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HomeMy WebLinkAbout05-05-09Little Rock Board of Directors Meeting May 5, 2009 6:00 PM Little Rock Board of Directors Meeting May 5, 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. City Clerk Nancy Wood called the roll with the following Directors present: Hendrix; Richardson; Hurst; Adcock; Cazort; Wyrick; Wright; Kumpuris; Keck; and Mayor Stodola. Vice Mayor Fortson was absent. Director Adcock delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS City of Little Rock Retirement Recognition - Little Rock Fire Department Assistant Chief J.T. Cantrell: City Manager Moore presented Assistant Chief Cantrell with a medallion in recognition of his thirty -five (35) years of service. Kanis Park Partnership — Johnny Johnson: Mr. Johnson expressed his appreciation to the City of Little Rock for the partnership with the Little Rock School District in the development of a location for several of the high school baseball teams to play. Central Arkansas Corvette Club Weekend — Carol Dolan: Ms. Dolan introduced David Gulley, President of the Central Arkansas Corvette Club, who gave an overview of the Corvette Club Weekend. MODIFICATIONS The following items were deferred from the agenda: 8. ORDINANCE; MSP2008: Approving a Master Street Plan for the Little Rock Planning Area and related matters, repealing Ordinance No. 19,152; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Deferred at staff's request until June 2, 2009. Synopsis: A new draft of the Master Street Plan to update the document as a whole to ensure the plan is current. 11. PUBLIC HEARING & ORDINANCE: Providing for the issuance and sale of Capital Improvement Construction and Refunding Revenue Bonds for the purpose of funding the acquisition, construction and equipping of Zoo, Park and recreational improvements in the City of Little Rock, Arkansas; for the purpose of refunding outstanding Capital Improvement Revenue Bonds (Parks and Recreation Projects) Series 1998A; pledging revenues sufficient to pay the principal of and interest on the bonds; authorizing the execution and delivery of a Supplemental Trust Indenture; authorizing the accomplishment of the Zoo, Parks and Recreation projects; approving an Official Statement; prescribing other matters relating thereto; and declaring an emergency. Deferred at staff's request Little Rock Board of Directors Meeting May 5, 2009 6:00 PM Director Cazort asked if a date certain had been set for the public hearing. Mayor Stodola stated that a date certain had not been set; however, it should be within the next thirty (30) days. Director Keck made the motion, seconded by Director Richardson, to defer Items 8 and 11. By unanimous voice vote of the Board Members present, the motion passed. CONSENT AGENDA (Items 1— 2) 1. MOTION; Z- 1703 -A: To set the date of public hearing for May 19, 2009, on an appeal of the Planning Commission's denial of a Conditional Use Permit to allow retail sales and a special event center in the existing building on the I -2 and C -4 zoned property located at 3224 Mabelvale Pike. Planning Commission: 0 ayes, 8 nays, 2 absent, I abstention. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's denial of a Conditional Use Permit to allow retail sales and a special event center in the existing building on the I -2 and C -4 zoned property located at 3224 Mabelvale Pike. 2. RESOLUTION NO. 12,971: Authorizing the Mayor to enter into an agreement with the agencies of the Pulaski Area Geographic Information System (PAgis), adding the City of Jacksonville to this continuing joint effort; and for other purposes. Staff recommends approval. Director Adcock made the motion, seconded by Director Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. CITIZEN'S COMMUNICATION Shawn Porch: Voiced his concerns regarding the possible placement of a Homeless Day Resource Center at the old Job Corp Building, which is located in Ward One. Carol Tabron President of the Pettaway Neighborhood Association: Expressed the concerns from the Pettaway Neighborhood Association regarding the proposed Homeless Day Resource Center. Carrie Young: Expressed her concern that none of the members of the Pettaway Neighborhood Association were not on the Mayor's Taskforce on Homelessness. She requested that the Mayor and Board Members come and visit with the Pettaway Neighborhood regarding the proposed Homeless Day Resource Center. Ken Gould: Voiced his support for the Arkansas River Trail and stated that the east loop of the trail needed to be completed. Dr. Rob Lambert: Stated that it was time for the City and the Clinton Foundation to make the Rock Island Bridge open to pedestrians and bicyclists. 