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12-15-09Little Rock Board of Directors Meeting December 15, 2009 6:00 PM Little Rock Board of Directors Meeting December 15, 2009 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with Mayor Mark Stodola presiding. Acting City Clerk Susan Langley called the roll with the following Directors present: Hendrix; Richardson; Hurst; Keck; Wright; Wyrick; Kumpuris; Adcock; Vice Mayor Fortson; and Mayor Stodola. Director Cazort was absent. Director Wyrick delivered the invocation, which was followed by the Pledge of Allegiance. ADDITION City of Little Rock Retirement Recognition: City Manager Bruce Moore presented a medallion of recognition to the following retiring employees: James Henson, Little Rock Fire Department; Chief Don Kinney, Little Rock Fire Department; and Lareeta Robinson, Parks & Recreation Department. CONSENT AGENDA (Items 1— 2) 1. RESOLUTION NO. 13,061: To require the 2009 Audit to be performed in accordance with the guidelines and format prescribed by the Governmental Accounting Standards Board, The American Institute of Certified Public Accountants and the United States Government Accountability Office; and for other purposes. Staff recommends approval. Synopsis: This Resolution requires that the 2009 audit be performed in accordance with guidelines and formats prescribed by the Governmental Accounting Standards Board, The American Institute of Certified Public Accountants and the United States Government Accountability Office. 2. RESOLUTION NO. 13,062: To award a contract for the collection of delinquent court fines and costs to the firm of Linebarger Goggan Blair & Sampson, LLP; to authorize the City Manager to execute a contract with the firm; and for other purposes. Staff recommends approval. Synopsis: The City issued a Request for Qualifications for legal services for the collection of delinquent court fines and costs. The firm of Linebarger Goggan Blair & Sampson, LLP, was deemed most qualified by the selection committee. A contract has been negotiated by the City Attorney's Office. Director Adcock made the motion, seconded by Director Richardson, to approve the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was approved. 1 Little Rock Board of Directors Meeting December 15, 2009 6:00 PM GROUPED ITEMS (Items 3 — 8) 3. ORDINANCE NO. 20,198: To amend Chapter 8 of the 1988 Little Rock Code of Ordinances, providing for the adoption by reference of the 2009 International Property Maintenance Code and 2009 revisions; and for other purposes. Staffrecommends approval. Synopsis: Currently, the City of Little Rock is enforcing the 2006 International Property Management Code to address code violations with regard to existing commercial buildings. Adoption of the 2009 code will bring the City up to date with the most current code. 4. ORDINANCE NO. 20,199: To levy franchise fees to be paid by all carriers providing local access telephone service; provide for the payment thereof, and for other purposes. Staffrecommends approval. Synopsis: Approval of an Ordinance levying a franchise fee to be paid by all carriers providing local access telephone service. This franchise fee should remain in effect until otherwise amended by the Board of Directors. 5. ORDINANCE NO. 20,200: To amend in part Ordinance No. 11,366 to provide levying a franchise fee to be paid by Centerpoint Energy ARKLA; to provide for the payment thereof, and for other purposes. Staffrecommends approval. Synopsis: Approval of an Ordinance levying a franchise fee to be paid by CenterPoint Energy ARKLA. This franchise fee should remain in effect until otherwise amended by the Board of Directors. 6. ORDINANCE NO. 20,201: To fix and impose the aggregate amount of fees and charges to be paid to the City of Little Rock, Arkansas, by Entergy Corporation and the method of payment thereof, amend Section 9 of Ordinance No. 11,683; and for other purposes. Staffrecommends approval. Synopsis: Approval of an Ordinance levying a franchise fee to be paid by Entergy Corporation. This franchise fee should remain in effect until otherwise amended by the Board of Directors. 7. ORDINANCE NO. 20,202: To fix and impose the aggregate amount of fees and charges to be paid to the City of Little Rock, Arkansas, by all companies that provide interstate or intrastate long distance telecommunications service, and all business incidental to, or connected with, the conducting of such telephone business in the City of Little Rock, Arkansas, amend Section 3 or Ordinance No. 15,706; and for other purposes. Staffrecommends approval. Synopsis: Approval of an Ordinance levying a franchise fee for companies providing long distance telephone service in Little Rock for 2010. 