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09-23-92Board of Directors Chamber Little Rock, Arkansas September 23, 1992 - 1:35 P.M. The Board of Directors of the City of reconvened from the September 15, 1992, Mayor Sharon Priest presiding. City Clerk the roll with the following Directors in Roy, Hollingsworth, Lewellen, Shackelford, total 6; Absent - None. Little Rock, Arkansas regular meeting with Robbie Hancock called attendance: Directors Dailey and Catlett - With a quorum present, Mayor Priest declared the Board of Directors in session and announced the purpose of the reconvened meeting was to continue the discussion on the Rebsamen Park Road Initiative Petition and to determine whether the City of Little Rock should appeal the September 1, 1992, decision of Pulaski County Circuit Judge John Ward, which ordered City Clerk Robbie Hancock to verify the signatures on the Initiative Petition. (See Minutes of 9 -1 -92, 9 -9 -92, and 9- 15 -92.) The first speaker was Mr. Richard Brittain, 503 East 6th Street, Apt. 309, who again urged the Board of Directors to appeal Judge Ward's decision. Mr. Barry Haas, spokesman for Save the Parks Committee, read from a letter written to a Board Member urging the City to stop the extension of Rebsamen Park Road. He also read the ballot title of the Initiative Petition as certified by City Clerk Robbie Hancock to Barbara Martin, Coordinator of Pulaski County Election Commission, and stated any voter who goes to the polls to vote should understand the issue. Mr. Haas said he continues to get a lot of calls from citizens asking (1) Why is the Board of Directors afraid to let the citizens vote? and (2) How much has the City Board spent to try and prevent the taxpayers from voting on this issue? He concluded by urging the Board of Directors to drop the appeal and let the people have a chance to vote November 3. The next speaker was Mr. Leo W. Nonenkamp, #1 Oakwood, who voiced opposition to the extension of Rebsamen Park Road. Mr. Jim Lynch, 16 Lenon Drive, read a letter from Mr. Randolph Mowry, President of the Coalition of Little Rock Neighborhoods, written to the Board of Directors urging the Board to drop the appeal. The next speaker was Mr. Bill Spivey, who stated this is a case that presents significant issues for consideration by City government for Little Rock and throughout the state. There are significant questions concerning the appropriate use of initiative and referendum petitions. There seems to be some lack of clarity, lack of distinction between when a referendum petition is appropriate and when an initiative petition is appropriate, and there is a need in City government for finality to know that decisions which have been voted upon are indeed final and have indeed been decided by the appropriate governing body. Mr. Spivey encouraged the Board of Directors to appeal the decision of Judge Ward and clarify these points, because there are significant legal issues that deserve being addressed by the courts. Board discussion opened with comments from Director Dailey, who stated he still did not support an appeal of Judge Ward's decision. This is a unique situation that does represent a lot of issues and a lot of sensativity, and the better educated public is in a better position to determine whether they want this roadway or don't want this roadway. 15 Minutes September 23, 1992 Director Lewellen was concerned that there had been some direct expenditures made of construction material, specifically designated for the bridge. What happens to the pilings and railroad boxcars that have been purchased, because the public needs to know that there are expenditures specifically targeted for the bridge and not just the road. City Manager Tom Dalton stated the City would attempt to sell the boxcars and to create a cul -de -sac to finish out the road where the bridge was to have been constructed and to negotiate the end of the contract. Director Shackelford stated there has been a great misunderstanding around the whole process, that she just wanted clarity and, unfortunately, the only place to get that is in a court of law. Director Catlett stated that she was still of the opinion that the Board should appeal Judge Ward's decision, but that she was not in any way trying to block the public process and the public's right to exercise their constitutional rights. She stated that Judge Ward's decision left certain questions regarding the appropriateness of an initiated act, and future boards are going to have some very difficult decisions because they won't know what the public process is. Also, this could have an impact on future bond issues. Director Hollingsworth stated that he didn't feel now is the time to make an appeal, but proposed that the Board by Resolution point out the fact that in future instances on petitions, whether initiative or referendum, the City would try to get the law clarified and the Board should make that known in advance. However, other Board Members did not support his proposal. Mayor Priest concluded the discussion by stating that there are some issues here that have got to be dealt with sooner or later and felt that the appeal should go forward, but the concensus of the Board is not to appeal and she would respect that. There was a short discussion of the pending lawsuit, and Director Hollingsworth stated he hoped the lawsuit would be dismissed. If not, he would reconsider his decision. Upon question by Director Catlett, Director Roy stated he was opposed to the appeal. Since there was not a motion to appeal Judge Ward's decision, and no action was required to drop the appeal, Mayor Priest declared the meeting adjourned at 2:35 o'clock P.M., with the Board of Directors to meet again in regular session on Tuesday, October 6, 1992, at 6:00 o'clock P.M. ATTEST: cA.. City Clerk Robbie Hancock APPROVED: Mayor Sharon Priest