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
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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,
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December 14, 1994
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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
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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