HomeMy WebLinkAbout1982-12-05 MinutesMINUTES OF AN ANNUAL BOARD RETREAT
The Fayetteville City Board of Directors met on Sunday, December 5,
1982, at 9:00 a.m., at the Mt. Kessler Inn, Fayetteville, Arkansas, to
discuss long-term goals for the City of Fayetteville.
PRESENT: Mayor Noland, Directors Lancaster, Todd, Osborne, Sharp, Bunpass, 321.2
Johnson, Director -Elect Orton, City Manager Grimes, Assistant City Manager
McWethy, City Attorney McCord, City Clerk Kelly, and members of the press
and audience.
321
321.1
Also present at different intervals: Community Development Director
Carlisle, Finance Director Linebaugh, Assistant Finance Director Hausam,
CO Policeman Gerald Bradley, Firemen Dill and Mullins, and citizens Mr. and
CO Its. Gary Kahanak and Mr. Bob Brandon.
N CALL TO ORDER
0
CO Mayor Noland called the meeting to order at 9.00 a.m.
SEWAGE
Mayor Noland introduced for discussion a review of the current status
of sewage treatment plans, associated rate increases, and alternatives.
Mayor Noland referred to a list of sewer rates in the general area
of Fayetteville, as of September, 1982, which indicate the relationship
of Fayetteville to other cities. He added that these projected sewer
rates by Black & Veatch, Consultants, were predicated on the basis that
Fayetteville would have to borrow $16 million to complete the sewer
treatment plant and the system. Finance Director Linebaugh reiterated that
the Black & Veatch cost projections seem to indicate a fair share distri-
bution among residents and commercial users.
Director Todd stated that the Black & Veatch rates had been
on a cost basis which incorporates water costs, but these projections
also include line costs However, he added, the Campbell Soup plant,
obviously, doesn't take nearly as much line as that used throughout the
town. Thus there is a lower per gallon cost for higher users than lower
users.
Director Osborne reiterated his point that Campbell Soup, which
produces over 50% of the nutrient load to the present sewage plant,
and approximately 1/3 of the total flow to the plant, would benefit
from the upgrade of our sewage trearment and disposal disproportionately,
and, he added, at an astronomical cost to the community as a whole.
Director Noland stated that he had toured the Campbell Soup plant
and they have now on-line a settling tank which collects most of the
effluent they produce which is loaded with grease and they feel that
this settling tank would reduce their BOD and their suspended solids by
50%. He added, however, that he would like the opinion of the City
Engineer regarding these projections.
321.3
321.4
321.5
321.6
321.7
321.8
321.9
322 There was sane discussion about the possible use of sales tax
uuuey to augment these sewage rates. It was determined that this
322.1 proposal could be taken to a vote of the people. Assistant City
Manager McWethy stated that the Annual Report to the People had
contained a questionnaire on this issue and the response from the
people could be expected sometime after December 20th.
322.2 Director Todd stated that with regard to subsidizing the
plant by sales tax proceeds, he felt that the subsidy should be
specifically assigned to the residential class of customer, and
thereby reduce their rates.
322.3 City Attorney McCord stated that at the request of the City
Manager he had researched the issue of whether the City could levy
a City Sales Tax, in addition to the County Sales Tax, which is in
effect. There is no statutory prohibition, which would preclude
the Board from having an election on that issue. He added that
he felt enabling legislation would be needed to authorize the City
to pledge local sales tax revenues toward debt service requirements
on bonds. There was same difference of opinion on this issue
322.4 Director Bumpass was not in agreement on the vote going to the
people concerning a lc sales tax. He felt that lessening of the
impart of the rate on the coumunity could be accor„plished by other
means, such as the use of Cornunity Development funds. He thought
the creation of fewer parks could be helpful. He added that although
parks are a part of the quality of life, if the City goes sterile
over these sewer rates, there won't be anyone around to enjoy the
parks.
322.5 Another source of funding which had been previously talked
about was the use of Community Development funds for the sewer
treatment plant and the investigation proved they could be used
for solid waste facilities, but not the sewage treatment plant.
