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01-26-99372 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas January 26, 1999 - 4:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, reconvened from the January 19, 1999 regular meeting, with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly and Adcock - total 10; Absent - None. With a quorum present, Mayor Dailey declared the Board of Directors in session and stated the purpose of the reconvened meeting was to consider an Ordinance and Resolution related to the Zoo, a Resolution regarding coterminous boundaries of the City of Little Rock and the Little Rock School District; and discussion of legislation regarding out -of -state property owners. There was a motion by Director Keck to add Item 1 on the Addendum to the Agenda. The motion was seconded by Director Adcock and unanimously adopted. (See Resolution No. 10, 461 below - contract to Tri -Star Construction for Legion Hut Road.) Consideration was then given to Ordinance No. 17,927 -X, entitled: AN ORDINANCE TO PROVIDE THAT THE PARKS AND RECREATION SYSTEM WILL CONSIST OF A PARKS & RECREATION DEPARTMENT AND A ZOO DEPARTMENT; TO CREATE THE ZOO DEPARTMENT; TO CREATE A ZOO BOARD OF GOVERNORS; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. The Ordinance was read the first time on January 5, 1999, and the second time on January 19, 1999. Therefore, Director Keck moved to suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Cazort and unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors. The Ordinance was then read the third and last time. A lengthy discussion ensued before the vote. Friends of the Zoo (FOZ) speakers were George Mallory, First Lady Janet Huckabee, Jess Askew, and Steve Wade. Most of the discussion centered around the contract between the City of Little Rock and Friends of the Zoo, Inc. (See proposed Resolution below) The first speaker was Mr. George Mallory, a member of the Zoo Task Force. Mr. Mallory listed some of the issues agreed upon by the Task Force. (1) The Zoo is underfunded. (2) Lack of centralized management. In regard to the cost of funding a new department, Friends of the Zoo (FOZ) currently collects membership fees and gift shop revenues in excess of $250,000 per year which when transferred to the new Zoo Department would more than pay the salary of the three new positions. The Zoo would continue to share the same resources of the Parks & Recreation Department. The Zoo Board of Governors will be involved in policy and will select a FOZ Board that will be able to raise money unhampered by conflicts over management. The Zoo Director should be fully in charge of day to day operations and there should be some form of centralized management. The Ordinance and Resolution are supported by the Zoo personnel, Zoo Task Force, City Manager Cy Carney and Parks & Recreation Director Bryan Day. Mr. Mallory concluded by urging the Board to pass the Ordinance and Resolution. Mr. Jess Askew, president of FOZ, said FOZ does endorse the Ordinance, they want to see the Ordinance adopted, a Zoo Department created, and a Zoo Director hired as soon as possible. With regard to the Resolution, there is an informal proposal from FOZ and a delegation met with the Mayor earlier in the day, and he asked that it be presented to the Board. Mr. Steve Wade, a member of Friends of the Zoo, then presented the proposal, pointing out the differences in the draft proposal from the Zoo Task Force recommendation and the pending Ordinance. (A) the three current FOZ employee positions would not be 1 Minutes January 26, 1999 373 transferred to the City, but would remain under FOZ. (B) Three positions on the FOZ Board of Directors would be occupied by members of the Zoo Board of Governors. (C) Except for three seats held by members of the Zoo Board of Governors, FOZ's Board of Directors would continue to be nominated and selected exclusively by FOZ. (D) The FOZ President would hold one of the 7 seats for private citizens on the Zoo Board of Governors. The FOZ Executive Director and the Zoo Director would be non - voting members of the Zoo Board of Governors. (E) The current Management Agreement between the City and FOZ would be terminated and replaced by a new Operating Agreement (as set forth in the proposal). Mr. Wade urged adoption of the Ordinance as presented and a delay of the Resolution until the proposal he presented could be considered by the Board of Directors. Mayor Dailey then advised the Board of Directors of what took place in his meeting with First Lady Janet Huckabee, Jess Askew and Steve Wade earlier in the afternoon. He said we all agree we must get a Zoo Director on board and we agree to elevate the Zoo to a Department. The City Board wants FOZ (the people) to continue to be friends of the Zoo as we move into a new structure. He wanted the City Board to discuss the proposal. Mayor Dailey said we need to move forward on this and we need to attempt to reach some unanimity on how we move forward with this structure. Director Keck said there needs to be a clear understanding of this framework. Ms. Marge Wood, a FOZ member, spoke in support of terminating Friends of the Zoo. She said it seemed foolish to have a board within a board. There is nothing wrong with the Zoo being its own department within the City structure. FOZ should only raise money for projects named by the Zoo Board and FOZ should be operated by the Zoo Department. We have to have a Zoo Director to get accredited. She urged the Board to move on the Ordinance. Mr. Wade responded to questions by Director Lichty regarding the FOZ business plan and fund raising. Mr. Wade felt a private sector fund raiser had more appeal than a public sector fund raiser. Director Lichty asked what happens if we pass the Ordinance and leave the Resolution dangling. Mayor Dailey said he was supportive of the Ordinance, but had concerns about the Resolution. Director Cazort said it had never been the intention of the Zoo Task Force to eliminate Friends of the