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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:
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Mayor Sharon Priest
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