made a motion, duly seconded by Director Becca Clark to approve the agenda as Amended. Upon voice vote, the motion unanimously carried 6-0. 3. Consider Minutes of the Board of Directors Meeting: > Special Meeting held on November 28,2016 Motion to Approve the Minutes as Presented. Director Larry Williams made a motion, duly seconded by Director Randy Fale, to approve the minutes as presented. Upon voice vote,the motion carried 6-0. 4. Recognition of Guests Assistant Mayor Davidson welcomed all in attendance and acknowledged the following: > Presentation of Retirement Plaque to Hot Springs Fireman,Tim Grimes > Gary Welch with Jordan, Woosley, Crone & Keaton, LTD. 5. Citv Manager's Report City Manager David Frasher reported on the following items: > Announced Holiday closings for City Offices  > District Court closed on December 21,2016 to honor the late Division 1 Judge David Switzer > Announced Free Ride Day > Residential trash collection will run their normal routes during holiday season > Arts Advisory Committee and Parks & Trails hosted two public sculpture dedications > Meeting regarding DeGray Water Supply > Christmas Cards 6. Board of Directors Announcements > Director Williams thanked Hot Springs Women of Prayer 7. Assistant Mavor Announcement > Assistant Mayor Suzanne Davidson announced that Director Becca Clark will serve as Assistant Mayor from January 2017 thru June 2017 8. Meeting Dates > Assistant Mayor Suzanne Davidson acknowledged the Board Agenda and Meeting Dates for January 2017 thru June 2017 CONSENT AGENDA Motion to Approve the Consent Agenda A motion was made by Director Larry Williams duly seconded by Director Rick Ramick 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, Williams, Ramick, Jones, Clark, and Pale, total 6. Voting "no" none, total 0; motion carried 6-0. 9. Consider Resolution No. R-16-167 A Resolution Approving The Extension Of The Aviation Fuel Agreement With AVFUEL, Corporation. 10. Consider Resolution No. R-16-168 A Resolution Revising The Airport's Property Management Policy, Appendix K-Airport Property Rates. 11. Consider Resolution No. R-16-169 A Resolution Approving The Renewal Of The Transit Consulting Services Agreement With First Transit. 12. Consider Resolution No. R-16-170 A Resolution Approving The Extension Of The Pipeline Locating Services Contract With Arkansas Utility Protection Services, Inc.(ArkUPS). 13. Consider Resolution No. R-16-171 A Resolution Awarding A Contract To RJN Group For Certain Water Leak Detection Services. 14. Consider Resolution No. R-16-172 A Resolution Acknowledging The 2015 Comprehensive Annual Financial Report. 15. Consider Resolution No. R-16-173 A Resolution Awarding A Contract To Goslee Construction Corporation For Building Construction At The Ouachita Water Treatment Plant(Maintenance Building). NEW BUSINESS 16. Consider Resolution No. R-16-182  A Motion entitled, "A Resolution Adopting A Budget For The City Of Hot Springs, Arkansas, For The Year 2017," 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 Rick Ramick. Discussion: Speaking AGAINST the Item: Chris Rowland, Mary Bournival, Kim Leckner, Renee Westfall, George Pritchett, and Willie Wade. Speakers: Director Larry Williams, Randy Fale Staff: City Manager David Frasher, City Attorney Brian Albright Motion to Amend: Therefore, Director Randy Fale made a motion, duly seconded by Director Elaine Jones to amend the Resolution to add $15,000.00 to the 2017 Budget to fully-fund the Health Department in Garland County. Of note. Director Fale asked to include that next year, the funding to the Health Department in Garland County will be cut by $15,000.00. Roll Call: Assistant Mayor Davidson called for a vote on the Motion to amend; and upon roll call, the following voted "aye Directors Davidson, Jones, Clark, Ramick, and Fale, total 5. Voting "no". Director Williams, total 1; motion passed 5-1 Roil Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye Directors Davidson, Jones, Clark, Ramick, and Fale, total 5. Voting "no". Director Williams, total 1; motion passed 5-1 Whereupon the Motion was declared Adopted. 17. Consider Resolution No. R-16-175 A Motion entitled,"A Resolution Approving An Amendment to 2011, 2013, 2014, 2015 & 2016 Annual Action Plans As Amended For The Community Development Block Grant (CDBG)," 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 Rick Ramick. Discussion: Kathy Sellman, Director of Planning and Development spoke to the item. Speakers: Staff: City Attorney Brian Albright Roll Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye Directors Davidson, Jones, Clark, Williams, Ramick, and Fale, total 6. Voting "no", none,total 0; motion passed 6-0 Whereupon the Motion was declared Adopted. 