03-01-94549
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
March 1, 1994 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
met in regular session with Mayor Jim Dailey presiding. City
Clerk Robbie Hancock called the roll with the following Director ICY/
in attendance: Directors Sharp, Lewellen, Mason, Hendrix,
Scheibner, Keck and Joyce - total 8; Absent - Directors Priest
and Roy - total 2.
Mayor Dailey announced that a quorum was present and
declared the Board of Directors in session. The proceedings of
the meeting are recorded as follows.
The Invocation was given by Director Adcock, followed by the
Pledge of Allegiance.
Vice Mayor Mason presented a Certificate of Appreciation to
the Arkansas Democrat Gazette for establishing the Safe City
Project.
Consideration was then given to the Consent Agenda, which
consisted of the following items:
(a) Approval of the Minutes of the Board of Directors
regular meeting held December 21, 1993.
(b) A motion setting the date for a public hearing on March
15, 1994 on the projected use of the City's FY 1994 Community
Development Block Grant Funds.
(c) Resolution No. 9,107, entitled:
A RESOLUTION AUTHORIZING THE CITY MANGER TO ACCEPT BIDS
AND AWARD A CONTRACT FOR FITNESS EQUIPMENT AT THE SOUTHWEST
LITTLE ROCK COMMUNITY COMPLEX. (Cybex - not to exceed
$34,346.50.)
(d) Removed from Consent Agenda. (See Ordinance No. 16,604
regarding the Zoo Administration Complex.)
(e) Resolution 9,108, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE CONSTRUCTION OF HOME DWELLING
UNITS AT 1104 PARK STREET AND 1115 PARK STREET, AND FOR THE
RENOVATION OF A HOME PROGRAM UNIT AT 1119 PARK STREET. (Phillips
Construction Co. - $42,480 - 1104 Park; $41,891 - 1115 Park;
$28,490 - 1119 Park.)
(f) Resolution No. 9,109, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE WIDENING OF EAST 17TH STREET
FROM I -30 TO COLLEGE STREET, AND E. 24TH STREET FROM VANCE TO
MCALMONT, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Lambert
Construction Co. - not to exceed $164,792.50.)
(g) Resolution No. 9,110, with the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CONTRACT WITH PREFERRED VISION CARE FOR OPTICAL INSURANCE FOR
NON -UNION EMPLOYEES FOR A ONE YEAR PERIOD EFFECTIVE MARCH 1,
1994.
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(h) Resolution No. 9,111, entitled:
A RESOLUTION APPROVING THE 1995 TRANSPORTATION
IMPROVEMENT PROGRAM (TIP) TO BE SUBMITTED TO METROPLAN FOR THE
1995 INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA)
PROJECT RANKINGS.
(i) Resolution No. 9,112, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE PORTIONS OF ALAMO CIRCLE AND _
SHADECREST DRIVE IN MONTCLAIR HEIGHTS SUBDIVISION (PART II) TO
THE CITY OF LITTLE ROCK, ARKANSAS. (March 15, 1994.)
(j) Resolution No. 9,113, with the following caption:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE PUBLIC UTILITY AND DRAINAGE EASEMENTS IN MONTCLAIR
HEIGHTS SUBDIVISION (PART II), CITY OF LITTLE ROCK, ARKANSAS.
(March 15, 1994.)
(k) Resolution No. 9,114, with the title being:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE PUBLIC UTILITY AND DRAINAGE EASEMENTS IN MARSHALL AND
WOLFE'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (March
15, 1994.)
(1) Resolution No. 9,115, entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE A PUBLIC UTILITY EASEMENT IN LOT 240 -R OF LONGLEA VII -A
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (March 15, 1994.)
(m) Resolution No. 9,116, described as:
A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE CITY OF
MAUMELLE, ARKANSAS, GRANTING METROPOLITAN EMERGENCY MEDICAL
SERVICES ("MEMS") AN EXCLUSIVE FRANCHISE TO PROVIDE EMERGENCY
MEDICAL SERVICES TO THE CITY OF MAUMELLE, ARKANSAS; AND FOR OTHER
PURPOSES.
