05-07-02Minutes: 5 -7 -02
MINUTES
BOARD OF DIRECTORS MEETING
City Hall - 500 W. Markham
May 7, 2002
6:00 PM
The Board of Directors of the City of Little Rock, Arkansas met in regular session with
Mayor Daily Presiding. The roll was called by City Clerk Nancy Wood, with the
following Directors Present: Directors: Hinton, Pugh, Stewart, Graves, Lichty, Keck,
Adcock, Wyrick, Kumpuris, and Vice Mayor Cazort.
The invocation was given by Director Stewart, which was followed by the Pledge of
Allegiance.
With a quorum present, Mayor Dailey declared the Board of Directors in session and the
proceedings of the meeting are recorded as follows:
Mayor Dailey asked for a motion to make the listed modifications. Director Adcock
made the motion to make the changes to the agenda; Vice Mayor Cazort seconded the
motion, and by unanimous voice vote of the board members present the listed
modifications were made.
The modifications were as follows:
ADDITIONS:
M -1. PRESENTATION - Certificate of Achievement to Patrick Oliver — Director
Stewart
M -2. PRESENTATION - Main Street Plan — George Wittenberg
M -3. ORDINANCE - Authorizing the City Manager to execute a contract extension with
Arkansas Children's Hospital for Adolescent Substance Abuse Prevention and
Intervention Enhancement Services for Little Rock Youth, Ages 14 -18.
M -4. REPORT - March 2002 Monthly Financial Report.
M -5. RESOLUTION - Releasing an easement for public utility and drainage purposes
retained in closed 39th Street right -of -way; and for other purposes.
M -6. PROCLAMATION - National Bike to Work Day
M -7 PRESENTATION — McClellan High School Choir
DELETIONS
9. RESOLUTION - To authorize local government endorsement of American
Management Corporation located at 501 E. Markham Street, Little Rock, Arkansas to
participate in the Advantage Arkansas Program; and for other purposes.
17. ORDINANCE - Amending Chapter 30 of the Code of Ordinances of the City of
Little Rock, Arkansas, providing for a waiver of Master Street Plan Construction for
Catfish City Restaurant located at 1817 South University Avenue in the City of Little
Rock, Arkansas.
M -7 PRESENTATION — McClellan High School Choir
Mayor Dailey introduced Mr. Doug Hoffman, Choir Director at McClellan High School,
who introduced the McClellan High School Pride Choir, who performed three songs.
Mayor Dailey introduced Mr. Ronnie Colvin, representing Comcast Cable, announcing
that the viewing area had been expanded for the government access channel by cable
casting on a channel they call Comcast Local Addition, Channel 18. This provides the
capability of viewing for over 87,000 homes. He stated that North Little Rock Board
Meetings would begin airing on this channel, as well as televising the Quorum Court
meetings.
Mayor Dailey called on Dr. Walter Nunn, UALR, who introduced four Russian
Citizens, who were in Little Rock, courtesy of the Library of Congress, for nine days to
study American federalism. He stated other groups were to follow would be studying the
environment, economic development and other issues.
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M -6. PROCLAMATION - National Bike to Work Day
Mr. Bryan Day invited the Board and citizens to an event on May 17t ", called Bike to
Work Day. The details to be posted on the city website, and promoted through the bike
stops on both sides of the river. Mr. Day stated the second event he wanted to invite
everyone to is National Trails Day on June 1St, a fourteen -mile loop around the city, lead
by Mayor Dailey, Mayor Hayes, and Judge Villines.
Proclamation: Employee Appreciation Week
Mayor Dailey read the proclamation as follows: Whereas, the City of Little Rock has over
1800 full -time employees and approximately 450 part -time employees and represent the
community as a whole, Whereas the Board of Directors recognizes that City employees
give of themselves beyond what is written in their job description, Whereas the Board
also recognizes that City employees continue to provide services and programs to both
our citizens and visitors in a highly professional and courteous manner, Whereas the
citizens of Little Rock can be proud that they have a professional and dedicated staff
working for the good of all citizens, Now therefore, I Jim Dailey, Mayor of the City of
Little Rock, do hereby proclaim the week of May 13 —18, 2002 as City Employee
Appreciation Week. Signed, Jim Dailey, Mayor of the City of Little Rock. Mr. Don
Flegal, Director of Human Resources, gave an overview of the events to take place
during Employee Appreciation Week.
M -1. PRESENTATION - Certificate of Achievement to Patrick Oliver — Director
Stewart. Director Stewart recognized the work and commitment of Mr. Patrick Oliver,
the Program Director for "Say it Loud" a program for youth.