322.6 It was determined that the Board would defer any action until
they had received a report on the cost and feasibility of a land
application treatment plan from Metcalf & Eddy, Inc. At that time
they would decide how to proceed with sewage treatment. Mayor
Noland added that the good feature of land application treatment is
that it can be expanded gradually, to meet the needs of the corm niity.
322.7 The Board then heard from Mr. Gary Kahanak, who spoke for a
number of his friends who are concerned that they cannot afford
the projected increase in sewer rates. He added that every entity,
either individual or a business, should be held responsible for the
proper handling and treatment of its waste He implored the City to
approach the wastewater management to meet the needs of our future
when water may be at a premium.
1
1
1
FINANCES
Mayor Noland introduced for discussion a review of the financial
picture, including anticipated effects of the $25 tax cap, discussion
of sales tax apportionment for the current surplus and the 1983
revenues, significant projected revenues and expenditures, and the
status Of sales tax expenditures to date.
Effects of the $25 Tax Cap
There was some discussion with the Finance Director and the City
Attorney on how to administer the tax cap, and City Attorney McCord
stated that the Finance Department was awaiting the opinion frau the
CO Attorney General's office.
CO With regard to specifics, Finance Director Linebaugh stated
that the people would go to the office of the County Controller, where
0 they will verify that they have paid the 17 sales tax, and upon proper
CO documentation of their purchases, they will receive their refund.
Q There are some intangibles which have to be worked out concerning
purchases of such things as jewelry, building materials, and utility
payments, which are relatively unknown at this point. He added that
the purchase of new cars would be easily determined, however. They
will have the opinion of the Attorney General's office shortly on what
would constitute a "single" transaction, and that should be helpful in
making their determinations. This additional data, along with experi-
ence, will enable them to determine the result of the tax cap.
Mr. Linebaugh stated that the total annual receipts on record now
are $1,876,877. He estimated that $1,900,000 was to be taken in,
without the tax cap, and the tax cap would drop that figure by approxi-
mately $200,000, and it would rise again by $100,000 due toinflation,
leaving a net loss of $100,000.
Sales Tax Apportionment & Review of Overall Finances
There was discussion of haw the sales tax proceeds would be
utilized. It was debated whether these monies should be held, and
invested, and then determine their useage at a later date.
Director Osborne stated that our portion of sales tax over
commitments is approximately $880,000.
Finance Director Linebaugh stated that we have an unusual
financial picture this year, due to the excess sales tax. Due to
the underestimation of sales tax in 1981 by $652,000, and a
remaining Fund Balance in sales tax in 1982 of another $235,000,
there is approximately $1,700,000 of 1981, 1982, and 1983 sales
tax coney to spend. However, some projects that have already been
committed to should be taken into consideration.
1
In other areas, Mr. Linebaugh stated that the Shop Fund shows
a gain of $11,000; General Fund a loss of $491,000; Airport Fmmd a
loss of $247,000; Public Works a loss of $430,000. This is caused
by the drop of revenues this year. The General Fund revenues dropped
323
323.1
323.2
323.3
323.4
323.5
• 3236
323.7
323.8
32-1 $138,500; Public Works revenues dropped $117,000. He stressed the
importance of not committing to any long-term projects. In
324.1 apportioning out the sales tax proceeds, the Board should bear in
mind the operating losses that are being incurred because of the
drop in revenues.
324.2 Director Todd pointed out that in spite of the loss in the
General Fund, there is a $1,000,000 reserve, so that it is not
an emergency situation, but that it cannot consistently fall.
He added that it should be presumed that the loss will be greater
next year due to inflation.
324.3 With regard to City Hall Renovation, it is estimated that
approximately $467,000 of sales tax proceeds will be available
to spend on that project.
324.4 Mr. Linebaugh itemized the projects from 1982 which were
committed and have been carried forward to 1983. They are•
the hiring of additional policemen, firemen, parks administration,
the custodian, the swimming pool, the replacement fund, the
Municipal Court computer system, the Arts Center, City Hospital,
GEMS money, and the City Hall Renovation. He added that there
have been no provisions in the budgets for new expenses which
may be incurred for the annexed areas, other than a new grader
for the Street Department.
324.5 Mr. Linebaugh indicated that the 1,300 additional citizens in
Fayetteville resulted in an additional $72,000 of sales tax money.