(n) Resolution No. 9,117, with the title being:
A RESOLUTION AUTHORIZING METROPOLITAN EMERGENCY MEDICAL
SERVICES ( "MEMS") TO ENTER INTO NEGOTIATIONS WITH THE QUORUM
COURT OF LONOKE COUNTY, ARKANSAS, IN ORDER TO PREPARE AN
INTERLOCAL AGREEMENT WITH THE CITY OF LITTLE ROCK, ARKANSAS, TO
ALLOW MEMS TO PROVIDE EMERGENCY MEDICAL SERVICE TO CERTAIN
UNINCORPORATED AREAS OF LONOKE COUNTY, AND FOR OTHER PURPOSES.
(o) Resolution No. 9,118, with the following caption:
A RESOLUTION AUTHORIZING METROPOLITAN EMERGENCY MEDICAL
SERVICES ("MEMS") TO ENTER INTO NEGOTIATIONS WITH THE GOVERNING
BODY OF THE CITY OF WARD, ARKANSAS IN ORDER TO PREPARE AN
INTERLOCAL AGREEMENT WITH THE CITY OF LITTLE ROCK, ARKANSAS, TO
ALLOW MEMS TO PROVIDE EMERGENCY MEDICAL SERVICE TO THE CITY OF
WARD, AND FOR OTHER PURPOSES.
(p) Resolution No. 9,119, entitled:
A RESOLUTION TO EXPRESS SUPPORT FOR THE EFFORTS TO
PROHIBIT APPEAL BONDS FOR PERSONS CONVICTED OF CLASS Y FELONIES;
AND FOR OTHER PURPOSES.
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Upon motion and second by Directors Mason and Sharp,
respectively, which was unanimously adopted by the Board Members
present, the Consent Agenda was dispensed with as follows: (a)
The Minutes of the regular meeting held December 21, 1993 were
approved as written and distributed to members of the Board of
Directors; (b) a motion to set the date for hearing on the
projected use of 1994 CDBG funds was unanimously adopted; and (c,
e, f, g, h, i, j, k, 1, m, n, o, p and q) Resolutions No. 9,107,
9,108, 9,109, 9,110, 9,111, 9,112, 9,113, 9,114, 9,115, 9,116,
9,117, 9,118, and 9,119 were read in full and unanimously
adopted. (Note: Item (d) regarding the Zoo Administration
Complex was removed from the Consent Agenda and considered after
Citizen Communications. See Ordinance No. 16,604.)
At the time allotted for Citizen Communications, the first
speaker was Ms. Allison Patton, 809 Rock Street, who addressed
the Board of Directors regarding the demolition of the building
at 815 Rock Street which is owned by Ms. Patton and her mother,
Ms. Evelyn Duffie. They have been unable to sell the property
and the building is beyond salvaging. She has asked for a
demolition permit; however, the building is located within the
Little Rock Historic District and the Historic District
Commission will not authorize the demolition. Mayor Dailey
advised Ms. Patton to call City Manager Charles Nickerson for a
briefing.
(Director Priest enrolled at 6:15 o'clock P.M.)
The next speaker was Mr. Bennie Johnson, 1805 West 18th
Street, who addressed the Board on the subject of violence in the
community, particularly black on black crimes and youth violence.
He asked City officials to join together to help the black
community. Schools that aren't used during the summer could be
opened up for activities and jobs for these kids.
Mr. Robert "Say" McIntosh also spoke on the subject of black
on black crimes and youth violence.
Mr. Rocky Herman spoke to the Board of Directors regarding
the traffic situation at Tanya and John Barrow Road and asked
that a traffic light be installed at that location. Mayor Dailey
asked that the need for a traffic light at Tanya and John Barrow
be discussed at the Agenda Meeting on March 9, 1994.
The last speaker was Ms. Hafeeza B. Majeed, 2603 S. Brown
Street. She introduced students, parents and mentors of the
African American Male Mentors Program, which focuses on concerns
specifically related to African Americans. Mr. Coleman, one of
the mentors, made a brief presentation listing highlights of the
program and outlining goals. April 9 will be the first "We Love
You Little Rock" Saturday Youth Task Force Forum, which will
continue if the Board approves. Mayor Dailey offered to meet
with Ms. Majeed soon to discuss how this group can work with
other CLR youth organizations or task forces.