M -2. PRESENTATION - Main Street Plan — George Wittenberg — Mr. Jim Shimmer,
Downtown Partnership, introduced Mr. George Wittenberg, UALR Urban Studies and
Design, , who presented a slide presentation of the concepts of the Main Street Corridor
Plan. He stated there had been a lot of citizen participation in the plan. He said hopefully
this would be the way to turn the corner of the successful development going on along E.
Markham in the River Market and the riverfront in general.
Director Lichty made a motion for M -5 and item 18 to be added to the consent Agenda. _
Director Adcock announced that Pastor Hawkins with St. John Baptist was present to
speak on Item 18, and asked it to be left separate. A second was made by Director
Adcock to add M -5 to the Consent Agenda. By unanimous voice vote of the board
members present, Item M -5 was added to the Consent Agenda. Director Lichty made a
motion to add Items M -3 and Item 19 (First reading only) to the grouped items. Director
Adcock seconded the motion, and by unanimous voice vote of the board members
present, Item M -3 and Item 19 were added to the list of Grouped Items on the Agenda.
Director Keck motioned for item 20 to be placed before the Grouped Items, following
Citizen Communications. Director Lichty seconded the motion, and by unanimous voice
vote of the board members present, Item 20 was moved to follow after Citizens
Communications.
Mayor Dailey asked for Item 7 on the Consent Agenda to be held separately due to
having a citizen wishing to address the issue. Director Adcock asked for Item 13 to be
held separately, due to questions she needed answered concerning the item.
The Consent Agenda consisted of Items 1 -8, and Items 10 -12.
1. MOTION - To approve minutes from regular Board of Directors meeting: February
5, 2002, February 19, 2002, and March 5, 2002 ; and Reconvened meeting: January 29,
2002
2. RESOLUTION NO. 11,276- To authorize local government endorsement of Vinyl
Building Products, Inc. located at 8801 Frazier Pike to participate in the Advantage
Arkansas Program; and for other purposes.
3. RESOLUTION NO. 11,277 - Of the Little Rock Board of Directors of the City of
Little Rock, Arkansas in support of the Main Street Corridor Plan.
4. RESOLUTION NO. 11,278 - To set the date of public hearing for May 21, 2002 on a
petition to vacate a public utility easement in Block 1 and 2 of Sydney J. Johnson's
Addition to the City of Little Rock, Arkansas.
5. RESOLUTION NO. 11,279 - To appoint bond counsel for the proposed 2002
Capital Equipment Short -Term Financing Project and for other purposes.
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6. RESOLUTION NO. — 11,280 - To appoint bond counsel for the proposed issuance of
City of Little Rock Capital Improvement Bonds, Series 2002; and for other purposes.
(Johnson Control Project.)
8. MOTION - To set the date of public hearing for May 21, 2002 on the petition for the
establishment of the Otter Creek Property Owners Improvement District.
9. RESOLUTION - To authorize local government endorsement of American
Management Corporation located at 501 E. Markham Street, Little Rock, Arkansas to
participate in the Advantage Arkansas Program; and for other purposes. (Item was
deleted from Agenda.)
10. RESOLUTION NO. 11,282 - To approve the bid for self - contained breathing
apparatus in hazardous areas; recommended bid is to F & F Supply in the amount of
$75,147, funding source is a part of the $300,000 Department of Justice Grant.
11. RESOLUTION NO. 11,283 - To authorize the City Manager to enter into a contract
with 3 -M Corporation for reflective sign sheeting materials for the Traffic Control
section of the Public Works Department.
12. RESOLUTION NO. 11,284 - To authorize the City Manager to enter into a contract
to purchase additional electronic meter mechanisms, housings and yokes in the amount
of $101,550.
The Consent Agenda was read. Director Adcock, seconded by Director Lichty to adopt
the Consent Agenda and by unanimous voice vote of the board members present, the
Consent Agenda was adopted.