2 Little Rock Board of Directors Meeting May 5, 2009 6:00 PM Bert Parker: Stated that he worked for Garver and Garver Engineering Firm and that they had built their new headquarters down near the River Trail. Mr. Parker stated that in order to promote fitness and wellbeing among their employees, the new headquarters included a bicycle storage area and showers for those individuals that wanted to bike to work or to utilize the trail during lunch. Jess Askew, III: Stated that the Request for Proposal (RFP) in 2001 had five (5) elements: bridge; archives; library; Choctaw Station and the improvements to the grounds. Mr. Askew stated that four (4) of the elements were put into a lease, which resulted in the $15 million swap of land to the Clinton Presidential Foundation. Mr. Askew stated that eight (8) years later there is still no agreement for the bridge. Bruce Thalheimer: Mr. Thalheimer, owner of the Chainwheel Bicycle Shop, stated that he had many customers from out of town that were very impressed with the Big Dam Bridge and that he would like to see the Rock Island Bridge completed to bring more visitors to the area. French Hill: Stated that the commitment made by the Clinton Foundation to renovate the Rock Island Railroad Bridge needs to be honored. Mr. Hill stated the Arkansas River Trail is the single most integrated location within the City of Little Rock, in terms of all its diversity. Gene Pfeifer: Stated that the Clinton Foundation had built a beautiful library that had been an economic boost to the downtown area and the Clinton School of Public Service continued to bring distinguished speakers into the community. Mr. Pfeifer stated that for seven (7) years the citizens have heard promises that the bridge would be completed; however, nothing has been completed. Bill Cobb: Stated in the original RFP, it was indicated that the construction on the bridge would begin in the fourth quarter of 2001; with an expected completion date of 2004. Mr. Cobb stated that the completion of the bridge renovation would be a huge benefit to the City of Little Rock and Central Arkansas. Pat Gee Southwest Revitalization Project Chair: Wanted to publicly thank City Staff for their assistance with the Southwest Little Rock Clean -Up Project, which occurred in April. GROUPED ITEMS (Items 3 — 6) 3. ORDINANCE NO. 20,101; A -318: Accepting the Independence Farms North Annexation, adding certain lands to the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The annexation of some 3.23 acres to the City of Little Rock, Arkansas, north of Kanis Road between Rahling Road and Chenal Parkway at 17424 Kanis Road. 4. ORDINANCE NO. 20,102: Amending Chapter 36. Section 36- 203(g) of the Code of Ordinances of the City of Little Rock, Arkansas, to extend the Sunset Provision an additional five (5) years to July 19, 2014, for portable classroom buildings used by the Little Rock School District; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. 3 Little Rock Board of Directors Meeting May 5, 2009 6:00 PM Synopsis: The Little Rock School District is requesting approval of an amendment to the Zoning Ordinance that will extend the Sunset Provision for portable classroom buildings an additional five (5) years, through July 19, 2014. 5. ORDINANCE; Z -8443: Reclassifying property located at 6104 Nova Lane from R -2 to C -3. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The owner of the 0.23 acre property located at 6104 Nova Lane is requesting that the zoning be reclassified from R -2 to C -3. 6. ORDINANCE NO. 20,103: To dispense with the requirement of competitive bidding and authorize the City Manager to enter into a contract with F1eet.Safety Equipment Inc., for the purchase of police mobile data computer and digital video systems; and for other purposes. Staffrecommends approval. Synopsis: The Little Rock Police Department is requesting approval to award a Sole Source contract to Fleet Safety Equipment, Inc., for the Purchase of thirty -five (35) new Police Mobile Data Computer & Digital Video System. The ordinances were read the first time. Director Adcock made a 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 the second time. Director Adcock made a motion, seconded by Director Keck, 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 the third time. By unanimous voice vote of the Board Members present, the ordinances were approved. SEPARATE ITEMS (Items 7 and 9) 7. ORDINANCE: To establish a goal of proportionate minority participation on City Boards and Commissions; and for other purposes. Staff recommends approval. Director Keck stated that it was his understanding that after the meeting from last week, there was some discussion regarding possible amendments that were to be made to the previously circulated draft of the ordinance. Director Keck asked if the amendments had been incorporated into the copy of the ordinance that the Board Members had received for the meeting. City Attorney Carpenter stated that this was the last draft of the ordinance. The ordinance was read the first time. Director Richardson made a 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 the second time. Director Richardson made a motion, seconded by Director Cazort, to suspend the rules and place the ordinance on third reading. Director Keck asked the City Attorney why this being presented as an ordinance instead of a resolution. City Attorney stated that Director Hendrix had asked that it be an 11 Little Rock Board of Directors Meeting May 5, 2009 6:00 PM ordinance. Director Adcock stated that she had been on the Board for seventeen (17) years; participating in many Executive Sessions to appoint Boards and Commissions and she felt like the Board had always been very conscious of encouraging minority participation. Director Hendrix stated that she felt that a resolution was just a piece of paper with writing on it; as opposed to an ordinance, which was a command. Director Cazort stated that had