Consideration next was Ordinance No. 16,604, entitled:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS
FROM THE 1988 CAPITAL IMPROVEMENT FUND; TO TRANSFER FUNDS FROM
SPECIAL PROJECT FUND ACCOUNTS FOR CONSTRUCTION OF THE ZOO
ADMINISTRATION COMPLEX; AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO A BUILDING CONSTRUCTION CONTRACT WITH WILKINS CONSTRUCTION;
AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by motion
and second made by Directors Keck and Lewellen, respectively,
which was unanimously adopted by the Board Members present, being
ten in number and two - thirds or more of the members of the Board
of Directors - elect. Following the second reading of the
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Ordinance, there was a subsequent motion made by Director
Lewellen, and seconded by Director Keck, to again suspend the
rules and place the Ordinance on third and final reading. The
motion was unanimously adopted by the Board Members present,
being ten in number and two - thirds or more of the members of the
Board of Directors - elect, and the third and last reading of the
Ordinance ensued. A roll call vote was taken on the question,
Shall the Ordinance Pass, with the results recorded as follows:
Ayes - Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest,
Sharp, Lewellen, Mason and Mayor Dailey - total 10; Noes - None;
Absent - Director Roy - total 1. Whereupon, the Ordinance was
declared PASSED.
Consideration was then given to a proposed Ordinance
described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE
FROM THE MASTER STREET PLAN REQUIREMENTS FOR ST. MARGARET'S
EPISCOPAL CHURCH LOCATED AT 20901 CHENAL PARKWAY PERMITTING A
DEFERRAL OF CONSTRUCTION AND FOR OTHER PURPOSES;
(2-5773 - Defer construction of curb, gutter, sidewalk and half
of minor arterial street improvements along the south side of an
unnamed minor arterial street north of and adjacent to the
proposed church site.)
and the Ordinance was read the first time. There was no motion
to suspend the rules to place the Ordinance on second reading;
therefore, the proposed Ordinance remained on the calendar for
second reading on March 15, 1994.
The next presentation was a proposed Ordinance with the
following caption:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF
STREET IMPROVEMENT REQUIREMENTS TO CHENAL PARKWAY FOR ST.
MARGARET'S EPISCOPAL CHURCH LOCATED AT 20901 CHENAL PARKWAY.
(Z -5773 - Waive construction of a third travel lane on west bound
Chenal Parkway located adjacent to the proposed church site.)
and the Ordinance was read the first time. There was no motion
to suspend the rules to place the Ordinance on second reading;
therefore, the proposed Ordinance remained on the calendar for
second reading on March 15, 1994.
Ordinance No. 16,605 was the next presentation, described as
follows:
AN ORDINANCE AMENDING ORDINANCE NO. 16,528, WHICH VACATED
AND CLOSED A PORTION OF VOGLER STREET LYING GENERALLY BETWEEN
WEST 12TH STREET AND ROCK CREEK ABUTTING BLOCK 1, HOCOTT HOME
SITES SUBDIVISION, TO CORRECT THE PROPERTY DESCRIPTION;
(Abuts Tract 11, Hocott Home Sites instead of Block 1, Hocott
Home Sites.)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by motion
and second made by Directors Keck and Lewellen, respectively,
which was unanimously adopted by the Board Members present, being
ten in number and two - thirds or more of the members of the Board
of Directors - elect. Following the second reading of the
Ordinance, there was a subsequent motion made by Director
Lewellen, and seconded by Director Keck, to again suspend the
rules and place the Ordinance on third and final reading. The
motion was unanimously adopted by the Board Members present,
being ten in number and two - thirds or more of the members of the
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Board of Directors - elect, and the third and last reading of the
Ordinance ensued. A roll call vote was taken on the question,
Shall the Ordinance Pass, with the results recorded as follows:
Ayes - Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest,
Sharp, Lewellen, Mason and Mayor Dailey - total 10; Noes - None;
Absent - Director Roy - total 1. Whereupon, the Ordinance was
declared PASSED.