Citizens Communication consisted of the following: Ms. Dee White, 204 Barton
Street, stated she represented a multi - cultural network of artists, and they still wanted to
put on a Heritage Month Festival. Ms. White announced there is a non - profit fund that is
able to be donated to, anytime by anyone, at Superior Federal, to aid the Fire Department
in purchasing thermal imaging equipment. Ms. White asked the board if their Heritage
Festival idea could be taken up under discussion as a way to increase revenues for
various ailing city departments. Mr. Troy Laha, 7 Althea Circle, representing the
Ottenheimer Club House in Southwest Little Rock, announced that on June 1, 2002, they
were having a grand re- opening and a fundraising breakfast from 8 AM until 10 PM, and
was looking forward to the board members and city staff to be there. Mr. Don Darnell,
7007 E. Wakefield Drive, asked for a report that he had requested from staff
approximately two months ago dealing with the debt payments on the presidential park,
that were perhaps being funded with the increase seen on city water bills. Ms. Mollie
Irwin, 507 Deerbrook Road, was present in a continued effort to urge staff to put a stop
light at Barrow Road and Henderson Middle School.
20. RESOLUTION - To endorse the proposal of the Department of Public Works to
provide solid waste collection services for the city; and for other purposes. Mr. Cy
Carney, City Manager, asked the board to pass the resolution; that the staff
recommendation was to move forward and give staff the signal to proceed in preparation
for the end of the current private contract with Waste Management in mid September, so
staff could prepare to serve the entire city with single family residential collection. Mr.
Carney announced the total fee involved in the service would be $1.43 additional fee,
which is less than the original proposed fee some months ago. Mr. Carney stated that a
bidding process was presented to the Metro Solid Waste Agencies, private bidders, and
they chose not to bid, because they were not prepared to bid on services such as mosquito
spraying, dead animal pickup, and neighborhood roll off programs. Mr. Carney stated
there is less than four months to prepare to take over the entire city if the signal is given
tonight. If the signal is given tonight, in two weeks the appropriate ordinances would be
presented for the rate adjustment that would be necessary. Mr. Bob Turner, Public
Works Director, gave an overview of the proposal, saying there would be three new
employees hired, and one new truck would be purchased. He said they had figured out
ways, such as restricting curbside service to be more efficient and in turn had lowered the
proposed rate increase. Mr. Turner said the restrictions would require residents to put all
liter in the plastic containers that the city provides. Homes needing more than one 90
gallon cart would be charged an additional $7.00 per container per month and that any
trash not inside the containers would be left behind. The crews would only use the
automatic side - loader trucks, which have automated arms that pick up certain kinds of
containers. He said the system would increase the number of pickups from 72 to 95
pickups in an hour, reducing the need for the number of trucks and the number of
employees. Mr. Turner said there was a provision in the proposal that allowed trash
outside the containers on Thanksgiving, Christmas and New Years. Mr. Turner stated
there would be an intensive educational program to inform the citizens on the new
restrictions. Mr. Wayne Rathbun, 6900 W. 68"' Street, District Manager for Waste
Management, whose company currently does trash collection for 45% of the City, stated
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he felt Little Rock leaders made the bids impractical, partly because they requested too
many services outside the traditional realm of waste hauling, such as mosquito spraying
and picking up dead animals. He said for them not to bid, said something about the
proposal. There was a lengthy discussion lasting over two hours in which some of the
board members questioned the level of service being provided, how it would be provided,
the educational aspect, the discrepancy in some of the figures provided to them by staff,
future fee increases, and those who thought the city should rebid for the solid waste
collection, due to questions regarding the bid process, and bid requirements.
Director Adcock asked about the free day at the landfill. Mr. Turner said he offered it,
but had heard nothing further, but as long it was on a day of regular garbage pickup, then
whatever day the board chose would be fine. Director Adcock said Monday would be
best because of collections over the weekend. Mr. Carney stated he believed the question
of the free day was deferred so the discussion being held tonight could take place, but if it
was the wishes of the board to have the free day, staff would be glad to incorporate that
in the final decision. Mayor Dailey stated he thought it was the desire of the board.
Director Adcock said she believed Mr. Carpenter, City Attorney, had said there might be
a legal issue involved. Director Adcock then asked Mr. Carpenter his opinion. Mr.
