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HomeMy WebLinkAbout12-13-16 - Reconvened Meeting Little Rock Board of Directors Reconvened Meeting December 13,2016 4:00 PM Little Rock Board of Directors Reconvened Meeting December 13, 2016 4:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a reconvened meeting with Mayor Mark Stodola presiding. City Clerk Susan Langley called the roll with the following Directors present: Hendrix; Webb; Cazort; Wright; Wyrick; Kumpuris; Fortson; Adcock; Vice-Mayor Hines; and Mayor Stodola. Directors absent: Richardson. PRESENTATIONS City of Little Rock Employee Retirement Recognition Alan Bohannon, Finance Department Catholic High School —7A Boys Tennis State Championship Parker Stearns, Catholic High School —7A Boys Tennis Single Championship Henry Nolan & Steven Weeks, Catholic High School —7A Boys Tennis Doubles Championship Overall Doubles Championship ADDITIONS M-1. RESOLUTION: To authorize the City Manager to enter into a contract with J.A. Riggs, in an amount of$78,875.00, for the repair of a 1996 Caterpillar Compactor for the Public Works Department; and for other purposes. Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with J.A. Riggs for the repair of a 1996 Caterpillar Compactor for the Public Works Department. Director Adcock made the motion, seconded by Director Cazort, to add Item M-1 to the , Agenda. By unanimous voice vote of the Board Members present, Item M-1 was added to the Agenda. AGENDA M-1 RESOLUTION NO. 14,470: To authorize the City Manager to enter into a contract with J.A. Riggs, in an amount of $78,875.00, for the repair of a 1996 Caterpillar Compactor for the Public Works Department; and for other purposes. Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with J.A. Riggs for the repair of a 1996 Caterpillar Compactor for the Public Works Department. 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. 1 Little Rock Board of Directors Reconvened Meeting December 13,2016 4:00 PM GROUPED ITEMS (Items 1 —5) 1. ORDINANCE NO. 21,338: To amend Little Rock, Ark., Ordinance No. 11,366 (March 4, 1963) to provide for levying a Franchise Fee to be paid by CenterPoint Energy ARKLA; providing for the payment thereof; and for other purposes. (15t& 2nd Reading held on December 6,2016) Staff recommends 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. 2. ORDINANCE NO. 21,339: To fix and impose the aggregate amount of fees and charges to paid to the City of Little Rock, Arkansas, by Entergy Corporation and the method of payment thereof; amending Section 9 of Little Rock, Ark., Ordinance No. 11,683 (December 6, 1965); and for other purposes. (1st&2nd Reading held on December 6, 2016) Staff recommends 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. 3. ORDINANCE NO. 21,340: To levy Franchise Fees to be paid by all carriers providing local telephone access services; providing for payment thereof; and for other purposes. (15t&2nd Reading held on December 6, 2016) Staff recommends 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. 4. ORDINANCE NO. 21,341: To fix and impose the 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 Telecommunication Services, and all business incidental to, or connected with, the conducting of such telephone business in the City of Little Rock, Arkansas; amending Section 3 of Little Rock, Ark., Ordinance No. 15,706 (July 5, 1989); and for other purposes. (1st&2nd Reading held on December 6,2016) Staff recommends approval. Synopsis: Approval of an ordinance levying a Franchise Fee for companies providing Long Distance Telephone Service in Little Rock for 2016. 5. ORDINANCE NO. 21,342: To approve participation of the City of Little Rock, Arkansas, in an insurance pool administered by the Arkansas Municipal League for certain litigation costs, expenses and coverage; to dispense with the requirement of competitive selection; to declare an emergency; and for other purposes. (1St & 2nd Reading held on December 6, 2016) Staff recommends approval. Synopsis: Approval of sole-source ordinance to approve participation in an insurance pool administered by the Arkansas Municipal League for certain litigation costs,expenses and coverage. Director Cazort made the motion, seconded by Director Adcock, to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board Members present, the 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 5 was approved. 