This figure has been included in the $1,700,000 estimate
324.6 Mr. Linebaugh reiterated the reasons for the unused sales
tax, to date- There had been funds apportioned for the Police
and Firemen, but that had been postponed during the time of dis-
cussion of the Public Safety Officer concept; the swimming pool
fund= have been accumulatinv; the Traffic Department did not
use $3,000 of their names, due to underbudgeting; the Transit System
failed, leaving $11,000 unused; and the Municipal Court has $21,000
remaining, due to the unavailability of computer packages.
324.7 There was agreement among the Board members that this excess
and unused sales tax money should be placed in a contingency fund,
with the exception of the monies for the Municipal Court and the
Swinming Pool allocation.
With regard to the streamlining of Municipal Court require-
ments, it was suggested that the City of Fayetteville make an
attempt to meet with representatives of other towns, in an effort
to accomplish sane of these goals through the legislature. It
was determined that the City Manager would contact sane of these
government representatives to arrange a nneting to discuss some
of the areas of mutual concern, such as the streamlining of the
Municipal Court.
3248
1
1
1
1
COMMUNITY DEVELOPMENT
Sandra Carlisle, Director of Community Development, reviewed the
status of current and proposed Community Development programs and pro-
jects. She presented to the Board a summary of the status of the
program for the years 1975 through 1982.
Mrs. Carlisle made reference to the Expenditures Summary, which
showed a breakdown of Housing Assistance. She added that in addition
to these figures shown, there were additional expenses for bookkeeping,
Housing Coordinator, car expenses, and filing expenses for grant
agreements, plus acquisition and historic preservation. The total of
$5,369,089 is a summary of all CD monies that have been spent to date.
The Urgent Needs category includes such things as water main construc-
tion in Farmington and Greenland.
Mrs. Carlisle included in her report a request for a Budget Revision
in order to transfer some of the funds that have been left over in
various classifications over the period from 1977 through 1981. Mayor
Noland indicated that there is approximately $60,000 to be reprogrdumed, to
some aspect of the 1983 Program Year. Its. Carlisle stated that this
was being done to clear out previous program years, as a means of
balancing the account on the books.
There was some discussion on the allocation of funds for the
development of Washington Nb retain. Mrs. Carlisle stated that
$42,274.57 was allocated for the development of Washington Mountain,
which would cover the cost of any equipncnt and the parking lot, and
that $55,180 was allocated for acquisition of the land. It was deter-
mined that the estimate for the construction of a street for the
Washington Mountain development would be approximately $30,000. In
applying for funds, this money is considered Parks & Recreation money,
not Land Acquisition money.
When asked her thoughts about the future of Community Development,
Mrs. Carlisle stated that she presumed the govetiuuent would allocate
$500,000 for the 1983 Program Year. She added that this amount was on
a per capita basis. She informed the Board that Congress is now working
on new Rules and Regulations for Community Development programs, which
she felt would imply a status quo approach.
There being no further discussion, Director Osborne, seconded by
Director Lancaster, made a motion to grant the b dget revisions, as
presented.
Upon roll call, the motion passed by a vote of 7-0.
In another matter, Director Bummpass asked Mrs. Carlisle about the
possible use of Community Development funds for solid waste disposal.
Nrs. Carlisle stated that the facilities eligible for assistance do
not include the use of Block Grant Funds for the initial collection of
solid waste Iters such as garbage trucks, and trash collection
recepticles are not eligible.
325
3251
325.2
325.3
3254
325.5
325.6
325.7
325.8
32 (j Similarly, using Block Grant Funds to provide solid waste
collection services is not eligible. She added, however, that
326.1 sites, fixtures and equipment used after the final collection
process are eligible. This may include incinerators or sanitary
landfills or their appurtenances. Solid waste disposal facilities
must serve areas where activities included in the Ccumunity
Development program are being carried out, such as Neighborhood
Strategy Areas However, the reference to being located in such
an area should not be taken as encouragement for the location of
solid waste facilities in residential areas
326.2
326.3
326.4
326.5
326.6
326.7
326.8
Director Todd stated that one of the options concerning the
solid waste facility would be that of private ownership, and the
tax benefits associated with that prospect. However, by going to
private ownership, the City may be losing the benefit of CD funding.