Consideration was then given to Ordinance No. 16,606,
entitled:
AN ORDINANCE AMENDING CHAPTER 1 OF THE LITTLE ROCK CODE OF
ORDINANCES TO PROVIDE FOR SEVERABILITY OF CODE PROVISIONS TO THE
EXTENT OF CONFLICTS BETWEEN CITY ORDINANCES AND STATE OR FEDERAL
LAW, AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by motion
and second made by Directors Keck and Lewellen, respectively,
which was unanimously adopted by the Board Members present, being
ten in number and two - thirds or more of the members of the Board
of Directors - elect. Following the second reading of the
Ordinance, there was a subsequent motion made by Director
Lewellen, and seconded by Director Keck, to again suspend the
rules and place the Ordinance on third and final reading. The
motion was unanimously adopted by the Board Members present,
being ten in number and two - thirds or more of the members of the
Board of Directors - elect, and the third and last reading of the
Ordinance ensued. A roll call vote was taken on the question,
Shall the Ordinance Pass, with the results recorded as follows:
Ayes - Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest,
Sharp, Lewellen, Mason and Mayor Dailey - total 10; Noes - None;
Absent - Director Roy - total 1. Whereupon, the Ordinance was
declared PASSED.
-- A public hearing had been scheduled for this time and place
by Resolution No. 9,099, adopted February 15, 1994, on the
petition filed by Development Consultants, Inc. on behalf of
Alltel Corporation to vacate and close portions of Cedar Hill
Road and Allied Drive in Riverdale Addition. Notice of hearing
was published in the Daily Record on February 22, 1994, and March
1, 1994. Attached to the petition was a certified copy of the
plat of Riverdale Addition on file in the Pulaski County Circuit
Clerk's Office and a letter from Beach Abstract & Guaranty
Company listing the last apparent owners of record of abutting
property. The closure was approved by the Planning Commission.
Mayor Dailey declared the public hearing open. No opposition was
presented, and Mayor Dailey declared the public hearing closed.
Consideration was then given to Ordinance No. 16,607, described
as:
AN ORDINANCE VACATING AND CLOSING PORTIONS OF CEDAR HILL
ROAD AND ALLIED DRIVE IN RIVERDALE ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS;
and the Ordinance was read the first time. There was a motion by
Director Mason, seconded by Director Sharp, to suspend the rules
and place the Ordinance on second reading. The motion was
adopted unanimously by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
— Directors- elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made by Director Sharp, seconded by
Director Lewellen, to again suspend the rules and place the
Ordinance on third and final reading, and the motion was
unanimously adopted by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect. Following the third and last reading of the
Ordinance, a roll call vote was taken on passage of the
Ordinance, with the results recorded as follows: Ayes -
Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp,
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Lewellen, Mason, and Mayor Dailey - total 10; Noes - None; Absent
- Director Roy - total 1. Therefore, the Ordinance was declared
PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 9,100, adopted February 15, 1994, on the
petition filed by Development Consultants, Inc. on behalf of
Alltel Corporation to vacate and abandon a 10 ft. public utility
easement lying adjacent to the south line of Tract D -2A Replat in
Riverdale Addition to the City of Little Rock. Notice of hearing
was published in the Daily Record on February 22, 1994, and March
1, 1994. Attached to the petition was a certified copy of the
plat of Riverdale Addition on file in the Pulaski County Circuit
Clerk's Office and a letter from Beach Abstract & Guaranty
Company listing the last apparent owners of record of abutting
property. Mayor Dailey declared the public hearing open. No
opposition was presented, and Mayor Dailey declared the public
hearing closed. Consideration was then given to Ordinance No.
16,608, with the title being:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN RIVERDALE
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and there was a first reading of the Ordinance, followed by a
motion to suspend the rules and place the Ordinance on second
reading. The motion was made and seconded by Directors Lewellen
and Mason, respectively, and unanimously adopted by the Board
Members present, being ten in number and two - thirds or more of
the members of the Board of Directors - elect, and the second
reading of the Ordinance ensued. There was a subsequent motion
made by Director Lewellen and seconded by Director Keck to again
suspend the rules and place the Ordinance on third and final
reading. The motion was unanimously adopted by the Board Members
present, being ten in number and two - thirds or more of the
members of the Board of Directors - elect. Following the third and
last reading of the Ordinance, a roll call vote was taken on
passage of the Ordinance with the results recorded as follows:
Ayes - Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest,
Sharp, Lewellen, Mason, and Mayor Dailey - total 10; Noes - None;
Absent - Director Roy - total 1. Therefore, the Ordinance was
declared PASSED.