Carpenter said a memo had gone out Friday relating to this. He said he had discussed this
matter with the bond counsel on the bonds, and the problem with solid waste is among
other things, is it is part of interstate commerce and when you start doing one sort of
action for one part of interstate commerce you have to do it for others. When you start
doing that and it starts having an impact upon what is actually brought into the landfill
and the fact that others from other areas or other states could even bring things in, and
would have to be allowed the same thing, or this would be deemed a burden on interstate
commerce, then there is the risk that the city might not have the revenue to meet the total
cost of running the landfill from the bond obligations and they have to be met from
elsewhere within the budget. He said that he and Mr. Russell (bond counsel) after
discussion had concluded that it doesn't matter what a great idea it sounds like, the legal
ramifications, potential budget ramifications and the potential litigation ramifications
which have existed though out the country and particularly on the East coast, have these
law suits with some frequency. Mayor Dailey stated he respected his opinion as a
lawyer, but thought there was a way this could be done, even if it has to be tested and say
" we are doing this for the citizens of Little Rock ". He said he did not see this as opening
up someone filing a lawsuit. Mr. Carpenter told the Mayor that was his choice; he was
just stating the risk of doing it. Mayor Dailey said it is a policy decision, and he
appreciated the lawyer aspect coming to the table, so the board can decide, based on that,
how to move forward. Director Adcock stated she would like to have a resolution
prepared. The Mayor asked Mr. Carney to have that prepared, or whatever needed to be
done to be able to implement this. Director Adcock stated the city had done it in the
past, about four years ago for about two years. Mr. Richard Young representing
AFSCME (union) his first concern was for the city employees to be able to keep their
jobs. He stated what the union is concerned about is that the city would be losing
approximately $500,000 worth of payouts, sick leave, vacation, etc. if the city employees
lost their jobs because a private service takes over the collection operation. He stated he
had heard some of the private carriers say they did not bid because the only people that
could do it the way the bid specs were written. He believed that reflects on the employees
that the city would be money ahead, and risk ahead if the bid were award to the city.
Director Lichty asked for the reading of the resolution to get the issue decided. Mayor
Dailey asked for the reading. The resolution was read. A motion was made by Director
Lichty to adopt the resolution, seconded by Director Graves. A roll call vote was
recorded as follows: Directors: Pugh, yes, Hinton, yes, Lichty, yes, Vice Mayor Cazort,
no, Keck, no, Stewart, abstained, Wyrick, no, Kumpuris (was not present for the vote),
Graves, yes, Adcock, no, Mayor Dailey, yes. 5 yes, 4 no, 1 abstention). The resolution
failed. Mayor Dailey asked Mr. Carney where this left the city, and if the board did not
give him instructions, what he planned to do. Mr. Carney stated that being no action, the
current contract would continue for 45% of the city, and the city would continue to
operate the 55% of the city they are under contract to do until instructions were given
from the board. The city would continue in the status quo arrangement and then at the
end of mid September, when the contract with Waste Management ends, there would be
no service available to that portion of the city. He stated he would expect some direction
from the board to remedy the situation. Director Lichty stated he was concerned about
that because that leaves the city in a horrible situation. With the clock ticking away,
down to September, and had heard in these discussions that if there is going to be an
alternative assumption to this service, it was something that could not be done overnight.
He said they have to plan for it, do all the various things to be prepared to take over the
service and suggested to the board that there is a need to either reconsider this motion, or
a need to decide to give Mr. Carney direction tonight to do something about rebidding it.
He said he did not think it was responsible of the board to let this hang in limbo, that it
was too important. Director Wyrick stated she wanted to explain her vote. She said she
felt this would not give the citizens even basic service, the would get a level less than
what the citizens are getting now, and would be paying $1.43 more. She said she was not
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as concerned about he city doing the pickup, but wanted some assurances. She said she
saw two increases coming beside this one, and has been depicted as "if you want this
kind of service, it will coast you this, and if you want this kind or service it is going to
cost another number. She said she was looking for a realistic number for the entire thing
the board has asked for and to move forward with a better plan. Director Lichty stated
that when this was discussed previously, the cost was going to be $19.72 a month. The
proposal as it exists today, is $17.78 a month. He said there can be bickering about the
way the cost is allocated; but the result is there is a lesser cost to the citizens of Little
Rock. Mayor Dailey asked what would bring the board together to move this forward?
Director Adcock said she was of the same opinion as Director Wyrick, that there would
be less service for the citizens. She said she had asked Mr. Biles, Mr. Turner, and Mr.