read through the ordinance and he didn't think that it required the Board to do anything they weren't already doing. Director Cazort stated that the language in the ordinance states that the Board will make every effort to appoint minorities. Director Cazort stated that the term `every effort' is a very vague and loose term and if not defined, it's not much of a command. Director Keck asked if there would be a legal issue if the City asked individuals making application to Board and Commissions to provide their race. City Attorney Carpenter stated no. Director Wright stated that she didn't feel that the ordinance was necessary or needed; however, she did not see what it could hurt, other than the ramifications that could occur if the goal was not met. Director Richardson stated that even if the ordinance was symbolic at best, he thought it would make a statement to those individuals that are not privy to the unwritten policy of the Board regarding the appointment of minorities to the City's Boards and Commissions. Director Wyrick stated that when she thought of the term minority, she also thought of females, which was not mentioned in the ordinance. Director Wyrick stated that she would like to see the term "females" included along with the African - American and Hispanic populations. Director Richardson stated that the addition of the term "females" would be a welcome addition, in addition to the terms, "Asians" and "Pacific Islanders." Director Richardson stated that he felt the ordinance was defining the community as African- American, Caucasian and Hispanic, and that the Board needed to be more mindful to the fact that the community was made up of more than just those three (3) categories. City Attorney Carpenter stated that the three (3) classifications utilized were selected due to the fact that the last Census data showed that those three (3) classifications were statistically significant, at least for employment purposes. City Attorney Carpenter stated that as far as the gender situation; females outnumber males within the City of Little Rock between 49% - 51 %, what was not known was the percentage of females of voting age within the various classifications. Director Wright asked that if in the interest of time, could the question could be called. Mayor Stodola indicated that he cards from four (4) individuals that wanted to speak on the issues. Mayor Stodola asked for a vote on calling the question. By voice vote of the Board Members present the vote was a follows: 0 Ayes; 9 Nays. Mayor Stodola stated that he applauded the goals of the ordinance; however, the Board needed to recognize that there were some circumstances where individuals served by virtue of Ward representation, organizational representation, and by professional representation and that would substantially complicate the ability to meet those 5 Little Rock Board of Directors Meeting May 5, 2009 6:00 PM designations based on who applies. Director Richardson asked that City Manager Moore weigh in on the issue and give the Board his thoughts. City Manager Moore stated that he had participated in Executive Sessions for the past seven (7) years and that he agreed that it had been the utmost importance of the Board over that time that the makeup of the Boards and Commissions to reflect the makeup of the City. Director Hurst asked if there would every be an instance of possible litigation related to the language, "every effort to promote." City Attorney Carpenter stated that the language, "every effort to promote" basically stated that the Board would make every effort that could reasonably be made to try to develop the goal of proportionate minority participation on City Boards and Commissions. City Attorney Carpenter stated that there was no constitutional requirement in terms of Boards and Commissions service. Director Kumpuris asked the Mayor if the ordinance passed what would be his number one criteria for appointments. Mayor Stodola stated that if the ordinance passed, he would direct the City Clerk to make a baseline regarding race and gender for each of the Boards and Commissions. In addition, as the appointments come up, the Mayor and Board would be placing changes into the applications to ensure that the race and gender of each applicant was understood. Mayor Stodola stated that he would make every effort to meet the ratios that are mandated in the ordinance. Director Kumpuris asked would the first criteria be race. Mayor Stodola stated that it certainly would be until the percentages were met. Director Kumpuris stated that he felt that the City was getting dangerously close to a disservice to the citizens of Little Rock, whatever their race or gender, in that the Board would start looking for individuals to serve on the Boards and Commissions based on their race; not their qualifications. Director Keck stated that he thought that it was appropriate to talk about race and gender in the makeup of the Boards and Commissions; however, he also thought it was appropriate to talk about age. Director Keck stated that there were a number of young professionals that have repeatedly applied for Boards and Commissions and have never received appointment. Director Keck asked that Director Hendrix withdraw her ordinance so that the Board could continue with the discussion in determining