8. ORDINANCE NO. 20,203: To amend Little Rock, Arkansas, Ordinance No. 19,567 (July 18, 2006) as to the use of City Rights -of -Way to provide IP -TV Services within the City of Little Rock, Arkansas; and for other purposes. Staffrecommends approval. Synopsis: This ordinance extends an existing agreement for 11P-TY (Internet video services) between the City and AT &T Arkansas for a period of three (3) years. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Wyrick, to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the 2 Little Rock Board of Directors Meeting December 15, 2009 6:00 PM ordinances were read a second time. Director Adcock made the motion, seconded by Director Wyrick, to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a third time. By unanimous voice vote of the Board Members present, the ordinances were approved. OTHER ITEM (Item 9) 9. ORDINANCE NO. 20,204: To provide for and to adopt the 2010 Budget for the City of Little Rock, Arkansas, for the period beginning January 1, 2010, and ending December 31, 2010; to appropriate resources and uses for every expenditure item and fund; to declare and emergency; and for other purposes. Staff recommends approval. Director Adcock made the motion, seconded by Director Richardson, to read the ordinance the first time. Director Adcock made the motion, seconded by Director Keck, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Keck, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time Mayor Stodola indicated that he had several cards from individuals that wanted to speak on the issue. It was the consensus of the Board that they would like to hear what the citizens had to say before they made their own comments. Greg Daniel, 13190 Congo /Ferndale Road, Alexander, Arkansas: Wanted to voice his opposition to the termination of the Plumbing Inspector and Electrical Inspector positions in the proposed 2010 Budget. Rusty Daniel, 7270 Davidwood Road: Wanted to voice his opposition to the termination of the Plumbing Inspector and Electrical Inspector positions in the proposed 2010 Budget. T.U. Daniel, 930 East Colonel Akers Road: Wanted to voice his opposition to the termination of the Plumbing Inspector and Electrical Inspector positions in the proposed 2010 Budget. Annie Abrams, 1925 Wolfe Street: Stated that she was the President of the Coalition of Little Rock Neighborhoods and that the Coalition recommended that the funds for recreation be cut in lieu of PIT Funding and that the funding to the Little Rock Regional Chamber of Commerce be eliminated. Nathan Muhammad, 4316 Ludwig Street: treet: Stated that he was an electrical contractor and wanted to voice his opposition to the termination of the Electrical Inspector position in the proposed 2010 Budget. Minnie Thompson, P.O. Box 4408: Stated that she was a licensed electrical contractor and she wanted to let Ron VanHooks speak on her behalf. 3 Little Rock Board of Directors Meeting December 15, 2009 6:00 PM Ron VanHooks, 4112 East Washington, North Little Rock, Arkansas: Wanted to voice his opposition to the termination of the Electrical Inspector position in the proposed 2010 Budget. Mark Baldwin, 120 Poinsetta Drive: Wanted to voice his opposition to the termination of the Plumbing Inspector and Electrical Inspector positions in the proposed 2010 Budget. Robert Walker, 3224 West Capitol Avenue: Thanked the CATA Board for utilizing reserve funds so that bus routes did not have to be cut. Dennis Burrow, 311 North Elm Street: Stated that the Coalition of Little Rock Neighborhoods felt that the distribution of budget information was not done in a timely manner. Keith Richardson, #10 Mystery: Gave an overview of services that New Futures for Youth had provided to the City over the past several years. Kathy Wells: Stated that she represented the Downtown Neighborhood Association and that they had voted to support the 2010 Budget; however, she offered several suggestions that the Association offered. Mark Morell, 16093 Highway 5, Benton, Arkansas: Stated that he was a electrical and HVAC contractor and wanted to voice his opposition to the termination of the Plumbing Inspector and Electrical Inspector positions in the proposed 2010 Budget. Mark Perry, 323 Center Street: Provided the Board with an overview regarding the work that New Futures for Youth was contractually obligated to perform for the City of Little Rock. Katherine Mitchell, 1605 Welch Street: Spoke on behalf of New Futures for Youth as a Board