Carney why these figures are different. She said she wants to know that citizen's garbage
is going to be picked up. Mayor Dailey said what he understood is that options have been
laid out for various types of programs, and if the board wanted to choose something at a
higher level, it would cost more, and the question was, is there a willingness of six
members of the board to pay more than $17.78 to do the extra services, or is it the boards
wish to go out and rebid. Directory Adcock said she felt the citizens would pay more if
they were going to get the service they expect. She stated that the first proposal was at
$19.72, and then went down to $17.78 but was taking services away. Mayor Dailey
stated that the city was in a competitive process with the private sector, and they were
trying to be sure they could give the board a structure that would give the city basic
garbage pickup as reasonably priced as it could be. Director Lichty stated even if there is
a need to go to the enhancement that allows the City to pick up the extra trash that is put
out, for the ones violating the ordinance the rate still would be at a $1 less than what
was proposed in February. Director Keck stated he felt there was a flaw in the process,
and felt when there is a bid process and a city department is expected to complete with
private vendors, that the rules that apply to the vendors should apply to the city
department. He said he wasn't accusing anybody of doing anything illegal, immoral,
unethical or wrong. He said the city chose a path that was different this time, and what
he thought, was to decide upon the level of service that is desired and rebid it. Director
Lichty stated that the city had done that. He said the board instructed them to bid on
everything, this board made that conscious decision. He said it was to have everybody
bid on everything, and everyone knew that ground rule going in. Director Keck said that
maybe he should add the parameter that those that choose to bid should all follow the
same bid process. He said that three different times last week, the question was asked
about the bid process and did the city adhere to it, and the answer was no, then yes, then
no. Tonight is was very clearly explained to him by Mr. Carpenter, that they did not have
to, however he said he recalled six or seven years ago when the city went though this
process, the city went out of the way to make certain that Public Works participated in
the same process as others, so there could be no question, there could be no doubt as to
the process that took place. Mayor Dailey stated that the Public Works Department had
given an outline of what they would deliver for $17.78, plus incremental prices for other
enhancements if the board wants to choose any of those. Mr. Carney asked Mr. Turner to
briefly outline the enhancements to see if there might be an agreement of a majority of
the board on a level of service that is somewhat different from the basic service that was
outlined. Mayor Dailey asked the board if there was a willingness of the board to accept
the city's own proposal under any terms or did they want to go back out to bid? Director
Adcock said she was not ready to accept anything tonight until Mr. Biles came back with
one set of figures. Mayor Dailey asked if there was anyone who voted no on this that
could help move it forward. Director Stewart said she abstained because no one seemed
to be very clear about what it is the board is voting on, and questions were raised over the
numbers and the contractors have revealed why they did not bid, and it went to the point
where it was unreal to her as to what direction to go in. Director Graves stated she would
extend her time frame, and stay to resolve the issue, that the board is giving the staff
convoluted information. She said the board is telling them they are to bid on everything;
and then saying you are not delivering the services. She said she had no confusion. She
said the board has to be clear on what they are asking. She said if it goes back out for
bid, is the board taking out the mosquito spraying. She said she would be willing to stay
as long as she had to if the board was going to make a decision, but if not then asked
them to come back to it in a week. Vice Mayor Cazort stated he had no doubt that Bob
Turner and his staff could do everything he said they could for the price he quoted and
did not think the $1 increase for all that he would be doing is a decrease in service, but
that his problem was as Director Keck's and that was in the bidding process, and not so
much the process as some of the requirements that were put into the bid that made it
viable for anyone to bid one. He said what would appease him would be for someone to
provide him the specs where this was bid seven years ago, a comparison between that
RFP and this RFP that some of the items that have been expressed by the companies such
as the two year termination clause, and the other issues that they have cited that caused
them not to want to issue a bid. He said if the terms have not changed in what has been
asked for, over that period of time, and this is essentially the same RFP as before he was
prepared to move to reconsider this proposal and change his vote, but wanted to see it.
He proposed that this meeting be recessed and reconvened in one week. Director Graves
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said she would be out of state next week, but would be here the week after. Director
Cazort stated he would not be here the week after that. Mayor Dailey asked for other
suggestions. Director Keck said rebid it. Mayor Dailey stated it had been bid as far as he
was concerned, and the price was there. Director Adcock suggested recessing this
meeting to let Mr. Biles and Mr. Turner come back with fees including the number one
and number two enhancements. Mayor Dailey asked Mr. Biles if during the boards
executive session if he could do this. Mr. Biles stated he thought he could go pull the
spread sheet and show how the numbers were broken out before vs. the new numbers.
Director Lichty asked if a vote to reconsider was necessary before the executive session.
Mr. Carpenter stated the motion to reconsider could be made by a person who voted on
the prevailing side, which would be against. The motion has to be made before the end
of the next regular meeting. Director Adcock made a motion, seconded by Director
Wyrick to go into executive session to consider the board and commission appointments.