Director Bumipass asked about the use of CD money for land
acquisition, and Mrs. Carlisle stated that land acquisition is
eligible for CD uuuey, but it must meet either the urgent needs
requirements, the elimination of slim and blight, or service the
low-uuderate income citizens.
There was some discussion about the prospect of using 1983
CD money to purchase land and houses near the Industrial Park
area, to eliminate slum and blight.. And then use that money for
the solid waste treatment program. And relocate those homeowners
to alternate housing. Mrs. Carlisle was to check on the possibility
of doing this.
Director Todd asked Mrs. Carlisle how many applicants CD had
for housing assistance, and she stated that there were 19 on a
waiting list.
Mayor Noland stated that he had received a request from EGA
for money for a nursery operation, and Mrs. Carlisle stated that
CD can use its funds to build a facility, but cannot use them
for operation, maintenance or equipment.
Assistant City Manager Mtwethy was asked about the status of
the Head Start Building, and he stated that there has been some
delay in that they ran into a problem because the site selected
had no utility connections. The architects are running same new
figures on what it would cost to run this building to the RaMay
School system's existing utility lines, reasoning that our lease
will probably provide that it will be the property of the school
system within 25 years.
There was no further discussion in the area of Community
Development.
1
1
1
ANNEXATION
Mayor Noland introduced discussion of additional annexation
proposals, including the Highway 45 Fast area
In that the Quorum Court was scheduled to act on a third. reading
for this zoning at their meeting of December 9th, it was determined
to defer action until the meeting of the Board on December 21.st.
Director Todd felt that there was a need to clarify the exact
area to, be covered by the annexation proposals. The Board would have
access to area maps for their review within a short period of. time,
and, in the meantime, the Planning Office has a color coded annexation
map, with overlays, for their use. The Board would make a decision on
03 whether other areas should be included in the annexation proposal.
CO
With regard to the most recently annexed areas, Mayor Noland
U asked what services have been requested of the City to date, and
m Assistant City Manager McWethy said that he has received requests for
street lights at intersections in the 16 West area, which qualify
Q under the City's street light policy. Director -elect Orton wondered
what those requirements were, and Mr. McWethy stated that the request
must be for a street light either at a street intersection, or on
approximately a 300 foot space between blocks. He added that he
also sends out a letter to each neighbor for signature of agreement.
Director Buunpass wandered if we could make a request of the
subdivision developers to place street lights in these new areas.
It was determined that requests of this nature should be submitted
to the Assistant City Manager.
1
1
PAY PLAN
A review of general pay and compensation matters affecting all
city departments was scheduled but the majority of the Board members
had not had an opportunity to fully review these matters. It was
decided to defer discussion until they had the opportunity to do so.
STAFFING
Fire Department: The hiring of new personnel and other
requirements to secure a "Class 3" fire rating.
City Manager Grimes stated that the Board should recognize the
fact that the amounts to be allocated to the Fire Department are
recurring costs. These funds should be considered when reviewing the
requirements for maintaining the Class 4 fire rating and working
toward the Class 3 fire rating.
Assistant City Manager FtWethy stated that in order to keep
the Class 4 rating, six additional firefighters need to be hired.
This is because of the number of fire responses and the building up
of the City. It is approaching the maximum to handle this build up
and still meet the Class 4 rating with the number of points we have.
He added that in order to get a Class 3 rating, it would be necessary
to add one more fire substation in the northwest part of town, with
the appropriate firefighting equipment.
327
3271
327.2
327.3
327.4
327.5
327.6
327.7
327.8
327.9
328 Director Todd asked if a commitment of more time on the part
of the firefighters toward fire prevention would help reduce the
328.1 number of responses, and Mr McWethy felt that in his judgment it
would not reduce the number of responses.
Mr. McWethy stated that the factors taken into account when
328.2 the Class 4 rating was received were (1) the number of fire
responses, (2) the amount of exposed, huilt up area in town, and
(3) the number of firefighters per station per shift He added
that our rating was predicated on the commitment to add six firemen.
