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Home My WebLink About1970-11-16 MinutesMINITES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS November 16, 1970 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Mondav, November 16, 1970, in the Directors Room in the City Administration Building at 7:30 P.M. Present: Acting City Clerk Virginia Throckmorton, City Attorney David Malone, City Manager Wesley M. Howe and Directors Swartz, McFerran, Melton, Lancaster and Starr. Others Present: Sanitation Superintendent Luther Tharpe, Water and Sewer Superintendent Paul Mattke, Administrative Assistant Sturman Mackey, Board Members -Elect Purdy, Utley and Stanton, members of the press and others. Absent: Directors Jones and Dunn. The minutes of the last regular meeting on Monday, November 2, 1970, a copy of which had previously been mailed to each of the Directors, were approved. 1-162 The Mayor requested the Board's approval of the appointment of LoVetta Moore to the position of City Clerk. The employment of Marilyn Moore, City Clerk, was terminated November 13, 1970 due to an undetermined length of absence because of illness. A motion was made by Directors Swartz to approve the appointment of LoVetta Moore to the position of City Clerk. The motion was seconded by Director McFerran and upon roll call the fol- lowing vote was recorded: "Aye" Swartz, McFerran, Melton, Lancaster and Starr. "Nay" none. There being five "Ayes" and no "Nays" the Mayor declared the appointment approved. 2-162 The City Attorney introduced, and at the request of the Mayor, read a proposed ordinance in its entirety entitled AN ORDINANCE TO ACCEPT AND CONFIRM THE FINAL PLAT OF WHEELER -SAWYER ADDITION, A SUBDIVISION OF THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDICATION OF THE STREETS AND UTILITY EASEMENTS THEREIN. Director Starr moved that the rule be suspended and that the ordinance be placed on second reading. The motion was seconded by Director Swartz and passed unanimously. The ordinance was then read for the second time. Director Lancaster moved that the rule be further suspended and the the ordinance be placed on third and final reading. The motion was seconded by Director McFerran and passed unanimously. The ordinance was then read for the third and final time. The Mayor then declared the ordinance open for discussion. The Mayor then asked the question, "Shall the ordinance pass?" Upon roll call the following vote was recorded: "Aye", Swartz, McFerran, Melton, Lancaster and Starr. "Nay", none. There being five "Ayes" and no "Nays" the Mayor declared the ordinance passed. *Ordinance No. 1771 is on page 43 of Ordinance and Resolution Book 2. 3-162 The City Attorney introduced, and at the request of the Mayor, read a resolution authorizing and directing the Mayor and City Clerk or Acting City Clerk to execute a contract guaranteeing installation of improvements in Wheeler -Sawyer Addition between the City and Jim Bob and Donna Dee Wheeler. A motion to adopt the resolution was made by Director Starr. The motion was seconded by Director Lancaster. The Mayor then declared the motion open for discussion. The Mayor then asked the question, "Shall 162 2 the resolution pass?" Upon roll call the following vote was recorded: "Aye", Swartz, Mc Ferran, Melton, Lancaster and Starr. "Nay", none. There being five "Ayes" and no "Nays" the Mayor declared the resolution passed. *Resolution No. 63-70 is on page 29 of Ordinance and Resolution Book 2, City Manager Howe presented Administrative Memo #176 entitled Sanitation 1-163 Charges to Commercial Establishments. The Southwest Piano and Van Service, Inc. of 2616 Highway 71 South has indicated that the company does not desire sanitation service and desires to be excluded from the City's sani- tation charges. The City's ordinances pertaining to sanitation service have been interpreted to require that all residential and commercial estab- lishments which have sanitation service available to them pay the sanita- tion charges. This policy applies regardless of the extent of use and some commercial establishments as well as residences do not use the sanita- tion service. Only churches and other non-profit organizations which do not use the service have been administratively excluded from sanitation service charges. The basic assumption is that every residence and commercial estab- lishment has garbage or trash to dispose of and do not dispose of it except through services provided by the City in view of Section 