The board recessed at 8:55 PM and reconvened at 9:10 PM. Director Kumpuris returned
to the meeting at 9: 20 PM. Discussion resumed on the Solid Waste Collection. Director
Lichty stated that it appeared to him that enhancement number two, which provides for
garbage collection to be expanded to include vacant and boarded up structures, and
occupied residential customers would subsidize the cost of services would cost $19.04 a
month versus the $17.78 a month originally proposed, and this amount is still $.68 per
month less than both what Waste Management, and the City of he importance of settling
this issue, encouraged one of the members of the prevailing vote to vote to reconsider and
see if the discussion could be opened up again to try to resolve this issue. Director
Adcock said she was not ready to vote until she looked at the figures she had requested
earlier. Mr. Bob Biles stated he had looked at the source document that generated the
$19.72, and the number looked at was the total revenue requirement, which on that
particular document was $14,141,000, and then looked at the document where the bid
sheet was generated and came up with the same identical revenue requirement. He said
that was to prove all the numbers are there. He said he didn't pull together a detailed
summary, as it would have taken more time that he had tonight to do so but did verify the
revenue requirements on both sheets were identical. Mr. Biles said if the board wanted
more detail, he would get those figures together tomorrow. Director Lichty asked Mr.
Biles to explain the difference in the allocation, and the significance if any. Mr. Biles
explained that what was done in the first sheet, the Yankee Study, indicated all the
transfers and the price that equates to those numbers, which was $2.40. On the bid sheet,
they took the transfer amount and indicated that some of that was general fund transfer,
some relates to this particular bid, and the allocation of the $2.40 was spread among
several of the items. He stated the same thing was done on the debt service. He
explained that before they indicated the total debt service was $3.3 million divided by
54,811 customers, by twelve months, and came up with a monthly charge. On the sheet
that he prepared he allocated the landfill portion to the landfill, the portion that couldn't
be allocated anywhere else is the $.93, in essence the amount of the debt service that
relates to the collection. The prior bond issues that related just to the collection portion,
such as trucks purchased. He explained that what had been done was take the $3.3
million dollars on debt service and allocated it differently for this particular sheet, the
intent was to isolate only those costs that were related to the RFP for the RFP. He said
before they were shown differently to show some other comparisons. He said they tried
to take it to say, if you want to bid just these items, all the other costs would be allocated
this way, to the landfill, to the debt service, but they took the debt service related to the
landfill and allocated it to the landfill. The total revenue requirements for both
allocations were the same. Director Adcock said she still wanted to sit down with him
and look at the figures to see exactly how they are related to the total of $17.78. She said
there are five figures that that have changed to prepare this RFP, and she had a question
on why so many figures were changed to make the RFP come out to $17.78. Mayor
Dailey asked if there was a desire by any members of the board that would like to make a
motion of any sort that would say this should go back to bid, and was there any desire to,
if the re -bid issue is put aside, to do an enhanced service level beyond what has been
discussed at $17.78. There was some agreement by some of the board members to see an
enhanced level of service. Director Keck made a motion to rebid; Vice Mayor Cazort
seconded the motion. Director Pugh asked if it would be rebid just the same as it was this
time. Director Lichty stated he would like to hear a comment from staff about the re-
bidding. City Manager, Cy Carney, stated staff is not in favor of rebidding. It is vague in
terms of the motion. Would the same thing be rebid, would it be bid differently, does the
city board want to write the specifications, and did not choose that staff should write
them any differently unless they had specific directions. Director Lichty said then it
would be bid exactly the same wayently. A roll call vote was taken as follows:
Directors: Pugh, yes, Hinton, no, Lichty, no, Keck, yes, Stewart, yes, Wyrick, yes,
Kumpuris, yes, Graves, no, Adcock, abstained, Vice Mayor Cazort, yes, Mayor Dailey,
no. The clerk stated the vote as 6 yes, 4 no, and 1 abstention. Mayor Daily stated he
counted the vote as 5 yes, 5 no, and 1 abstention. Director Keck made a motion to recall
the roll. Mayor Dailey stated he would support the motion. The vote was recalled and
recorded as follows: Director Pugh, yes, Hinton, no, Lichty no, Keck, yes, Stewart, yes,
Wyrick, yes, Kumpuris, no, Graves, no. Adcock abstained, Vice Mayor Cazort, yes,
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Mayor Dailey no. The vote was 5 yes, 5 no, and 1 abstention. The clerk had recorded
Director Kumpuris vote incorrectly during the first vote. The motion failed. Director
Adcock announced that after she has a chance to see Mr. Bile's figures, she might vote
with Director Keck. Mayor Dailey asked Mr. Carpenter to clarify a point, which was
that since Director Kumpuris had reentered the meeting, and a vote was held earlier on an
issue he did not vote on, could he vote on that issue now? Mr. Carpenter answered he
could not, because he was not present at the time. Director Keck asked since what was
presented was one response to the bid, and what is being discussed now, is a different
enhancement, and was unsure if a motion would be appropriate in voting on that, or if
there is still necessary a motion to reconsider. Mr. Carpenter, City Attorney answered
that a response to a bid is not being considered, and that needed to be clear. Director
Keck stated that Mr. Carpenter might not be, but he was. Mr. Carpenter stated that with
all respect, because this is on the record, this is now a legal term of art that has
ramifications, and restated the board is not considering a response to a bid. Mr.