18. Consider Ordinance No. 0-16-56  Motion to Suspend Rules and Read by Title Only: A motion was made by Director Rick Ramick, 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 6-0. A Motion entitled, "An Ordinance Annexing Certain Lands That Are Completely Surrounded By The Incorporated Limits Of The City Of Hot Springs Enclave Area C (Tracts A & B); 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 Rick Ramick, duly seconded by Director Elaine Jones. Discussion: Kathy Sellman, Director of Planning and Development spoke to the item. Speaking AGAINST the Item: Reggie Cowan, Jack Barratt, Bob Driggers, Renee Westfall, Harry Dunlap, Willie Wade, and George Pritchett. Speakers: Director Rick Ramick Staff: None. Motion to Amend: Therefore, Director Rick Ramick made a motion, duly seconded by Director Elaine Jones to amend the Ordinance to place Enclave Area C into Board District six, rather than Board District five. Roll Call: Assistant Mayor Davidson called for a vote on the Motion to amend; and upon roll call, the following voted "aye Directors Davidson, Jones, Clark, Ramick, Williams, and Fale, total 6. Voting "no". Director Williams, total 0; motion passed 6-0 Roll Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, Williams, Ramick, and Fale, total 6. Voting "no", none, total 0; motion passed 6-0 Whereupon the Motion was declared Adopted. 19. Consider Ordinance No.0-16-57 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Rick Ramick, 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 6-0. A Motion entitled, "An Ordinance Annexing Certain Lands That Are Completely Surrounded By The Incorporated Limits Of The City Of Hot Springs (Enclave Area D); 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 Rick Ramick, duly seconded by Director Randy Fale. Discussion: Kathy Sellman, Director of Planning and Development spoke to the item. Speaking AGAINST the Item: Reggie Clow, Rhonda Cravens, Cliff Jackson, George Pritchett, Skip Houston, Michael Crawford, and Barbara Erndon. Speakers: Director Larry Williams, Randy Fale, Rick Ramick Staff: None.  Roll Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye Directors Davidson, Jones, Clark, Ramick, and Fale, total 5. Voting "no". Director Williams, total 1; motion passed 5-1 Whereupon the Motion was declared Adopted. 20. Consider Resolution No. R-16-176 A Motion entitled, "A Resolution Condemning Certain Real Property At 217 Henry Street," 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 Rick Ramick. Discussion: Mike Scott, Chief Building Official spoke to the item. Speakers: None Staff: None Roll Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye Directors Davidson, Jones, Clark, Ramick, and Fale, total 5. Voting "no", none, total 0; Absent- Director Williams, motion passed 5-0 Whereupon the Motion was declared Adopted. 21. Consider Resolution No. R-16-177 A Motion entitled, "A Resolution Condemning Certain Real Property At 221 Wall Street," 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 Rick Ramick, duly seconded by Director Randy Fale. Discussion: Mike Scott, Chief Building Official spoke to the item. Speakers: None Staff: None Roll Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye Directors Davidson, Jones, Clark, Ramick, and Fale, total 5. Voting "no", none, total 0; Absent- Director Williams, motion passed 5-0 Whereupon the Motion was declared Adopted. 22. Consider Resolution No. R-16-178 A Motion entitled,"A Resolution Condemning Certain Real Property At 223 Runyon Street," 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 Rick Ramick, duly seconded by Director Randy Fale. Discussion: Mike Scott, Chief Building Official spoke to the item. Speakers: None  Staff: None Roll Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye Directors Davidson, Jones, Clark, Ramick, and Fale, total 5. Voting "no", none, total 0; Absent- Director Williams, motion passed 5-0 Whereupon the Motion was declared Adopted. 23. Consider Resolution No. R-16-179 A Motion entitled, "A Resolution Condemning Certain Real Property At 345 Silver Street," 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: Mike Scott, Chief Building Official spoke to the item. Speakers: None Staff: None Roll Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye Directors Davidson, Jones, Clark, Ramick, and Fale, total S. Voting "no", none, total 0; Absent- Director Williams, motion passed S-0 Whereupon the Motion was declared Adopted. 24. Consider Resolution No. R-16-180 A Motion entitled,"A Resolution Condemning Certain Real Property At 365 Whittington Avenue," 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 Rick Ramick. Discussion: Mike Scott, Chief Building Official spoke to the item. Speaking FOR the item: Hannah Mills Speakers: None Staff: None Roll Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye Directors Davidson, Jones, Clark, Ramick, and Fale, total 5. Voting "no", none, total 0; Absent- Director Williams, motion passed 5-0 Whereupon the Motion was declared Adopted. 