328.3 Mr. Grimes stated that there was some question on whether
there should be a new substation built, or whether sane shifting
could solve this problem. Lengthy discussion followed on the
possibility of closing substations and the possibility of shifting
personnel.
328.4 Mr. McWethy pointed out that there is an expected reduction
in homeowners fire insurance of 3-10% if there is a change from
4 to 3 rating; and a reduction of approximately 25% in commercial -
industrial accounts, when changing from Class 5 to 4.
328.5 Director Todd felt that due to the fixed operating costs of
any substation, it was the responsibility of the Board and the City
Staff to look at the possibility of shifting of personnel to ease
the burden, and at the same time work toward the Class 3 rating.
328.6
Mr. Grimes stated that the estimated sales tax revenues
allocated to the Fire Department total $160,000. Of that,
$95,000 has been allocated to pay for the 6 additional firemen,
and their fringe benefits. Any additional hiring beyond those 6,
would be allocated from the General Fund.
It was agreed that the three additional firemen would be hired
328.7 to maintain the Class 3 rating, and Mr. McWethy would contact the
Insurance Services Offices to discuss the possibility of either
the abandonment of a firestation, and the addition of a new full
station, to reach the Class 3 rating.
328.8 Director Sharp suggested the possibility of utilizing Public
Safety Officers as deputized firefighters. If they could be
trained and equipped properly, he felt there was a possibility that
they could be included in the number of firefighters necessary to
reach the Class 3 rating.
Finance Department: Additional personnel
328.9 Director Osborne stated his opinion that the Finance Department
was in great need of an additional accountant, to help with some of
the work generated by the Special Projects requests.
The Board and the City Manager were in complete agreement
328.10 that this additional person, an Accountant II, should be hired
1
1
f
Administration Department: An additional staff person
Mr. Grimes stressed the need for an additional person in the
Administration Office to help with the types of projects which are
not finance -oriented projects, in order to allow the Assistant City
Manager more time to coordinate more administrative types of projects.
Mr. Mcwethy pointed out the need for more help now that the City
Hall is being renovated particularly. He foresees the need will
increase as the project continues toward completion.
City Manager Grimes stated that he would prefer hiring the
administrative intern when the move back to City Hall takes place,
in that there is no available space at this time. It was determined
03 that Assistant City Manager McWethy would investigate the possibility
CO of hiring a graduate student from the University to work as an
Administrative Intern.
Sanitation Department: Review and discussion of the Incentive
Q Work Plan
1
1
12 -5-9 -
City Manager Grimes stated that the Incentive Plan was begun in
1974 to conserve gasoline consumption daring the fuel shortage. At
that time, it was estimated that 190 gallons of fuel could be saved
per week, 684 per month, and 12,684 per year That was one of the
reasons which prompted the Incentive Plan.
There was lengthy discussion of the advantages and disadvantages
of the Incentive Plan, but the general concensus was to retain the
Incentive Plan. Director Todd felt that the concept was a good one
but he, and others felt that the standards for this incentive plan
should be looked at more carefully at the time of the changeover to the
incinerator system.
City Attorney: Discussion of compensation for additional services
Section 2-11(b) of the Fayetteville Code of Ordinances adopted
December 6, 1965, provides that the City Attorney shall receive
additional compensation for legal services rendered in connection
with bond issues. The propriety of this financial arrangement was
raised by Director Sharp. Following discussion, the Board of Directors
decided that the practice does not create a conflict of interest for
the City Attorney because the question+:of issuing bonds is a policy
decision made by the Board based upon the merits of the project, not
legal advice from the City Attorney, and because the City Attorney
does not represent any private party but reviews the bond documents
and renders other services to protect the City's interest.
329
329,1
329.2
329.3
329.4
329.5
329.6
330
Parks & Recreation Department: Assumption of full control
over the Lakes Fayetteville and Sequoyah boat dock operations.
330.1 City Manager Grimes stated that the dock operations at Lakes
Fayetteville and Sequoyah have, by tradition, had one operator at
each boat dock, responsible for having those facilities open seven
days a week from daylight to dark These operators receive a
nominal salary, but they do receive the revenues frau certain
concessions, such as boat rentals, fuel, candy, bait, etc. The
Parks & Recreation Department is interested in assuming responsibil-
ity for the operation of these boat docks.
