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11-15-11Little Rock Board of Directors Meeting November 15, 2011 6:00 PM Little Rock Board of Directors Meeting November 15, 2011 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with Mayor Mark Stodola presiding. City Clerk Susan Langley called the roll with the following Directors present: Hendrix; Hurst; Cazort; Hines; Wyrick; Fortson; Adcock; Vice Mayor Kumpuris (enrolled at 6:10 PM); and Mayor Stodola. Directors Richardson and Wright were absent. Director Hines delivered the invocation, which was followed by the Pledge of Allegiance. ADDITIONS: M -1 PRESENTATION: City of Little Rock Retirement Recognition — Britt Thompson, Little Rock Zoo M -2 RESOLUTION: Of intent of the Board of Directors of the City of Little Rock, Arkansas, regarding the issuance of bonds for the purpose of assisting in the financing of replacement machinery and equipment to be located at the manufacturing facility owned and operated by Cameron International Corporation within the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. M -3 RESOLUTION: To appoint the Rose Law Firm as legal counsel to assist with the issuance of Four Million, Six Hundred Thousand Dollars in Short -Term Financing Notes; and for other purposes. Staff recommends approval. Director Adcock asked why the City Attorney's Office could not provide the legal counsel for assistance with the issuance of the short -term financing notes. City Attorney Tom Carpenter stated that neither he, nor any of his staff, had the requisite background in Federal or State taxation. Director Cazort made the motion, seconded by Director Hines, to add Item M -1 to Presentations and to add Items M -2 and M -3 to the Consent Agenda. By unanimous voice vote of the Board Members present, Item M -1 was added to Presentations and Items M -2 and M -3 were added to the Consent Agenda. PRESENTATIONS Government Finance Officers Association Distinguished Budget Presentation Award Little Rock Citizen's Academy Graduation City of Little Rock Retirement Recognition Britt Thompson, Little Rock Zoo Better Together Presentation — Charles Stewart & Ruth Shepherd Ms. Shepherd stated that she, along with Charles Stewart, was the co -chair of the Better Together Community Task Force and that the Task Force was asking the Board to repeal the September 30, 1957, Declaration made by the Little Rock City Council to Little Rock Board of Directors Meeting November 15, 2011 6:00 PM support the actions of Governor Orval E. Faubus in ordering into service the Arkansas National Guard to prevent the integration of Little Rock Central High School. Mr. Stewart stated that the purpose of the Better Together Community Task Force was put forth as a consensus community strategy grounded in the underlying purpose of achieving sustainable prosperity for Pulaski County and served as a blue print for building the community's future. Mr. Stewart thanked the Board for their consideration and leadership in making the Little Rock metro area better for all citizens. Mayor Stodola stated that the item would be placed on the December 6, 2011, Board Agenda. CONSENT AGENDA (Items 2 — 4, Items 6 - 7 and Items M -2 & M -3) In regards to Item 4, Director Adcock asked if consideration was given to the fact that First Security Bank had-no branches in Southwest Little Rock. City Attorney Carpenter stated that Director Fortson had an interest in the item and therefore, could not be present when the matter was discussed. Director Fortson left the Board Chambers for the purpose of discussion on Item 4. Director Adcock stated that many City Employees that were stationed in Southwest Little Rock did not have bank accounts and utilized the bank that City paychecks were issued from to cash their checks. City Manager Bruce Moore stated that one of the requirements of the bid was that banks have at least four (4) branches located within the City. City Manager Moore stated that they had never looked at the branches being located geographically and would have the discussion with First Security Bank. Director Fortson returned to the Board Chambers following the discussion. Director Hurst stated that she supported Item 1; however, she thought that in the future it would be wise to move the service around to other audit firms. City Manager Moore stated that the firm was selected through a Request for Qualification (RFQ) process. Director Hurst asked that Item 1 be read separately. Mayor Stodola stated that he had received cards from two (2) individuals wanting to speak against Item 5 and asked that the item be read separately. Director Fortson stated that he would be recusing from voting on Item 4 due to the fact that he served on the Board for First Security Bank. 2. RESOLUTION NO. 13,398: To require the 2011 Audit 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: The resolution requires that the 2011 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 Little Rock Board of Directors Meeting November 15, 2011 6:00 PM 3. RESOLUTION NO. 13,399; Z- 5817 -E: To set December 6, 2011, as the date of hearing on the petition to rescind the denial of a request to approve a Planned Office District titled Magnolia Terrace Addition Short -Form POD, located at 15100 and 15120 Cantrell Road, Little Rock, Arkansas, and for other purposes. Planning Commission: 1 aye; 8 nays; and 2 absent. Staff recommends denial. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of a rezoning from R -2, Single - Family, to POD to allow for the development of the site with four (4) lots containing office and retail uses. 4. RESOLUTION NO. 13,400: To award the Banking Services Contract for 2012 and 2013 to First Security Bank; and for other purposes. Staff recommends approval. Synopsis: The resolution awards the Banking Services Contract to First Security Bank for calendar years 2012 and 2013 with the option to extend through December 31, 2015. 