25. Consider Resolution No. R-16-181 A Motion entitled,"A Resolution Condemning Certain Real Property At 419 Cypress Street," 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 Rick Ramick. Discussion: Mike Scott, Chief Building Official spoke to the item.  Speakers: None Staff: None Roll Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye Directors Davidson, Jones, Clark, Ramick, and Fale, total 5. Voting "no", none, total 0; Absent- Director Williams, motion passed 5-0 Whereupon the Motion was declared Adopted. 26. Consider Ordinance No. 0-16-58 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Randy Fale, duly seconded by Director Rick Ramick, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote,the motion unanimously carried 5-0. A Motion entitled,"An Ordinance Approving C-4 Regional Commercial/ Open Display District Zoning At 111 Blackhawk Street; 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 Rick Ramick, duly seconded by Director Randy Fale. Discussion: Kathy Sellman, Director of Planning and Development spoke to the item. Speakers: None Staff: None Roll Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye Directors Davidson, Williams, Jones, Clark, Ramick, and Fale, total 5. Voting "no", none,total 0; motion passed 6-0 Whereupon the Motion was declared Adopted. 27. Consider Ordinance No. 0-16-59 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Becca Clark, duly seconded by Director Rick Ramick, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 6-0. A Motion entitled, "An Ordinance Amending Section 5 Of Ordinance No. 6110 And Section 5 Of Ordinance No.6121," 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 Rick Ramick, duly seconded by Director Becca Clark. Discussion: Kathy Sellman, Director of Planning and Development spoke to the item. Speakers: None. Staff: None. Roll Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, Williams, Ramick, and Fale, total 6. Voting "no", none, total 0; motion passed 6-0 Whereupon the Motion was declared Adopted. 28. Consider Ordinance No. O-16-60 Motion to Suspend Ruies and Read by Titie Oniy: A motion was made by Director Larry Williams, duly seconded by Director Rick Ramick, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 6-0. A Motion entitled, "An Ordinance Approving The Classification Of Temporary Signs As Excluded From Regulation In Hot Springs Code §16-5-12," 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 Rick Ramick, duly seconded by Director Randy Pale. Discussion: Kathy Sellman, Director of Planning and Development spoke to the item. Speakers: None. Staff: None. Roil Call: Assistant Mayor Davidson called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, Williams, Ramick, and Pale, total 6. Voting "no", none,total 0; motion passed 6-0 Whereupon the Motion was declared Adopted. Motion to Adopt the Emergency Clause: City Attorney Brian Albright then read the Emergency Clause located in Section 2. Upon completion Director Larry Williams made a motion, duly seconded by Director Randy Pale to approve the Emergency Clause. Upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, Williams, Ramick, and Pale, total 6. Voting "no", none, total 0; motion carried 6-0. EXECUTIVE SESSION 29. Executive Session Regarding Annual Evaluations of the City Attornev and Citv Manager A motion was made by Director Elaine Jones, duly seconded by Director Rick Ramick, to adjourn into executive session; and upon voice vote, the motion unanimously carried 6-0. The Board adjourned into executive session at 9:30 p.m. RECONVENE INTO OPEN SESSION A motion was made by Director Elaine Jones, duly seconded by Director Rick Ramick to reconvene in to Open Session; and upon voice vote, the motion unanimously carried 6-0. The Board reconvened into open session at 10:01 p.m. 30. Consider Anv Action as a Result of the Executive Session A motion was made by Director Randy Pale, duly seconded by Director Rick Ramick to present City Attorney Brian Albright with a $10,000 one-time lump sum payment in recognition of his hard work in 2016; and upon voice vote, the motion unanimously carried S-0.  A motion was made by Director Randy Fale, duly seconded by Director Rick Ramick to present City Manager David Frasher with a $9,700 one-time lump sum payment in recognition of his hard work in 2016; and upon voice vote, the motion unanimously carried 5-0. BOARD COMMENTARY 31. Board of Directors' items for Discussion 32. ADJOURNMENT There being no further business to come before the Board, a motion was made by Director Randy Fale, duly seconded by Director Elaine Jones, that the meeting be adjourned; and upon voice vote, the motion unanimously carried 6-0. The Meeting adjourned at 10:12 p.m. to meet again on Tuesday, January 3, 2017, at 7:00 p.m. DATE: s3^rM;ay\j 11^ ATTEST: APPROVED:. Lance Spic , City Clerk RUTH CARNEY, MAYOR