330.2 In general discussion, the Board felt that an increase in boat
stall rental should also be considered, along with the possibility
of guided tours.
It was determined that the City Staff would mail out Requests
330.3 for Proposals for a person or persons to operate the boat docks for
the City, inexchange for the concessions.
City Engineer: Discussion of the proposal to hire a full-time
330.4 registered professional engineer.
City Manager Grimes stated that he felt the Board should consider
330.5 the possibility of separating the Water & Sewer Department from the
Engineering Department, which would necessitate the hiring of an
engineer, with a three-person field crew. This staff would handle
the design work for streets, engineering projects, sidewalks, etc.
Mr. Grimes added that these types of projects are currently being
given to outside firms, at a very high cost annually.
There was also discussion on the possible use of University
330.6 architectural students to perform some of these projects. There
was some question about the request for additional equipment for
this purpose and it was decided that this request would have to be
thoroughly reviewed. The City Manager stated there is ample surveying
equipment.
330.7 Mr Grimes suggested that this transition should take place
in 1984, rather than at this time, in order to allow some time to
clarify duties and the administrative structure of the departments.
Concept of Full -Time Minute -Taker: To cover the City Board,
330.8 Planning Commission, Board of Adjustment, Plat Review
Committee, Subdivision Committee, Police & Fire Pension
Fund Boards, Civil Service Commission, and City Board
committee meetings.
330.9
In general discussion of this concept, the advantage, as stated,
would be to free up time of the current staff to carry on the other
aspects of their positions.
The disadvantages, as stated, would be that it might pose
330.10 inconsistency, particularly if a University student would be
hired, because of the turnover
330.11 It was determined that the City Staff would get more details
on this concept and make their recommendations to the Board at a
later date.
Discussion of the Use of a University of Arkansas Intern
in Selected Departments:
Director Bumpass suggested the possibility of hiring admanced
architectural students from the University of Arkansas to design
some plans for the renovation of the Police Department, which should
be considered following the renovation of City Hall. It was deter-
mined that the City Staff would contact the School of Architecture
about this prospect.
331
331.1
OTHER BUSINESS
Mayor Noland suggested that the owners of the Mt. Kessler Inn 331.2
03 receive a Proclamation from the City expressing the gratitude of
(1 the Board members for the use of the Inn.
Review of Unsafe Intersections
CO Mt. Bob Brandon, a resident of 649 Wilson, addressed the Board 331.3
Q with his concerns over the intersections of Gregg Street and North
Street, and asked what the City's plans were in devising a plan
for signaling at that corner.
City Manager Grimes stated that it is basic policy of the City
to review traffic counts in order to justify signalization, and these
are based upon the Manual for Uniform Traffic Control Devices. He
added that the City is periodically furnished with reports from the
Police Department on location and number of traffic accidents. He
added that the Traffic Department works closely with the Police
Department, in trying to eliminate problems in heavily traveled
intersections. Mr. Grimes further stated that the City's Traffic
Department is currently working with the Highway Department and
the Northwest Arkansas Planning Commission to try to better identify
these problem locations.
Mr. Brandon asked specifically what was being done to direct
traffic at the intersection of Gregg and North Streets, in order
to avoid encouraging that flow of four lane traffic through a
residential neighborhood. He cited many instances of heavy truck
traffic coming through that area, in an attempt to avoid the
heavy traffic on Highway 71.
Mr. Brandon asked what the City Code reflected regarding the
definition of a truck, and Mr. McCord stated that "any vehicle
designed or operated for the transportation of property, the body
weight, or combined body weight and load, of which exceeds 6,000
lbs. Mr. McCord further stated that the Code establishes truck
routes, and provided that all trucks use the established truck
routes, and certain streets are designated by signs, as "No
Trucks" areas. He added that it is an enforcement problem.
Mr Grimes stated to Mt. Brandon that he would be certain the
restricting signs were placed in their proper location, at the
intersection of North & Gregg Streets, and that he would send
notices to the businesses which operate the heavy trucks, informing
them that the regulations will be enforced, and send then a sketch
of possible alternate routes. This vas to be followed up by the
use of Police Patrols at that area.