10-46 of the City Code which provides: "No person except a duly authorized agent or employee of the City shall empty garbage or trash receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of the City, with- out a written contract with the City." The City Manager requests that the City Board interpret the City Code to determine whether commercial sanita- tion rates should be charged to commercial establishments regardless of their use of the City's sanitation service. The Mayor asked for discussion concerning the foregoing memorandum. Director Swartz declared she openly opposed the idea of excluding some customers - commercial or residential - from sanitation charges. Other members of the Board and the audience discussed the subject. Director Swartz made a motion to deny the request by Southwest Piano and Van Service, Inc. for exclusion from sanitation charges. The motion was seconded by Director Lancaster and upon roll call the fol- lowing vote was recorded: "Aye" Swartz, McFerran, Melton, Lancaster, and Starr. "Nay", none. There being five "Ayes" and no "Nays" the Mayor declared the request denied. The Preliminary Budget for the Water and Sewer Fund was presented to the 2-163 Board by City Manager Howe. The budget covers the fiscal year 1971 - August 1, 1970 through July 31, 1971. City Manager Howe indicated he will meet with the Board at any time they would like study sessions for review of the Budget. Several items were discussed by the Board with City Manager and the Water and Sewer Superintendent. Upon recommendation of the Mayor the Board decided to present the Water and Sewer Budget along with the 1971 Budget of the other funds to the citizens on two separate nights at the junior high schools. City Manager Howe reported on the proposed legislative program for the State 3-163 that was discussed at the Arkansas Municipal League Convention November 15- 16: (1) 25 percent matching funds from the State for local sewer projects; (2) State aid for solid waste disposal; (3) modern annexation law; (4) ter- ritorial zoning power; (5) motorized equipment excluded from State sales tax; (6) State legislation to refrain from governing hours, etc., for municipal employees such as firemen and policemen; (7) grants-in-aid for roads; (8) taxing authority of local governments. 163 3 1-164 The City Manager then presented a joint.proposal from several cities in the State (including all City Manager cities) to jointly hire a legisla- tive aid for lobbying purposes in the State Legislature. The cost to the City would be $1-,600 (the same as the dues for the City to the Arkansas Municipal League). The appointment of the aid and control of the lob- bying actions would be undertaken by the cities who contribute to the cost. A motion was made by Director Swartz that the City contribute $1,600 toward the cost of employing a legislative aid. The motion was seconded by Director Lancaster and upon roll call the following vote was recorded: "Aye", Swartz, McFerran, Melton, Lancaster and Starr. "Nay", none. There being five "Ayes" and no "Nays" the Mayor declared the motion passed. Director Lancaster asked the percentage of completion of the Beaver Water Line. Water and Sewer Superintendent Mattke indicated that the line was complete as to installation and that the lines had been flushed. The contractor is now in the process of cleaning up, repairing street cuts, drainage ditches, etc. The Board indicated that clean up and repair work needs to be checked thoroughly to see that all disruption, etc, of property is properly cleared up before final payment is made to the contractor. 2-164 Mayor Melton read a letter from Director Gerald Jones indicating his resignation from the Board of Directors effective November 15, 1970. The Mayor then appointed a committee to bring to the Board a recommenta- tion for a replacement for Director Jones. The committee is composed of: Directors McFerran, Lancaster, Starr and Director -Elect Purdy, 3-164 The Mayor called a special meeting to be held November 30 for the purpose of presentation and discussion of the Water and Sewer Budget and the 1971 Annual Budget and Work Program; and the appointment of a Director to replace Director Jones. There being no further business a motion was made by Director Lancaster and Seconded by Director McFerran to adjourn. The motion was passed unan- imously, and the Mayor declared the meeting adjourned. APPROVED: i rland Melton, J7 ayro ATTEST,: Virgin'. Throckmorton, Acting City Clerk 164