Carpenter stated that the resolution before the board does not distinguish between one
type or level of service or another type or level of service, that it basically refers to
response to the proposal that was made by the Public Works Department, and it was his
understanding that the information that the board has, notes the specific information that
was provided at that time, and also contains the other levels. He stated if that was not
correct, he supposed the board could take the motion up, strike the language on page two
of the resolution; put a period at the end of Arkansas, and strike the comma, and the
phrase "as set forth in it's proposal" because a cost estimate and proposal by the City
Manager with the department has been discussed. Vice Mayor Cazort re- stated that he
was willing to reconsider this matter on the premise he could be provided with some
information regarding the language of the bid proposal from seven years ago as compared
to the RFP then and the RFP currently being discussed; to determine if the requirements
that the city was asking of bidders then was similar or substantially changed. He said he
was still willing to do that and, was willing to make, as one who voted in the affirmative
on the motion, to adopt the resolution, and it failed, would move to reconsider that vote
in two weeks time. He asked staff to provide him with the bid comparison in the interim.
He said he couldn't say he would vote any differently at that point, but said he moved to
reconsider this issue, the vote, on the adoption of the resolution in two weeks time.
Director Lichty, as a point of order, stated that since the board was going to be recessing
to consider another item a week from tonight, why would the board not want to
reconsider it then. Vice Mayor Cazort stated that was his first proposal, but knew that
Director Graves would be not be present then. He said but in reviewing his schedule,
noticed he would not be present in two weeks. He said his point being that he was not
prepared to reconsider or take another vote on this issue tonight. Director Lichty stated
that if the motion would be amended to one week, he would second it. Vice Mayor
Cazort amended the motion to one week. By majority voice vote of the board members
present, the motion carried. Director Keck voted no. The vote was recorded as 10 yes, 1
no.
Grouped Items: 14 -17
14. ORDINANCE NO. 18,679 - Z -7152 - Approving a Planned Zoning Development
and establishing a planned Commercial District titled B &M Body Shop Short -Form
PCD located at 5623 Baseline Road in the City of Little Rock, Arkansas amending the
Official Zoning Map of the City of Little Rock, and for other purposes. (Planning
Commission: 7 yes, 0 no, 4 absent.) Staff recommends approval.
15. ORDINANCE NO. 18,680 - Z- 3740 -B — Approving a Planned Zoning
Development and establishing a Planned Office District titled Branch Bank of the
Ozarks Short Form POD located on the southeast corner of Cantrell Road and the east
leg of Taylor Loop Road in the City of Little Rock, Arkansas, amending the Official
Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning
Commission: 7 yes, 0 no, 4 absent.) Staff recommends approval.
16. ORDINANCE NO. 18,681 - Z5699 -A — Approving a Planned Zoning Development
and establishing a Planned Commercial District titled Joseph's Revised Short Form
PCD located at 800 North Spruce Street in the City of Little Rock, Arkansas; amending
the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes.
(Planning Commission: 7 yes, 0 no, 4 absent.) Staff recommends approval.
17. ORDINANCE - Amending Chapter 30 of the Code of Ordinances of the City of
Little Rock, Arkansas, providing for a waiver of Master Street Plan Construction for
Catfish City Restaurant located at 1817 South University Avenue in the City of Little
Rock, Arkansas. (Item 17 was deleted from the agenda)
M -3. ORDINANCE NO. 18,678 - Authorizing the City Manager to execute a contract
extension with Arkansas Children's Hospital for Adolescent Substance Abuse
Prevention and Intervention Enhancement Services for Little Rock Youth, Ages 14 -18.
VA
Minutes: 5 -7 -02
The grouped ordinances were read the first time. The rules were suspended by two thirds
vote of the board members present; and by unanimous voice vote of the board members
present, the ordinances were passed.