the best way to meet the goal of proportionate minority participation on City Boards and Commissions. Director Hendrix stated that she would not withdraw the ordinance. Director Wright asked if the goal of proportionate minority participation was not achieved, would it hinder the Boards and Commissions from functioning and would the positions stay vacant. City Attorney Carpenter stated that there was no wording in the ordinance that would cease any of the Boards and Commissions from functioning. City Attorney Carpenter stated if there were no minority applicants for a position or the goal could not be met, the position could still be filled. Cheryl Warden, 2723 Chester Street: Wanted to thank the City for giving her the opportunity to participate in the Board Meetings and with the Citizen's Academy. 0 Little Rock Board of Directors Meeting May 5, 2009 6:00 PM Dennis Burrow: Thought that the ordinance would ensure the increase of minority participation in the City's Boards and Commissions. Wesley Hunt: Stated that as a Commissioner of the Racial and Cultural Diversity Commission he enthusiastically supported that passing of this ordinance. Mr. Hunt stated that the only mandate in the ordinance was the placement of accountability on the Racial and Cultural Diversity Commission to implement efforts to increase the applicant pool for Boards and Commissions, and without increasing the applicant pool, there was no way to achieve the goal of proportionate minority participation. Annie Abrams, 1925 Wolfe Street: Commended Director Hendrix for bringing this ordinance to the Board for consideration. Director Hendrix made the motion, seconded by Director Wright, to call the question to vote on the ordinance. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hendrix and Wright. Nays: Adcock; Richardson; Hurst; Cazort; Keck Wyrick; and Kumpuris. Absent: Vice Mayor Fortson. By a vote of 2 ayes and 7 nays; the motion to call the question to vote on the ordinance failed. Mayor Stodola asked if any of the Board Members had a comment that they would like to make regarding any of the dialogue that had taken place. Director Kumpuris stated that this was a significant issue and that he felt the Board had unanimously strived for since he had served on the Board. Director Kumpuris stated that he would like to see the issue tabled for two (2) weeks and have the Racial and Cultural Diversity Commission develop a plan on increasing the pool of applicants. Director Keck made the motion, seconded by Director Adcock, to table the issue until the first meeting in June and that in the interim the Board work with the City Manager, City Attorney and Racial and Cultural Diversity Commission to develop language that would incorporate many of the issues discussed at the meeting. By voice vote of the Board Members present, the ordinance was tabled until the first meeting in June. 9. ORDINANCE NO. 20,104; Z -8444: Reclassifying property located east of Arch Street Pike, South of Interstate 30 from R -2 to M. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The owner of the 44.128 acres of undeveloped property located east of Arch Street Pike, south of Interstate 30, is requesting that the zoning be reclassified from R -2 to M. The ordinance was read the first time. Director Hurst made a 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 the second time. Director Richardson made a motion, seconded by Director Cazort, to suspend the rules and place the ordinance on third reading. The Mayor stated that he had several cards for individuals that wanted to voice their disapproval of the ordinance. Dana Carney, Planning and Development Zoning and Subdivision Manager, gave a brief overview of the proposed change, stating that the property was shown as mining the City's adopted Land Use Plan, and was adjacent to the 7 Little Rock Board of Directors Meeting May 5, 2009 6:00 PM mining property on the west and south. Director Adcock asked if the property was adjacent at any point to Fourche Creek, and if so would the applicant be agreeable to zoning that part of the property as 0-3. Mr. Carney stated that no portion of the property was adjacent to Fourche Creek. Director Adcock asked City Attorney Carpenter if the Board could ask the applicant to zone the property 0-3 instead of M -1; City Attorney Carpenter stated no. Director Hendrix asked was the property located to residential homes. Mr. Carney indicated that staff had utilized GIS and from the property, the closest residences to the east would be on 38th Street; approximately a mile from the property. Director Hendrix asked what type of trauma would be placed on those residents living a mile away from the property. Mr. Carney stated that he could not answer that question. The applicant, Haskell Dickenson, President of McGeorge Contracting Company, stated there would be no damage at all to any of the residences from blasting a mile away. Jackie Randall; 36 Whitmore Circle: Expressed her concern regarding the damage that the mining will do to the homes of the residents in the Whitmore Circle area, some of who have lived in the area for over fifty (50) years. Estella Hayes; 19 Avon Place: Stated that she felt that the blasting from the existing mine was damaging her home and that her son had experienced sinus problems, which she