Ordinance No. 16,609 was introduced next with the following
caption:
AN ORDINANCE TO AMEND ORDINANCE NO. 16,561 (THE 1994 BUDGET
ORDINANCE) TO PROVIDE ADDITIONAL FUNDS FOR THE NATHANIEL W. HILL
COMMUNITY COMPLEX; AND FOR OTHER PURPOSES;
and there was a first reading of the Ordinance, followed by a
motion to suspend the rules and place the Ordinance on second
reading. The motion was made and seconded by Directors Lewellen
and Mason, respectively, and unanimously adopted by the Board
Members present, being ten in number and two - thirds or more of
the members of the Board of Directors - elect, and the second
reading of the Ordinance ensued. There was a subsequent motion
made by Director Lewellen and seconded by Director Keck to again
suspend the rules and place the Ordinance on third and final
reading. The motion was unanimously adopted by the Board Members
present, being ten in number and two - thirds or more of the
members of the Board of Directors - elect. Following the third and
last reading of the Ordinance, a roll call vote was taken on
passage of the Ordinance with the results recorded as follows:
Ayes - Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest,
Sharp, Lewellen, Mason, and Mayor Dailey - total 10; Noes - None;
Absent - Director Roy - total 1. Therefore, the Ordinance was
declared PASSED.
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At 7:00 o'clock P.M. Mayor Dailey declared a five minute
recess. When the Board of Directors reconvened at 7:10 o'clock
P.M., Mayor Dailey presided and the following Directors were
present: Directors Priest, Roy, Sharp, Lewellen, Mason, Hendrix,
Scheibner, Keck and Joyce - total 10; Absent - None. (Note:
Director Roy enrolled at 7:10 o'clock P.M.)
A public hearing had been scheduled for this time and place
by Resolution No. 9,104, adopted February 15, 1994, and notice
thereof duly published on February 22, 1994, and March 1, 1994 on
the proposal by the City of Little Rock to abandon a portion of
right -of -way of Archwood Drive in Boyle Park in the City of
Little Rock, Arkansas. Mayor Dailey noted that the Archwood
Drive closing had been tabled on January 4, 1994 and 8 votes
would be required to remove it from the table. (See Minutes of
November 2, 1993 and January 4, 1994.) There was a motion by
Director Joyce, seconded by Director Adcock, to bring back to the
table the Archwood Drive street closure, and the motion was
adopted by the following roll call vote: Ayes - Directors
Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp,
Lewellen, Mason, and Mayor Dailey - total 11; Noes - None; Absent
None. Director Adcock pointed out there is also a companion
Resolution to improve safety in Boyle Park. Mayor Dailey
declared the public hearing open at 7:10 o'clock P.M. In
response to Director Hendrix's request for a staff presentation,
City Manager Charles Nickerson explained the staff
recommendations to improve safety and traffic circulation in
Boyle Park. (See Resolution No. 9,120 below.) Mr. Bill Bunten,
Director of Parks and Recreation, gave a brief summary of the
outstanding asset of CCC construction in Boyle Park and concluded
by stating the Parks Department supported the closing of Archwood
Drive because it would help improve the security of Boyle Park.
Mr. Mike Batie, Director of Public Works, reviewed the background
check of Archwood Drive and follow up actions. Following the
staff presentations and Board discussion, Director Hendrix moved
that the speakers be limited to three (3) minutes each. The
motion died for lack of a second. Those speaking in support of
the closing of Archwood Drive are listed as follows: Ken Oberste
- 6901 Archwood Dr.; Bob Dunaway - 6829 Archwood; Kenneth A.