1
331.4
331.5
331.6
331.7
332 Mission Street Speed Limit
Director Osborne reiterated a proposal he had made a year ago
concerning the raising of the speed limit to 35 m.p.h., from the
stop sign at the corner of Maple and Mission, and all along
Highway 45 East to Dillon's Supermarket (with the exception of the
Root School area, where it will remain 20 m.p.h.lvhen children present).
This had been proposed to the Arkansas Highway Department
approximately one year ago, but to date no action has been taken.
The City Manager would undertake to write the Arkansas Highway
Department with this proposal.
Swinning Pool - Wilson Park
332.4 City Manager Grimes stated that he and Dale Clark, of Parks
& Recreation, had attended meetings with some experts in the field
of swinming pool design and construction, and they have determined
that an attempt should be made to renovate the existing pool. He
added that the City Engineering Department is preparing drawings
of the proposed remodeling project, which is estimated to cost
between $150,000_$200,000, and -it is felt that the pool could
possibly last ten twenty years.
332.1
332.2
332.3
332.5
332.6
332.7
Mr. Grimes stated that this basic set of specs would include
replacement of guttering, piping behind the guttering, circula-
tion system, additional drains, for a total of three, to comply
with Health Department regulations, repair and/or replacement of
decking, expansion of the sunbathing areas, and the substitution
of sloped areas for steps to aid the handicapped They are also
looking at cost estimates for some satellite pools.
Mr. Grimes stated further that the low bidder, Brennan -Boyd
Construction, is working up some revised estimates for a new
pool, along with revised estimates for bathhouse facilities.
The estimates on the remodeled pool would be to the Board for
review sometime in January.
Review of Airport Operations and Future Plans
In reviewing the Airport Operations for the Board members,
Finance Director Linebaugh stated that the airport has been
operating at a loss since 1975, and it is expected to continue
unless additional sources of revenue are created. The projected
loss for 1982 is $240,000. Mr. Linebaugh furthur stated that the
main, cause of this loss of revenue is the loss of the number of
landings. Director Sharp indicated that the old terminal had
reached approximately 80,000 boardings per year, but that figure
has declined steadily, due to the increase in ticket costs, which
were the result of the deregulation of the airline industry and
the raise in fuel costs.
1
1
In addition to the prospect of increases in landings, the
Directors discussed the prospect of increasing flowage fees at
Drake. Mayor Noland pointed out that any increases in flowage
fees should be kept below those of Springdale.
Director Todd stated that he perceives the primary function of
the airport management today as being that of marketing. While
it is true that the Fayetteville Airport departures amount to
30-35 daily, there is a definite need for expansion of service.
Metro is expected to add another flight to Dallas, but none to
Little Rock. City Manager Grimes was in agreement with Director
Todd and stated that he has had suggestions from the community
regarding a group effort to convince the officials at Metro that
there is a real need for expanded service at Drake.
CO
After discussion, the Board instructed the City Manager and
Finance Director to report to the Board on how the airport oper-
(, ations can break even.
CO City Manager Grimes would contact the Airport Committee and
Q the Chamber of Commerce about the prospect of approaching Metro
with the community's suggestions for a broader scale of service,
possibly opening up a route to the east to Little Rock, or to the
northwest, to Tulsa.
1
1
Computer Status
City Attorney McCord indicated that his report on the City's
computer problems was self-explanatory and stated that the matter
of litigation was a policy decision to be made by the Board of
Directors. He reviewed the possible causes of action available to
the City as outlined in his report, i.e., a cause of action for
fraud against the manufacturer of the hardware (Microdata), a
cause of action for fraud against the corporate vendor (Mid -South)
and its officers (Tippett and Dillday), and a possible cause of
action for breach of fiduciary duty against one of the consultants.
Mr. McCord expressed the opinion that jurisdiction and venue
for a suit against Microdata would be in the U.S. Disttict Court
for the Western District of Arkansas, Fayetteville Division. He
also expressed the opinion that the amount of damages based upon
employee lost time could be documented. He noted that the City
has a letter from Nicrodata stating that the cold start problem
was remedied as of a certain date when, in fact, Microdata was
re-engineering a part to solve the cold start problems which
continued to occur until the re -engineered part was installed.