attributed to the dust in the air from the mines. Stephany Fields President of the Granite Mountain Neighborhood Association; East 38th Street: Ms. Fields stated that she grew up in the area and as a young child; she felt the tremors from the mining. Ms. Fields stated that her home had experience structural damage as a result of the mining. Mary Alford; 3024 Center Street: Stated that several years ago, she had $25,000 worth of repair work completed in her house as a result of cracks in the walls, which she attributed to the blasting. Mayor Stodola asked why none of the residents voiced their opinion at a previous Board Meeting where there was a rezoning application for mining on the agenda. Director Hendrix stated that the neighborhoods were not notified. Mr., Carney reported that the zoning application was filed on February 23, 2009, and notices to the various neighborhood associations were sent out on February 25, 2009. According to Mr. Carney, notices were sent to the Southend Neighborhood Association, Southwest Little Rock United for Progress, Upper Baseline Neighborhood Association, and at the Board's request, a notice was sent to the Granite Mountain Neighborhood Association. Mr. Carney stated that it was just brought to his attention that the contact information that the City has for the Southend Neighborhood Association was incorrect. Mayor Stodola stated that it was important for the neighborhood associations to provide updated information to the City regarding a change in contact information. Director Wyrick asked how far Interstate 530 was from the property in question. Mr. Carney estimated that the distance from the edge of the property to Interstate 530 was approximately 200 — 300 feet. Director Wyrick stated that one of the Interstate 530 N Little Rock Board of Directors Meeting May 5, 2009 6:00 PM overpasses crossed over the railroad tracks and asked if the Arkansas Highway and Transportation Department (AHTD) was notified regarding the proposed zoning change. Mr. Carney stated that if AHTD ownership was depicted on the abstract map, they would have received notification; however, he did not have the map with him at that point in time. Director Kumpuris stated that all the blasting was occurring on the south side of Interstate 30 and most of the residents that had spoken live north of the Interstate. Director Kumpuris stated that if damage was occurring to those homes, then it would be damaging the Interstate that runs between the blasting sites and the neighborhoods. In addition, Director Kumpuris stated that several of years ago, in an effort to determine if the blasting was damaging any of the homes, the City asked the Granite Mountain Neighborhood Association to participate in an independent study. The Missouri School of Mining was brought in as an independent observer and studied the records from all the parties involved; and their opinion was that the blasting was not causing damage to the neighborhoods. Mr. Dickinson stated that they had been mining next to the Interstate highway since it was constructed and had never received a complaint from AHTD. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read the third time. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hurst; Cazort; Keck; Wright; Kumpuris; and Mayor Stodola. Nays: Adcock; Hendrix; Richardson; and Wyrick. Absent: Vice Mayor Fortson. By a vote of 6 ayes and 4 nays; the ordinance was approved. PUBLIC HEARING (Item 10) 10. PUBLIC HEARING & ORDINANCE NO. 20,105; G- 24 -23: To abandon certain sanitary easements located within Lots 1 -4, Block 7, Thalheimer's Subdivision of Block 7, Glendale Addition, located at 4400 West Markham Street. Staff recommends approval. Synopsis: The owners of the subject properties are requesting abandonment of specifically described sanitary sewer easements located within the properties. The abandonment is not to become effective until the existing sewer facilities have been relocated and new easements are dedicated. Mayor Stodola opened the public hearing and asked if there was anyone present that desired to speak to the issue. None being present, Mayor Stodola closed the public hearing. The ordinance was read the first time. Director Adcock made a 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 the second time. Director Adcock made a 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 the third time. By voice vote of the Board Members present, the ordinance was approved. E Little Rock Board of Directors Meeting May 5, 2009 6:00 PM OTHER BUSINESS (Items 12 —13) Mayor Stodola requested that the Board deal with Item 13 first. 