Olson - 7009 Archwood; Bill Troxell - 7005 Archwood; A. C. Lynch
- 2820 S. Bryant; Bill Looney - 50 Lakeshore Dr.; Robert Forrest
- 2821 S. Bryant; Ken Wold - 6849 Archwood; Deborah E. Forrest -
83 Lakeshore Dr. (Reasons cited were speeding vehicles, heavy
traffic, gunshots, and activities taking place in the park at
night.) Those speaking in opposition to the closing of Archwood
Drive were: Harold Medlock, Jr. - 3400 Walker (also filed a
petition containing 561 signatures to prevent the closing of
Archwood) ; Ann Bryan - 2907 Dorchester Dr.; Betty Moore - 4002
Walker; Eddie Odle - 3823 Walker; Rocky Herman, and Michael
Booker. (Reasons cited: asset to neighborhood and access to
South University.) After a 30 minute discussion among Board
members, Mayor Dailey declared the public hearing closed, and the
proposed Ordinance was introduced, with the title being:
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF ARCHWOOD
DRIVE IN BOYLE PARK IN THE CITY OF LITTLE ROCK, ARKANSAS.
(Closing Archwood Drive beginning at the northwest corner of Lot
1, Maryton Park Subdivision, extending westerly through Boyle
Park to the point of its intersection with Boyle Park Road.)
Following the first reading of the Ordinance, there was a motion
by Director Mason, seconded by Director Roy, to suspend the rules
and place the Ordinance on second reading. The motion was
adopted unanimously by the Board members present being 11 in
number and two - thirds or more of the members of the Board of
Directors - elect, and there was a second reading of the Ordinance.
Director Priest moved that the rules be suspended and the
Ordinance be placed on third reading. The motion was seconded by
Director Sharp and unanimously adopted by the Board members
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present being 11 in number and two - thirds or more of the members
of the Board of Directors - elect. The Ordinance was then read the
third and last time. A roll call vote was taken on the question,
Shall the Ordinance Pass, with the results recorded as follows:
Ayes - Directors Hendrix, Scheibner and Keck - total 3; Noes -
Directors Adcock, Joyce, Priest, Roy, Sharp, Lewellen, Mason, and
Mayor Dailey - total 8. Whereupon, Mayor Dailey announced that
the Ordinance had FAILED.
Resolution No. 9,120 was then introduced, described as:
A RESOLUTION OF INTENT OF THE BOARD OF DIRECTORS TO
IMPLEMENT CERTAIN RECOMMENDATIONS TO IMPROVE SAFETY AND TRAFFIC
CIRCULATION IN AND AROUND BOYLE PARK IN THE CITY OF LITTLE ROCK,
ARKANSAS;
and the Resolution was read in full. There was a motion and
second by Directors Lewellen and Adcock, respectively, to adopt
the Resolution, and the Resolution was adopted unanimously.
At 9:18 o'clock P.M. Mayor Dailey declared a five minute
recess. When the Board of Directors reconvened at 9:26 o'clock
P.M., Mayor Dailey presided and the following Directors were
present: Directors Priest, Sharp, Lewellen, Mason, Hendrix,
Scheibner, Keck and Joyce - total 9; Absent - Director Roy -
total 1.
The last item to be considered was a discussion of the Panky
New Life Support Center. There was a motion by Director Hendrix
that the Board of Directors go into executive session to discuss
the participation of the Fighting Back staff in the discussion on
Pankey New Life Center. Director Scheibner seconded the motion
and asked for a legal opinion from City Attorney Tom Carpenter.
Mr. Carpenter explained that only appointments to Boards and
Commissions and personnel matters such as hiring, firing,
performance, etc. could be considered in executive session. The
motion and second were then withdrawn. City Manager Charles
Nickerson made a brief presentation, listing the circumstances
leading up to the actions taken by Fighting Back in terminating
the contract with the Pankey New Life Support Center, effective
October 22, 1993: (1) In October, 1992 a grant of $50,000 for
one time seed money for one year was funded by the Robert Wood
Johnson Foundation and had certain requirements. The Pankey New
Life Support Center received two grants of $25,000 each. (2) In
May, 1993, a request was made to expend $2,500 of the grant funds
on construction. The request was processed and denied; however,
the funds were spent on construction. An effort was made to
repay the grant funds. FICA has not been paid on employees up to
this date. The most problematic issue was that what was
occurring was not what the application said would occur. The
Robert Wood Johnson Foundation staff concurred with the decision
to terminate the contract. Mr. Nickerson concluded by stating he
had worked with the Coalition and Barbara Douglas to enter into a
contract whereby City funds were used to continue the program
through the end of 1993. There was no commitment to continue the
funding beyond the end of the year.