Mr. McCord stated that a suit by the City against Microdata could
seek both actual and punitive damages.
Finance Director Scott Linebaugh stated that the hardware is
no longer a problem but the City is still faced with the unavail-
ability of software He indicated that software cost will be in
excess of the contract price with Mid -South.
333
333.1
333.2
333.3
333.4
333.5
333.6
333.7
334 Mr. McCord stated that any litigation by the City should be filed
before February 1, 1983 to avoid the possibility of a successful
334.1 defense based upon the statute of limitations.
After lengthy discussion, the Board of Directors instructed Mr.
334.2 Linebaugh to investigate the possibility of selling the Microdata
computer and to report the amount of the salvage value which could
be obtained. Mr. Linebaugh was instructed to submit his report to the
Board by early January, at which time the Board will make a decision
regarding litigation.
Review of 2:00 a.m. Closing Hours Ordinance
334.3 Director Osborne requested discussion of repealing the Closing Hours
Ordinance at this time, because he is of the opinion that it is hurting
"legitimate" operators.
334.4 Director Bumpass stated that he is under the impression that
neither the Hilton, nor the Post Office, nor the hotels or motels
in the area with bars have asked to keep their doors open beyond the
2:00 a.m. closing stipulation.
334.5 Mayor Noland stated that the problems that had prompted the
2:00 a.m. closing hour ordinance seem to be continuing, in that the
Board continually gets letters and camients from the Dickson Street
merchants pressuring the Board to do something about the situation
there. He asked that the City Manager provide an update of the
number and type of police calls received concerning these establish-
ments on Dickson Street. Mr. Grimes said that he cauld so so.
334.6 Mayor Noland felt that in that there is a nuisance there in the
eyes of many people, the Board should possibly pursue a lawsuit to
close the establishment.
334.7 Mr. McCord stated that he had outlined some procedures to
be followed if this course is going to be pursued, and it will be
included in the agenda of the Board meeting of December 21st. This
procedure would involve the filing of a complaint with the ABC, and
if the City doesn't get relief administratively, then the City has
the option of filing a lawsuit.
POLICIES: Review of Matters Pertaining to Policies and Procedures
City Board "Rules of Order and Procedure"
334.8 Director Lancaster asked that Mayor Noland read excerpts from
these Rules of Order and Procedure. The Mayor read, "Efficient
management of the city can exist only through mutual understanding
and complete cooperation between the Board of Directors and the
City Manager. The City Manager's performance cannot be the best
unless he or she is given the latitude to exercise independent
judgment in executing policies of the Board of Directors. The
Beard of Directors acknowledges that obligation and gives the
City Manager the latitude of judgment and discretion, and expects
faithful performance in carrying out the policies of the Board of
Directors.
1
1
•
1
He continued, "It shall be distinctly understood that authority
for the management of the city shall pass through the City Manager
and that he, or a representative authorized by him, shall be the
only official contacts between the Board of Directors and employed
personnel. Members of the Board of Directors should refrain, as
individuals, from discussing nxanagement problems with the personnel
of the city except in cases where the Board of Directors may deem
it necessary to confer with personnel at regular or special meetings
of the Board, and then in the presence of the City Manager."
Mayor. Noland called for a motion to readopt these Rules of Order
and Procedure, and Director Bumpass asked that it be postponed until
the Board Meeting on December 21st, to afford him the opportunity to
review them.
335
335.1
335.2
CO Mr. Mcwethy stated that this readoption of the Rules of Order and
Procedure is normally done at the first meeting in January, after new 335.3
members come on the Board.
U
CO Review of Additional Policies
It was determined that the following policies would be discussed
1
at the regularly scheduled Board Meetings:
Professional Selection Policy
Discussion of additional notification requirements --particularly
to nearly -but -not -adjoining property owners and renters --
regarding large scale developments and subdivisions.
Discussion of a requirement of "voluntary annexation" as a
condition for receiving city water
Discussion of guidelines on the role and use of citizen committees
ADJOURNMENT
There being no further business, the meeting adjourned at 5:00 p.m.
335.4
335.5