2 Little Rock Board of Directors Reconvened Meeting December 13,2016 4:00 PM SEPARATE ITEMS (Item 6) 6. ORDINANCE NO. 21,343: To provide for and to adopt the 2017 Budget for the City of Little Rock, Arkansas, for the period beginning January 1, 2017, and ending December 31, 2017; to appropriate resources and uses for every expenditure item and fund; to declare an emergency; and for other purposes. (1st & 2nd Reading held on December 6,2016) Staff recommends approval. Director Cazort made the motion, seconded by Vice-Mayor Hines, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the ordinance was read a third time. Jim Nickels: Stated that he represented the AFSCME Union and that they were working with City Manager Bruce Moore regarding the development of a Step and Grade Increase and felt that they were close to an agreement. City Manager Moore stated that they were working on a Step and Grade Increase based on the minimum of 1.5%, which was included in all three (3) Union contracts. City Manager Moore stated that before he was employed with the City there was a Step and Grade process in place. City Manager Moore stated that in order to implement the Step and Grade, there would be some sacrifice and not everyone would receive the same amount. Director Wright asked if all City Employees were at a Living Wage or Minimum Wage. Human Resources Department Director Stacey Witherell stated that currently the lowest rate within the AFSCME Employees for full-time employees was $10.43/Hour, with some part-time employees making $8.00/Hour. Ms. Witherell stated that as of January 1, 2017, those part-time employees would be making $8.50/Hour, which would be the new minimum wage. Ms. Witherell stated that currently there was not a Living Wage for full- time employees with benefits. Jenny Teeter: Stated that she was with Gill Ragon Owen Law Firm and they represented District Court Judges Fleming, Leverett and Lightle, and they were requesting that the Board include in the Budget, the Paid Time-Off (PTO) leave balances due to the incumbent District Court Judges. Judge Vic Fleming: Explained that what the Judges were asking for was payment for accrued time-off and short-term disability under Section 4 of the Personnel Manual. Judge Fleming stated that when he was hired, he was told that he would accrue PTO at the same rate as a Department Director and that when previous Judges had left, they were paid for the balance of their unused PTO. Judge Fleming stated that as of 2021, all District Court Judges within Arkansas would become State Employees, and as of January 1, 2017, the Little Rock District Court Judges would become State Employees. Judge Fleming stated that City Manager Moore had told them in November that the total amount of leave balances for all three (3) District Court Judges would be included in the 2016 Budget Adjustment. However, City Attorney Tom Carpenter issued a memorandum that stated because the District Court Judges were State Employees, if the payment was made to them for the balance of their PTO, it would be an illegal exaction of public funds. 3 Little Rock Board of Directors Reconvened Meeting December 13,2016 4:00 PM Director Fortson asked for an explanation from City Attorney Carpenter regarding the issue. City Attorney Carpenter stated that Article 12; Section 5 of the United States Constitution stated that Cities cannot give monies to individuals, and that's what it would be in that instance and would constitute an illegal exaction, which under Article 16; Section 13 was actionable and could lead to having to have the monies paid back. City Attorney Carpenter stated that since the passage of Amendment 80, the District Court Judges were exclusively under the Superintending Jurisdiction of the Arkansas Supreme Court. City Attorney Carpenter stated that the City of Little Rock's definition of a Regular Employee who could obtain benefits was as follows: Regular employment, although anticipated to be continuous, may be terminated by the City for reasons including, but not limited to financial cutback, reorganization and just cause. City Attorney Carpenter stated that the City could not terminate a District Court Judge, nor could they discipline a District Court Judge, or refuse to pay their salary, should they chose not to come to work. City Attorney Carpenter stated that the only option for the City was to follow Amendment 66, to determine if they were subject to disability or discipline by the State Commission, which was set-up by the Arkansas Constitution. By voice vote of the Board Members present, with Director Hendrix voting in opposition, the ordinance was approved. By voice vote of the Board Members present, with Director Hendrix voting in opposition, the emergency clause was approved. Director Cazort made the motion, seconded by Vice-Mayor Hines, to adjourn the reconvened meeting. By unanimous voice vote of the Board Members present, the reconvened meeting was adjourned. AT APPROVE : • k, # , . . . , ey, City Clerk Mark Stodola, Mayor 4