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HomeMy WebLinkAbout10-26-10Little Rock Board of Directors Reconvened Meeting October 26, 2010 4:00 PM Little Rock Board of Directors Reconvened Meeting October 26, 2010 4:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a reconvened session with Mayor Mark Stodola presiding. City Clerk Susan Langley called the roll with the following Directors present: Hendrix; Richardson; Hurst (enrolled at 4:19 PM); Cazort; Keck; Wright; Wyrick; Kumpuris; Adcock; and Mayor Stodola. Vice Mayor Fortson was absent. ITEM: 1. ORDINANCE: To enable volunteers on City Boards and Commissions to do business with the City after a competitive selection process that involves more than one (l) bidder; to declare an emergency; and for other purposes. Staffrecommends approval. Mayor Stodola stated that the October 19, 2010, meeting had been recessed to give the City Attorney an opportunity to study the various statutes that addressed the issue of individuals that serve on the various City- appointed Boards and Commissions that may conduct business with one of the other Boards or Commissions within the City. Mayor Stodola stated that he didn't want to have a mass exodus of individuals that were volunteering their services in a variety of advisory capacities. City Attorney Tom Carpenter stated that the main problem was that if an individual was a managing partner or owned a controlling interest in a company, unless the Board passed an ordinance allowing so, they should not conduct business with the City. City Attorney Carpenter stated that the best solution would be to have an individual ordinance with each individual contract. City Attorney Carpenter stated that the language in the statute was fairly direct; however, in terms of a short-term solution, he had drafted an ordinance that stated it was okay to have that type of contract to the extent that a competitive selection process was conducted, which could be a straight low -bid process, a two (2) -step process or a competitive process based on qualifications. City Attorney Carpenter stated that in the instance where there was only one (1) applicant, Section 2 of the proposed ordinance would address the situation: Section 2. If a competitive process, as set forth in Section 1, occurs, but the City Board or Commission member is the only respondent, a contract will still be permitted provided the Board of Directors passes an ordinance which awards the contract and specifically notes that the Board or Commission member is permitted to participate even though the member was the only respondent in the competitive process. 1 Little Rock Board of Directors Reconvened Meeting October 26, 2010 4:00 PM In addition, City Attorney Carpenter stated that Section 3 of the proposed ordinance would address any contracts that were currently in place: Section 3. All contracts currently in existence with any City Board or Commission member that would have been covered by the provisions of Ark. Code Ann. § 14 -47 -137 (a)(1) (West 2004), are hereby ratified as if an appropriate ordinance had been passed at the time of the award of the contract. City Attorney Carpenter stated that the language was broad to deal with an immediate situation; therefore, a limitation had been placed on the ordinance that would sunset on January 31, 2011. City Attorney Carpenter stated that the intention was to allow the Board to conduct policy discussion regarding ways to proceed to allow the City to possibly draft legislation that could be considered by the Arkansas General Assembly to assist in dealing with the situation in the future. Director Kumpuris asked if the resolution would be something that the Board could address, or would it require that the State change what has been done. City Attorney Carpenter stated that it was his opinion that the City could address the issue; however, it would require a significant policy discussion to determine if it should be handled by State legislation, which would finalize it. Director Kumpuris stated that he thought that was the way to handle it; however, he would have the ordinance sunset on the day that the State Legislature recessed. Mayor Stodola stated that if passed by the State, it would be effective ninety (90) days after it was approved, unless there was an emergency clause, which would make it effective as soon as the emergency clause was approved. Director Kumpuris made the motion, seconded by Director Keck, that the ordinance sunset ninety (90) days after the Arkansas General Assembly was recessed, or an emergency clause was passed. By voice vote of the Board Members present, with Directors Adcock and Wright voting in opposition, the ordinance was amended. Director Keck asked if there was a part of the response to the bid during the current competitive selection process where the individuals had to disclose whether they were currently serving on a Board or Commission or had a potential conflict. City Manager Bruce Moore ' stated that there was normally language dealing with the Code of Ethics; however, in the current bid documents there was not language regarding potential conflicts. The ordinance was read the first time. Director Richardson made the motion, seconded by Director Keck, to place the ordinance on second reading. By roll call vote of the Board Members present, the vote was as follows: No: Hendrix; Wright; Wyrick; and Adcock. Yes: Richardson; Hurst; Cazort; Keck; and Kumpuris. Absent: Vice Mayor Fortson. By a vote of 5 ayes; 4 nays; and 1 absent, the rules were not suspended and the ordinance remained on first reading. 2 Little Rock Board of Directors Reconvened Meeting October 26, 2010 4:00 PM Director Wright stated that she was not comfortable with the proposed ordinance. Director Wright stated that it appeared the Board was moving fast to put an ordinance into effect that a simple disclosure form should be able to handle. Director Adcock made the motion, seconded by Director Hendrix, to table the item until the November 9, 2010, Agenda Meeting. Director Cazort made a point of inquiry regarding the proposed tabling of the ordinance. Director Cazort stated that the ordinance would be placed on the November 1, 2010, agenda for second reading and at that time, if the item was to be tabled, it could be done so then. Director Adcock withdrew her motion, with Director Hendrix withdrawing her second of the motion. Director Hendrix made the motion, seconded by Director Cazort, to adjourn the reconvened meeting. By unanimous voice vote of the Board Members present, the reconvened meeting was adjourned. 9 APPROVED: Mark Stodola, Mayor