13. ORDINANCE NO. 20,106: To amend Little Rock, Arkansas, Revised Code §28 -1 to §28 -32 (1988) to add a new Section §28 -20a to regulate the disposal of drill cuttings originating from drilling operations that use oil based drilling fluids; to declare an emergency; and for other purposes. staffrecommends approval. The ordinance was read the first time. Director Keck made a motion, seconded by Director Richardson, 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 the second time. Director Adcock made a 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 the third time. Mayor Stodola asked Steve Fallon, BFI Landfill Manager, to provide an update regarding actions that BFI had taken since the September 28, 2009, Board Meeting. Mr. Fallon stated that over the past three (3) weeks, BFI had spent tens of thousands of dollars in an attempt to address the odor issue at the landfill. Mr. Fallon stated that they had reduced the exposed area on top of the landfill by 90% and had reduced the intake of the drill cuttings. On April 29, 2009, test shipments were conducted with the eco- absorb gel that was applied to the trucks prior to leaving the source. With the nasal ranger, it was determined that the odor from the treated loads, ten (10) feet from where the trucks emptied, was cut by 50 %, and fifty (50) to 100 yards away from where the loads were dumped, there was no detectable odor on the treated loads. Mr. Fallon reported that all the waste was now being covered on a daily basis with native soil. Mr. Fallon stated that as of April 30, 2009, all loads were treated with the eco- absorb gel and the test results were the same. Mr. Fallon stated that BFI continues to run odor neutralizing misters at the site, and since the treatment started, air quality monitors set up around the perimeter of the landfill continue to indicate that no diesel vapors are leaving the landfill. Mr. Fallon reported that only one (1) complaint call had been received at the hotline number that BFI had published. Mr. Fallon reported that the results of the test taken in the Fourche Creek tributary indicated that the sheen was an iron -based bacteria or stagnate water, not diesel. Dr. John Kind stated that when he first visited the landfill approximately two (2) weeks ago, he noticed the strong diesel odor on the top of the landfill, near where the product was being applied. Dr. Kind stated that now, since the odor control procedures had been implemented, odor is not detectable 100 yards away from the landfill. Dr. Kind stated that he had examined the test results of the water sampling that the Arkansas Department of Environmental Quality (ADEQ) had taken, and because there was no diesel present, the drill cuttings had no impact on Fourche Creek or its tributaries. 10 Little Rock Board of Directors Meeting May 5, 2009 6:00 PM Director Wyrick stated that she had received several complaints from the residents regarding the flooding in the Fourche Creek area as a result of the recent heavy rains. Director Wyrick asked if the collection ponds at the landfill had overflown into Fourche Creek. Mr. Fallon stated that the due to the size of the collection ponds, it would have taken very substantial rainfall for that to occur. Director Adcock asked if the recent flooding in Benny Craig Park was a result of overflow from the BFI Landfill. Steve Beck, Public Works Department Director, stated that he and two (2) staff members and smelled diesel when they drove out to the landfill earlier that afternoon. Mr. Beck stated that the water had begun to recede in Benny Craig Park; however, no oil or sheen was present on the water. Chuck Nestrud, outside council for BFI, stated that he wished that all his environmental clients were as responsive as BFI had been in dealing with the recent odor issue. Craig Douglass, BFI Consultant, stated that the corrective steps taken by BFI had been fully implemented as of April 30, 2009, and testing had been on- going. Mr. Douglass stated that since the steps had been implemented, the odor issue had been resolved; however, more time would be needed to determine if the steps implemented were working. Mr. Douglass asked that the Board defer action on the ordinance for two (2) weeks, during which time testing would continue, on -site visits from the City and ADEQ would be welcomed, the hotline number would remain open for complaints and BFI could visit with City Staff regarding possible impact fees. Pat Gee, 8409 Dowan Drive: Stated that she lived in the area and that the odor was terrible. Ms. Gee urged the Board to pass the ordinance. Director Richardson stated that he was not in favor of delaying this issue any longer. Director Keck made the motion, seconded by Director Hurst, to call the question. By unanimous voice vote of the Board Members present, the question was called. By unanimous voice vote of the Board Members present, the ordinance passed. By unanimous voice vote of the Board Members present, the emergency clause passed. 12. RESOLUTION: To direct the City Attorney to pursue a nuisance action against BFI Waste Services of Arkansas, LLC., and any other necessary defendants for the disposal of drill cuttings that originated from drilling operations that use oil based drilling fluids because of the noxious odors that have been caused by such disposal in a land fill within the corporate limits of the City of Little Rock, Arkansas; and for other purposes. As a result of the passing of the ordinance, Director Cazort made the motion, seconded by Director Keck, that Item 12 be removed from the agenda. By unanimous voice vote of the Board Members present, Item 12 was removed from the agenda. 11 Little Rock Board of Directors Meeting May 5, 2009 6:00 PM A motion was made by Director Keck, seconded by Director Wright, to recess the meeting until May 12, 2009, to consider amendments to the 2010 Consolidated Plan. By unanimous voice vote of the Board Members present, the meeting was recessed. ATTEST: C�4 Susan qng�y, Ac ' g City Clerk 12 APPROVED: Mark Stodola, Mayor