6. RESOLUTION NO. 13,402: To accept title to property donated to the City of Little Rock by warranty deed to be used for neighborhood revitalization programs; and for other purposes. Staff recommends approval. Synopsis: In an effort to increase the number of properties held by the Land Bank and maximize the City's revitalization efforts, staff would like to accept the donation of the property located at 3911 West 11th Street, Little Rock, Arkansas, 72204. Property Details: The parcel is a 5,980 square -foot lot with no structure. 7. RESOLUTION NO. 13,403: To accept title to property donated to the City of Little Rock by warranty deed to be used for neighborhood revitalization programs; and for other purposes. Staff recommends approval. Synopsis: In an effort to increase the number of properties held by the Land Bank and maximize the City's revitalization efforts, staff would like to accept the donation of the property located at 1105 South Valmar Street, Little Rock, Arkansas, 72204. Property Details: The parcel is a 6,300 square - foot lot with no structure. M -2 RESOLUTION NO. 13,404: Of intent of the Board of Directors of the City of Little Rock, Arkansas, regarding the issuance of bonds for the purpose of assisting in the financing of replacement machinery and equipment to be located at the manufacturing facility owned and operated by Cameron International Corporation within the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. M -3 RESOLUTION NO. 13,405: To appoint the Rose Law Firm as legal counsel to assist with the issuance of Four Million, Six Hundred Thousand Dollars in Short -Term Financing Notes; and for other purposes. Staff recommends approval. Director Adcock made the motion, seconded by Director Cazort, to approve the Consent Agenda. By voice vote of the Board Members present, with Director Fortson recusing on Item 4, the Consent Agenda was approved. 1. RESOLUTION NO. 13,397: To authorize the City Manager to appoint BKD, LLP, to provide certified public accounting services to the City of Little Rock, Arkansas, for the period 2011 — 2015; and for other purposes. Staff recommends approval. Synopsis: Adoption of a resolution appointing BKD, LLP, to provide certified public accounting services to the City for 2011 with annual contract renewals from 2012 — 2015. Director Cazort made the motion, seconded by Director Fortson, to approve the resolution. By roll call vote, the vote was as follows: Ayes: Hendrix; Cazort; Hines; Wyrick; Fortson; and Vice Mayor Kumpuris. Nays: Hurst and Adcock. Absent: N Little Rock Board of Directors Meeting November 15, 2011 6:00 PM Richardson and Wright. By a vote of six (6) ayes, two (2) nays and two (2) absent, the resolution was approved. 5. RESOLUTION NO. 13.401: To renew 112 Taxicab Operator Permits for Greater Little Rock Transportation Service, LLC, for the period from January 1, 2012, to December 31, 2012; and for other purposes. Staff recommends approval. Synopsis: A resolution authorizing the approval of one (1) operator permit and 112 taxicab permits for Greater Little Rock Transportation for 2012. Tony Walker, 9703 Lanehart Road: Stated that he was the owner of a taxicab service and asked the Board for permit to operate his taxi service. Rose Walker. 9703 Lanehart Road: Stated that she did not wish to address the Board; she was present to support her husband. Director Cazort stated that the granting of permits was not exclusive and that anyone desiring to obtain a taxicab permit could do so; provided they complete the process. City Manager Moore stated that Fleet Services Staff had met with Mr. Walker to explain the process of obtaining a taxicab permit. Director Adcock made the motion, seconded by Director Cazort, to approve the resolution. By unanimous voice vote of the Board Members present, the resolution was approved. GROUPED ITEMS (Items 8 -10) 8. ORDINANCE NO. 20,501: To establish the rate of taxation of property for the City of Little Rock to be collected in the year 2012 for various funds of the City of Little Rock, Arkansas; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: Adoption of an ordinance levying property taxes to be paid on real and personal property located within the City of Little Rock. 9. ORDINANCE NO. 20,502: To dispense with competitive bids and to allow the City Manager to purchase Taser X2 non - lethal weapons to be used by the Little Rock Police Department; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: The Little Rock Police Department is requesting approval to purchase seventy -three (73) Taser X2 non - lethal devices with camera to replace worn, outdated units and to contract with Teeco Safety, Inc., for additional units in the future. 10. ORDINANCE NO. 20,503: To condemn certain structures in the City of Little Rock as structural, fire and health hazards; to provide for summary abatement procedures; to direct the City Attorney to take such action as is necessary to raze and remove said structures; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: Four (4) residential structures in dilapidated and /or burned condition causing a negative impact on the residential neighborhoods in which they are located. The ordinances were read a first time. Director Adcock made the motion, seconded by Director Cazort, 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 ordinances were read a second time. Director Adcock made the motion, seconded by Director Cazort, 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 0 Little Rock Board of Directors Meeting November 15, 2011 6:00 PM ordinances were read a third time. By unanimous voice vote of the Board Members present, the ordinances were approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 8 was approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 9 was approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 10 was approved. SEPARATE ITEMS (Item 11 -12) 11. ORDINANCE NO. 20,504: To amend Little Rock, Ark., Ordinance No. 20,376 (December 14, 2010), to adjust the Fiscal Year 2011 Budget Ordinance to reflect revenue and expenditure adjustments for the General Fund, Street Fund, Fleet Fund, Waste Disposal Fund, Zoo and Fitness Center; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: Thirteen (13) adjustments need to be made to the 2011 Budget to adjust for changes in anticipated revenues and expenditures. The ordinance was read a first time. Director Adcock made the motion, seconded by Director Cazort, 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 Cazort, 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. By unanimous voice vote of the Board Members present, the ordinance was approved. By unanimous voice vote of the Board Members present, the emergency clause was approved. 12. ORDINANCE NO. 20,505: To authorize the issuance of a promissory note to provide short-term financing under Amendment No. 78 to the Arkansas Constitution for the acquisition and installation of real and tangible personal property; providing for the payment of the principal of and interest on the note; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: The Little Rock Fire Department, Public Works and Waste Disposal Departments have an urgent need for vehicles and equipment. The ordinance was read a first time. Director Cazort made the motion, seconded by Director Hurst, to suspend the rules and place the ordinance on second reading. By voice vote of the Board Members present, with Director Adcock voting in opposition, there were not enough votes to suspend the rules to place the ordinance on second reading. Mayor Stodola explained because this was a procedural issue, he was not allowed to vote and that eight (8) votes were required to suspend the rules and move an ordinance to a second, or third, reading. Director Hurst asked if there were any time constraints for any of the purchases listed in the proposed short-term financing note. City Manager Moore stated that the fire apparatus was being ordered off a State Contract and that the necessary documentation needed to be in place to be ordered by December 6, 2011. 5 Little Rock Board of Directors Meeting November 15, 2011 6:00 PM Director Cazort made the motion, seconded by Director Adcock, to recess the meeting for ten (10) minutes. By unanimous voice vote of the Board of Directors, the meeting was recessed for ten (10) minutes. City Manager Moore stated that due to time constraints, several of the purchases needed to be made before December 6, 2011. City Manager Moore asked Little Rock Fire Chief Greg Summers to provide an update regarding the fire apparatus that was being ordered and Public Works Department Assistant Director Ronny Loe to provide an overview regarding trucks that needed to be ordered for the Public Works Department. Chief Summers reported that the Little Rock Fire Department needed to replace three (3) apparatus. Chief Summers stated that the Department had a 1976 aerial truck that was in reserve and only utilized for transport due to the fact that the ladder was so unstable. In addition, Chief Summers stated that the Department had a 1987 and 1988 engine that needed to be retired, as well. Chief Summers stated that once the apparatus was ordered, there was a ten (10) -month window for the units to be built and delivered. In addition, Chief Summers stated that if the apparatus were not ordered off the State Contract by December 6, 2011, there would be a 3% increase in the total price, which would be approximately $48,000. Mr. Loe reported the age of trucks was a critical issue for the Public Works Solid Waste Division and that on any given day, ten (10) to twelve (12) trucks were out of service due to the need for repairs and maintenance. Mr. Loe stated that the grinder at the compost facility had passed its useful life by several years and was down more than it was able to be used. Mr. Loe stated that all the yard waste that was collected was processed through the grinder. Director Adcock stated that she would like to change her pervious vote to aye to suspend the rules and place the ordinance on second reading. Director Adcock made the motion, seconded by Director Hendrix, 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 Cazort, 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. By unanimous voice vote of the Board Members present, the ordinance was approved. By unanimous voice vote of the Board Members present, the emergency clause was approved. CITIZEN'S COMMUNICATION The following individuals spoke on issues that were not included on the agenda. Noel Washington, 1305 Cleveland Street: Reminder Barbara Jones: Two or More Questions Luke Skrable, 9602 Woodford Drive: Stop Civil Rights Abuse at Little Rock City Hall rel Little Rock Board of Directors Meeting November 15, 2011 6:00 PM Director Cazort stated that a resolution had been passed at a previous meeting that set a public hearing for December 6, 2011, to rescind the denial of a request to amend the PCD titled Pleasant Ridge Town Center. Director Cazort stated that he would be out of town on December 6, 2011, and that since the property was located in his Ward, he would like to be present for the discussion. Director Cazort made the motion, seconded by Director Kumpuris, to amend the previous resolution and recess the December 6, 2011, Board Meeting until December 13, 2011, to hold the public hearing. By unanimous voice vote of the Board Members present, the motion was approved. Director Cazort made the motion, seconded by Director Fortson, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. 7 APPROVED: Mark Stodola, Mayor