Zoo. Every successful zoo has a successful support organization. The Resolution sets out a relationship between the City of Little Rock and FOZ. It terminates the existing management agreement between the City, the Parks Department, and FOZ. Director Cazort then offered an alternative Resolution that would do nothing more than terminate the management agreement with FOZ at this time. This would give opportunity to work out the issues of a formal agreement. Mr. Askew asked what would happen in the interim? FOZ has always operated a gift shop at the Zoo. Director Cazort said that would put pressure on proceeding promptly. First Lady Janet Huckabee, a member of the Zoo Task Force and FOZ, felt that terminating the agreement immediately would just create another problem. She asked the Board to pass the Ordinance and postpone the Resolution to give more time to think about it. Director Kumpuris asked if FOZ thought a generic agreement could be reached before getting a Zoo Director. Mayor Dailey said there is still major concern about a couple of issues - one is where the staff direction comes from. City Attorney Tom Carpenter stated that both the Ordinance and Resolution would have to be substantially modified according to this discussion. He said it seems the immediate interest is to get a Zoo Director and the time frame is important. The AZA accreditation is a six month process after the Zoo Director is on Board. Director Hinton asked if the Zoo Director would be hired by the Zoo Board of Governors or by the City Manager. Mr. Carpenter explained the Board of Governors would interview the applicants and recommend three to be considered by the City Manager. Director Kumpuris asked that Director Cazort and Mr. Carpenter work out the issues on the Ordinance so it could be passed at this meeting. He also amended Director Cazort's motion to make it effective in three weeks at the same time FOZ comes back with a final recommendation. Mr. Carpenter reminded the Board that the Ordinance is before the Board, but the Resolution is not on the table so the motion is not germane at this time. Mayor Dailey asked Director Cazort, City Attorney Tom Carpenter, and members of FOZ to meet away from the Board Room to try to work out the issues in the next 15 or 20 minutes. (Continued at bottom of page 3) Before leaving the room, City Attorney Tom Carpenter stated that Item 4 should be deferred until February 2, 1999, because staff will be meeting with Environmental N 374 Minutes January 26, 1999 Court Judge David Stewart on Wednesday to finalize the details. (An earlier meeting was rescheduled due to the tornado disaster of January 21, 1999) Therefore, the discussion on the legislation regarding out -of -state property owners was deferred until February 2, 1999. Mr. Carpenter also briefly explained the proposed legislation on Item 3 regarding coterminous boundaries for the City of Little Rock and the Little Rock School District. Both the City and the School District would have to request the boundary change. Director Keck was hesitant to vote until hearing from his constituents. Director Adcock had requested that several neighborhood organizations be notified that the issue was on the Agenda. (Spring Valley Manor, Woodland Ridge, and all annexed areas that were taken into the city) She moved to defer the Resolution until February 2, 1999 if notification of neighborhoods is made. Director Wyrick seconded the motion, which was unanimously adopted. Therefore, Item 3 was deferred until February 2, 1999, being a Resolution entitled: "A RESOLUTION TO ASK THE ARKANSAS GENERAL ASSEMBLY TO ADOPT LEGISLATION TO REQUIRE THAT THE BOUNDARIES OF THE LITTLE ROCK SCHOOL DISTRICT AND THE CITY OF LITTLE ROCK, ARKANSAS BE COTERMINOUS; AND FOR OTHER PURPOSES." Director Cazort, City Attorney Tom Carpenter, and members of FOZ were excused at 5:15 P.M. to try to work out the issues on terminating the agreement with Friends of the Zoo. Consideration was then given to Item 1 on the Addendum to the Agenda, being Resolution No. 10,461 described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TRI -STAR CONSTRUCTION COMPANY IN THE AMOUNT OF $454,053 FOR LEGION HUT ROAD RECONSTRUCTION. Following the reading of the Resolution, Director Wyrick moved for its adoption. The motion was seconded by Director Adcock and unanimously adopted by the Board members present. During the interim, Mayor Dailey asked Bruce Moore, Assistant to the City Manager, to make a report on the damage from the tornadoes that hit Little Rock on January 21, 1999. Mr. Moore gave an update and called on Fire Chief Webb, Police Chief Lou Caudell, Public Works Director Chandra Waller, and Neighborhood Programs Manager Jim Hathcock to make reports. At 5:44 P.M. Mayor Dailey asked Director Cazort to report on the discussion that took place with FOZ. (See page 2.) Director Cazort said the recommendation is that the Board pass the Ordinance with no changes and bring back the Resolution as modified by Director Kumpuris in three weeks. A roll call vote was then taken on passage of Ordinance No. 17,927 as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 7 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Director Kumpuris then moved to bring back the proposed Resolution that the management contract with FOZ be terminated in twenty -one (21) days. The motion was seconded by Director Cazort and unanimously adopted. Therefore the Resolution will be on the Agenda for February 19, 1999. 3 Minutes January 26, 1999 Director Cazort encouraged those interested in serving on the Zoo Board of Governors to get their resumes and letters to the City Clerk's Office within the next three weeks. Mr. Moore said the position of Zoo Director would be ready to advertise by the end of the week. There being no further business to be presented, the Board of Directors adjourned at 5:45 o'clock P.M. to meet again in regular session on Tuesday, February 2, 1999, at 6:00 o'clock P.M. ATTEST: City Clerk Robbie Hancock 4 APPROVED: ayor Jim Dailey w 375