Member of that organization. Director Richardson asked City Manager Moore, how the decisions were made to cut funding to several of the outside agencies. City Manager Moore stated that as the process began for the development of the 2010 Budget, he felt that it was important to look at external funding first. City Manager Moore stated that the cultural institutions were paired down significantly several years earlier. With public safety being the number one priority of the Board, the funding of the jail was not reduced. City Manager Moore stated that funding to the Downtown Partnership was cut by $25,000 and the $35,000 funding for the Empowerment Zone was eliminated. Director Richardson asked what type of projections could be expected if Impact Fees were imposed. City Manager Moore stated that he would compile a report regarding possible projections should Impact Fees be imposed. Director Adcock asked City Manager Moore how terminated staff positions would be reinstated should funds become available. City Manager Moore stated that the current City Policy stated that if a position were created that was the same as the position that was terminated, then the employee that was laid -off would have up to eighteen (18) months to apply for the position and would have first right of refusal. Director Wright stated that she would like to see both of the Inspector Positions reinstated as soon as possible. Director Wright asked City Manager Moore the status of H Little Rock Board of Directors Meeting December 15, 2009 6:00 PM the Parks & Recreation Department assuming the operation of the West Central Sports Complex. City Manager Moore stated that the proposal was a major issue from a staffing standpoint and that if the Budget Amendment were passed at this meeting, the Parks & Recreation Budget would be reduced by over $700,000, and employees were being terminated. City Manager Moore stated that he did not have a report at this time. Director Wright stated that she wanted to assure the parents that the complex would stay open and that she was committing her full Board stipend to assist in the funding. Director Wyrick asked if increased building fees had been considered in reference to the Electrical and Plumbing Inspector positions. City Manager Moore stated that during the past two (2) years, staff had discussed the possibility of increasing fees; however, with the fragile nature of the economy, he felt that it was not the right time to increase building fees. Director Wyrick asked how the City compared with other municipalities in regards to permit costs. City Manager Moore stated that the City was fairly comparable with most of the other municipalities, and that North Little Rock followed the City's lead in increasing fees. Director Wyrick asked how the golf fees worked. City Manager Moore stated that with the current Parks Revenue Bond Issue, the first $1.2 million of Parks revenue was dedicated to paying the debt service on the bonds. Director Kumpuris called the question to vote on the Budget Ordinance. By voice vote of the Board of Directors present, the question to vote on the Budget Ordinance was called. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hendrix; Richardson; Hurst; Keck; Wyrick; Kumpuris; Adcock; and Vice Mayor Fortson. Nay: Wright. By a vote of 8 ayes, 1 nay, and 1 absent the ordinance was approved. By unanimous voice vote of the Board Members present, the emergency clause was passed. EXECUTIVE SESSION (Item 10) 10. RESOLUTION: Appointments to various City of Little Rock Boards and Commissions. Synopsis: Americans with Disabilities Act Citizen's Grievance Committee (1 Position); City Beautiful Commission (3 Positions); Civil Service Commission (1 Position); Community Housing Advisory Board (3 Positions); MacArthur Military Museum Commission (1 Position); Little Rock Municipal Airport Commission (1 Position); Little Rock Planning Commission (5 Positions); Little Rock Sanitary Sewer Committee (2 Positions); and Racial and Cultural Diversity Commission (1 Position). Director Hendrix made the motion, seconded by Director Kumpuris, to defer the appointments until January 5, 2010. By unanimous voice vote of the Board Members present, the appointments were deferred until January 5, 2010. 5 Little Rock Board of Directors Meeting December 15, 2009 6:00 PM CITIZEN'S COMMUNICATION There were no individuals present that wanted to address the Board during Citizen's Communication. Director Hendrix made the motion, seconded by Director Adcock, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. IN APPROVED: l Mark Stodola, Mayor