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09-09-92/ 61 M Board of Directors Chamber Little Rock, Arkansas September 9, 1992 - 1:40 P.M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the September 1, 1992 regular meeting with Mayor Sharon Priest presiding. City Clerk Robbie Hancock called the roll with the following Directors in attendance: Directors Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 5; Absent - Director Roy - total 1. With a quorum present, Mayor Priest declared the Board of Directors in session and announced the purpose of the reconvened meeting was to discuss the Rebsamen Park Road issue. (See Minutes of September 1, 1992.) She then opened the floor for that discussion. Director Dailey stated he still favored not appealing the decision of Judge John Ward, but would like to hear some of the concerns of other board members. Director Catlett stated she was convinced that for policy purposes the appeal should be pursued until it is concluded with a final decision in the appellant court because the decision as it now stands leaves a lot of unanswered questions. When is an issue final that has been voted on by the public and administered by the Board? How many times is it subject to an initiated act? At what point can we let the contract and go on with construction? She also expressed concern about the 1983 act aspects of this litigation - what effect will a non - appeal have on various claims for damages and claims for attorneys fees that are pending? She reiterated that she was still supportive of an appeal, and suggested the decision be delayed another two weeks to give additional time to examine the issue because a lot more is as stake than whether to build the bridge over Jimerson Creek. City Attorney Tom Carpenter responded to some of the issues raised by Director Catlett. Director Lewellen asked how this decision would impact the City's ability to raise future bond issues. Mr. Carpenter responded that he was not a bond attorney and not qualified to answer Director Lewellen's question. Mayor Priest expressed concern for the major public policy issue because this puts every project on the 1987 Bond Issue up for the same thing happening and the Board owes it to all the citizens of Little Rock to get the situation clarified. City Attorney Tom Carpenter noted that the question this case raises is where is the line drawn between administrative and legislative action by the Board of Directors. Director Shackelford expressed concerns about the time limit in which the public can challenge a legislative action of the Board and said the Board needs to know at what point a decision is final. Mr. Barry Haas, spokesman for Save the Parks Committee, said that Article VII of the State Constitution allows citizens co- equal powers to pass laws just as elected officials do. There is no time limit in Article VII. He urged the Board of Directors to put this issue on the ballot and let the people decide whether to build the bridge across Jimerson Creek and continue the Rebsamen Park Road Extension Project. 1 Minutes September 9, 1992 Mr. Webb Hubbell, attorney for Save the Parks Committee, urged the Board to make a decision today so the people will know where they stand. Don't let the people work and slave and then deny them the right to vote. He pointed out that delaying the decision whether to appeal puts a chill on the people's effort to put the issue on the ballot. After the lengthy discussion, the Board of Directors generally agreed to meet again on Wednesday, September 23, 1992 to continue the discussion and decide whether to appeal Judge Ward's decision. Resolution No. 8,780 was introduced next, with the title being: A RESOLUTION EXPRESSING THE BOARD OF DIRECTORS ENTHUSIASTIC SUPPORT FOR AMENDMENT 3 TO HELP LIBRARY FINANCING; AND FOR OTHER PURPOSES. and the Resolution was read in full. There was a motion and second by Directors Lewellen and Shackelford, respectively, that the Resolution be adopted. The Resolution was adopted unanimously by voice vote of the Board members present. There being no further business to be presented, the Board of Directors adjourned at 2:45 o'clock P.M. to meet again in regular session on Tuesday, September 15, 1992, at 6:00 o'clock P.M. ATTEST: City Clerk Robbie Hancock APPROVED: �0✓i,c�7t% Mayor Sharon Priest 2 149,