(Director Roy enrolled at 9:40 o'clock P.M.)
Ms. Barbara Douglas, Executive Director of Pankey New Life
Support Center, addressed the Board of Directors and said that
Support Center staff members would speak on the money issues and
show that the Pankey New Life Support Center did not violate the
rules. The first speaker was Ms. Lottie Keaton, CPA, who
reviewed the receipts and disbursements and the audit. Mr.
Marvin Owens explained the drug abuse program. Ms. Roberta
Douglas explained the record keeping procedures and went through
the history of events prepared by Fighting Back, pointing out
discrepancies. She concluded by stating, "We did follow the
contract, and all we ask is that you honor the contract."
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Director Hendrix was upset that she did not know about the
problem until last week and asked that she be notified when
things get sticky like this. Mayor Dailey said the goal for the
Board of Directors is "to determine if we are going to help this
program." Director Sharp said he didn't understand a lot about
this and requested a full investigation. Director Lewellen said
he would be supportive of funding the Pankey New Life Support
Center. Director Priest said the contract had expired. This is
a good program and let's figure out how we can continue the
program. If we can't use Robert Wood Johnson Foundation money,
let's find some other funding. Ms. Pam Marshall, President of
the Coalition of Little Rock Neighborhoods, said when the grant
was given to Pankey, a promise of technical assistance was made.
That assistance was never effectively delivered. Mr. Melvin
Moss, the Executive Director (who has been terminated) and others
may have been trained to do certain things, but on -hand technical
assistance was never delivered to the Pankey Community. The
problem is the failure to communicate with the people who are
actually delivering the program. At some point someone needs to
take control of what is going on. Director Mason said it is
quite obvious that the Pankey program has been successful. We
now know what needs to be done on the front end. He then asked
to hear from City staff. Director Sharp asked if the City knew
that Barbara Douglas used over $5,000 of her own money to pay the
taxes; was the City aware that the taxes were due and there was
no money in the bank to pay the taxes. Assistant City Manager
Brenda Donald responded by saying that at the time the directive
was given to the Center to go forward and continue paying its
staff until the Executive Committee made a final decision, there
were unspent salary funds in the account. Ms. Mala Daggett,
Chair of the Fighting Back Executive Committee, addressed the
spirit in which this was done. The issue first came up in the
Finance Committee. The Committee said Pankey may need help, they
have a good program, it isn't really addressing the objectives
which their application described, and we need to talk to them
and work with them. The spirit of Fighting Back has been to try
to work this out. Pankey has a good program, but it did not meet
the items of a financial legal contract that we are bound to
uphold. In response to a question by Director Hendrix, Ms. Wendy
Salaam, Director of Fighting Back, said that several technical
assistance workshops were held for all three support centers at
the beginning of the contract year and Melvin Moss attended as
Director of the Pankey Support Center. Director Mason asked City
Attorney Tom Carpenter to speak to the issue. Mr. Carpenter said
the contract has been completed and documentation shows that the
Robert Wood Johnson Foundation has said don't use those funds for
Fighting Back. Mr. Carpenter was concerned with what the issue
is before the Board. If the question is, was that a proper
ruling by Robert Wood Johnson, he suggested the Board of
Directors had no control over that and any action by the Board
would probably only jeopardize the rest of the Fighting Back
program. If the question is, do we need to look at the system
for neighborhood programs, that is not a decision that can be
reached tonight. Director Keck suggested that City Manager
Charles Nickerson appoint a committee to look at this issue and
make a recommendation. In conclusion, Ms. Douglas stated the
contract was terminated because the Robert Wood Johnson
Foundation did not have all the information that the Board of
Directors received tonight.
There being no further business to be presented, Mayor
Dailey declared the Board of Directors in recess at 11:10 o'clock
P.M. to reconvene on Wednesday, March 9, 1994, at 1:30 o'clock
P.M. to consider appointments to various Boards and Commissions.
ATTEST: APPROVED: `
CITY CLERK ROBBIE HANCOCK 1OR JIM DAILEY
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