18. RESOLUTION NO. 11,285 - To authorize the City Manager to enter into a contract
with St. John Baptist Church to manage and operate the South Little Rock Community
Center.
Reverend Hawkins, St. John Baptist Church, stated that managing and operating the
center, they want to be a part of the ongoing enrichment for the lives of the people in the
south end. He said the vision is not to dust take over the facility, that they wanted to
partner with and collaborate with people who are already doing a great job and try as best
they could to come along side them. He said this is an opportunity to make history, that
city government and churches can work together, and the citizens would be the
beneficiaries of that partnership. Reverend Hawkins asked for approval of the resolution.
Director Pugh asked the length of the lease. Reverend Hawkins stated they were asking
for a 99 -year lease. The purpose being to build and establish a long term relationship as
opposed to having to come back year to year, and thought the longevity of the term
would allow them to work for a common goal for the people, and briefly overviewed
some of the programs they would be presenting. The resolution was read. A motion was
made by Vice Mayor Cazort, seconded by Director Keck to adopt the resolution. By a
unanimous voice vote by the board members present, the resolution was adopted.
19. ORDINANCE - To amend Little Rock, AR, Rev. Code § 2 -243 (1988) to recognize
labor economics as a professional service for the City of Little Rock, Arkansas, and its
various boards and commissions; and for other purposes. (Two meetings required.) The
ordinance was read the first time.
7. RESOLUTION NO. 11,281- Authorizing the Little Rock Fire Department to
provide Fire Service for one year to certain businesses outside the City of Little Rock.
Ms. Dee White turned in a card to speak on this issue but had already left the meeting
when the item came up for vote. Ms. White did mention this issue during her citizen
communication. The ordinance was read. A motion was made by Vice Mayor Cazort to
adopt the resolution, Director Kumpuris seconded the motion, and by unanimous voice
vote of the board members present, the resolution was adopted.
13. RESOLUTION - Authorizing the City Manager to enter into contract negotiations
for the provision of Summer Youth Employment and Recreation Programs in Little
Rock for 2002. (Item deferred to a reconvened meeting on May 14, 2002.) Vice Mayor
Cazort moved to recess for one week, and reconvene.
21. REPORT - Little Rock Board of Directors — Director Hinton asked the City
Attorney to look at the ordinances dealing with sexually oriented businesses and the noise
ordinance to see if amendments could be made to include more notification to the citizens
and regarding the noise ordinance, would like to see enforcement of the ordinance. There
was brief discussion regarding noise meters. Mr. Carpenter stated that perhaps a
presentation from a vendor might be helpful in getting the facts, the cost effectiveness of
the meters. Director Stewart announced she had received many phone calls regarding a
billboard with the police chief referenced in it that was put up by city employees. She
asked Mr. Carpenter if this was legal. Mr. Carpenter said yes. The old adage applies that
says, "I may not agree with what your say, but I'll defend to the death, your right to say
it." He further stated this is by an organization; it's a commercial speech item. She said
with what is being presented the billboard was causing a lot of tension particularly in
African American communities. She said she spoke with the Assistant City Manager
Bruce Moore concerning this, and spoke with an NAACP representative, Dale Charles,
and there was going to be a meeting this week, and wanted to know if there was anything
going on within the City Manager's Office where they could sit down and negotiate or
mediate some type of peaceful resolution to this issue. Mayor Dailey stated he thought
Mr. Carpenter had stated part of this correctly, and wanted to say that anytime there are
complaints, if anyone wants to come to him with those, they were welcome to do so. He
said he turns them over to the City Manager, who investigates, and was in support of Mr.
Carney's decision to support the Chief at this point. He said to his knowledge there has
been no indication or reason the support should not be there. Director Stewart stated that
this does not do anything for the racial healing in the community. She said racial tension
is beginning to ignite in parts of the community.
Minutes: 5 -7 -02
22. REPORT - City Manager's Activity Report
23. RESOLUTION NO. 11,286 - Appointments to various Boards and Commissions.
Mr. Carney announced the candidate selections for the following Boards and
Commissions: Mr. Wesley R. Walls, (Architect Position) Historic District
Commission, Mr. Ron Fuller, (reinstatement), to the MacArthur Military History
Museum Commission, and Mr. Stuart S. Mackey (reappointment) to the Little Rock
Sanitary Sewer Committee.
Vice Mayor Cazort made a motion to recess, and reconvene in one week, to discuss the
trash issue and Item 13.
Recessed at 10:15 PM
ATTEST:
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64 Clerk/
APPROVED:
611
M7or
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