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12-14-94799\ Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas December 14, 1994 - 1:30 P.M. The Board of Directors of the City of Little Rock, Arkansas, reconvened from the December 6, 1994, regular meeting with Mayor Jim Dailey presiding. The roll was called by City Clerk Robbie Hancock, with the following Directors present: Directors Roy, Sharp, Lewellen, Mason, Adcock, Scheibner, Keck and Joyce - total 8; Absent - Directors Priest and Hendrix - total 2. With a quorum in attendance, Mayor Dailey declared the Board of Directors in session and announced the purpose of the reconvened meeting was to consider the 1995 Budget Ordinance for the City of Little Rock. The proceedings of the meeting are recorded as follows. The first matter to be considered was Resolution No. 9,286, with the title being: A RESOLUTION OF SUPPORT FOR THE BEACONS SCHOOL INITIATIVE; DIRECTING THE CITY MANAGER TO CONTINUE THE DEVELOPMENT OF AN IMPLEMENTATION PLAN IN PARTNERSHIP WITH THE LITTLE ROCK SCHOOL DISTRICT AND VARIOUS OTHER ORGANIZATIONS; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. Director Mason thanked Board Members for their support of these initiatives, and called upon Ms. Brenda Donald, Assistant City Manager, to present an overview of the concept for the Beacons School. To begin the presentation, she introduced ::embers of the Beacon Planning Committee. Ms. Donald referred to a report provided to Board Members which outlines the things that have been accomplished, and things that are yet to be done. The report shows that Cloverdale Junior High School has successfully fulfilled the necessary criteria for the site for the Beacons School. Community involvement will be a key aspect of a successful program, and various potential funding sources were listed. Ms. Donald advised that the School Board will be asked to approve a resolution in support of the program at the December 15th School Board Meeting. Adoption of these resolutions will give the City Manager and the Planning Committee approval to move forward in securing the agreements. There was no further discussion and a motion was made by Director Sharp, seconded by Director Adcock, that the Resolution be adopted, and the Resolution was unanimously adopted by the Board Members present. Ordinance No. 16,796 was the next presentation, entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE SECTION 6 -52 (1988) TO PERMIT THE CITY MANAGER TO ADMINISTRATIVELY CHANGE THE SCHEDULE OF CHARGES ON SPECIAL OCCASIONS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Establishing certain fees to be paid to redeem animals from the City animal shelter.) Before the Ordinance was read, a discussion followed in which City Manager Charles Nickerson explained the amendment provides that the City Manager, upon formal or informal direction from the Board of Directors, may administratively reduce the charges for adoption of pets for limited periods of time, in order to facilitate special animal adoption programs. Director Joyce had concerns about cutting back or eliminating an adoption fee and expressed fear that if a person cannot afford to adopt an animal, "can they afford the upkeep ", adding; "I have to support that argument, I don't think this is the answer." Director Adcock 1 l 800 Minutes December 14, 1994 supported reduced fees during the holidays pointing out that the City Manager can declare reduced fees during limited periods. She said 80% of animals in Little Rock are being put to sleep with only 20% being adopted. Upon question by Director Joyce, Ms. Chandra Russell, Director of Public Works, advised that when animals are sick, they are put to sleep immediately, and if adoptable, 7 to 10 days, saying the time varies. Ms. Russell explained the adoption procedure to Director Keck. Director Keck voiced the same concerns as Director Joyce. (Director Hendrix enrolled at 1:50 P. M.) Upon question by Director Lewellen, Mr. Tom Carpenter, City Attorney, stated there are no legal ramifications, a person takes the dog as is; however, anyone that adopts a dog at an animal shelter realizes there is some risk. Following the discussion, the Ordinance was read the first time. A motion was made by Director Lewellen, seconded by Director Adcock, that the rules be suspended and the Ordinance be placed on second reading. The motion was adopted by a voice vote of 9 ayes, Director Keck voted No, and Director Priest was absent, which was two thirds or more of the Board of Directors - elect. The Ordinance was then read the second time. There was a subsequent motion by Director Sharp, seconded by Director Scheibner, to suspend the rules and place the Ordinance on third and final reading. The motion was adopted by a voice vote of 9 ayes, Director Keck voted No, and Director Priest was absent, which was two thirds or more of the Board of Directors - elect. With the motion having been adopted, the Ordinance was read the third and last time, and the Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Scheibner - total 7; Noes - Directors Keck and Joyce - total 2; Abstentions - Director Hendrix - total 1; Absent - Director Priest - total 1. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and received the following roll call vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Scheibner and Keck - total 8; Noes - Director Joyce - total 1; Abstentions - Director Hendrix - total 1; Absent- Director Priest - total 1. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Ordinance No. 16,797 was presented, described as: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1995, AND ENDING DECEMBER 31, 1995; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. (See Minutes of December 6, 1994, pages 9 -11, for discussion.) There was a lengthy discussion on provisions of the Budget Ordinance during which Director Adcock made a motion to amend the Ordinance "that $170,000 be taken from the Future Little Rock unappropriated funds and allocated to CATA General Fund." The motion was seconded by Director Mason. Director Sharp was first to address the proposal saying he would vote "No" on the motion. He stated his reason being that "each year CATA comes to the Board with a shortfall of funds, and until we see what they are doing with their money, I cannot support this." Director Adcock responded that she has seen a budget and the City Manager and Finance Director have received budgets; adding, "they have lost Federal Funds." Mayor Dailey noted that we have a CATA Board with Little Rock representatives serving on this Board. Director Joyce suggested that we encourage outside agencies to give us their fund raising proposals and budgets in the future. There was no further discussion, and the motion was adopted by the following roll call vote: Directors Roy, Lewellen, Mason, Mayor Dailey, 2 Minutes December 14, 1994 80� Directors Adcock, Hendrix, Scheibner, Keck and Joyce - total 9; Noes - Director Sharp - total 1; Absent - Director Priest - total 1. Director Keck made a motion, seconded by Director Mason, that 11$250,000 be appropriated to the Arkansas Arts Center contingent upon the success of the AT &T Judgment, and if it is not successful, I would say that it come from the $500,000 of the unallocated funds of the City." City Attorney Tom Carpenter advised Mr. Keck that the Ordinance should not contain this language, but it could be put in the form of a Resolution. City Manager Charles Nickerson said, if it appears that judgment is not successful, then we know we will have a certain amount of carry -over money, and mid - January we will know the exact amount, and at that point in time, that's where the allocation would come from. Director Mason stated that $250,000 is based on a four - year period. Mr. Carpenter then advised to leave the $250,000 in the budget and leave it to the City Manager and Director of Finance to come back to the Board with a funding source and not mention AT &T. Directors Keck and Mason then amended the motion to include language in the Ordinance as suggested by City Attorney Tom Carpenter. The motion to appropriate $250,0000 to the Arkansas Arts Center was then adopted by the following vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Hendrix, Scheibner and Keck - total 8; Noes - Directors Adcock and Joyce - total 2; Absent - Director Priest - total 1. After the motion was adopted City Attorney Tom Carpenter stated the Ordinance would be-amended as follows: "The amount of $250,000 is hereby appropriated to the Arkansas Arts Center for capital improvements with the intent to continue this appropriation in the ensuing three years, the source of these funds to be identified by the City Manager and Finance Director to the Board of Directors by no later than March 31, 1995." (Director Priest was enrolled at 2:10 P. M.) There was a motion and second by Directors Keck and Adcock, respectfully, to suspend the rules and place the Ordinance, as amended, on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the second time. There was a subsequent motion by Director Adcock, seconded by Director Keck, to again suspended the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven 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. An Aye and No Vote was taken on passage of the Ordinance, as amended, with the results recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck and Joyce - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section it of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck and Joyce - total 11; Noes - None; Absent - None. Whereupon, the Ordinance, as amended, together with the Emergency Section, was declared PASSED. The last matter to be discussed or to come before the reconvened meeting, were two proposed Ordinances introduced by Director Roy. The titles of the two Ordinances regarding water service were the same, but contained different wording and were designated Draft 1 and 2. The titles were: AN ORDINANCE TO AMEND ORDINANCE NO. 5506, AS AMENDED, AND TO MORE FULLY DEFINE THE AUTHORITY AND RESPONSIBILITY OF THE BOARD OF WATER WORKS COMMISSIONERS, AND TO ESTABLISH POLICIES CONCERNING THE EXTENSION OF WATER SERVICE OUTSIDE THE CORPORATE BOUNDARIES OF THE CITY OF LITTLE ROCK, ARKANSAS, DECLARING AN EMERGENCY, AND FOR OTHER 3 ` 802 Minutes December 14, 1994 PURPOSES. Director Scheibner made a motion to deal with the water issue today and the motion was seconded by Director Sharp. Since these two proposed Ordinances did not appear on the Agenda, there was a lengthy discussion on whether they should be considered. City Manager Charles Nickerson stated that "it is inconceivable that we would take something as critical as the issues surrounding our growth policy and our water policy and put it on a reconvened meeting with no public input, no public dialogue, and no discussion that it's even coming up for a vote today." He urged the Board of Directors not to take such action on the matter. At the close of discussion, Director Scheibner withdrew his motion, and the two proposed Ordinances were NOT PRESENTED. There being reconvened meeting 2:25 o'clock P. M., regular session on P. M ATTEST: no further business to be presented, the of the Board of Directors was adjourned at with the Board of Directors to meet again in Tuesday, December 20, 1994, at 6:00 o'clock City Clerk Robbie Hancock JC 4 P OVED: �ayor"(J?Cim Daile