HomeMy WebLinkAbout1988-01-05 MinutesMINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was held on
Tuesday, January 5, 1988 at 7:30 p.m. in the Directors' Room of City Hall,
113 West Mountain Street.
PRESENT: Mayor Johnson; Directors Marinoni, Hess, Bumpass, Lancaster,
Martin and Kelley; City Manager Pennington, City Attorney
McCord, City Clerk McWethy, Department Directors Coates and
Linebaugh; members of the press and audience.
c
ROLL CALL
The meeting was called to order by Mayor Johnson with seven Directors 1.1 '
present.
TREATMENT PLANT REPORT
Cliff Thompson, representing CH2M Hill, engineer for the Wastewater 1.2
Treatment Plant project, presented a report to the Board as a result of the
recent Christmas Day flooding of the treatment plant.
Thompson began by stating there are no design flaws with the facility. HeII/ 1.3
said that the technical terms used in describing the capacity of the
facility often get confusing and he thought that was one of the problems
4 that underlies some of the misinformation which he said was out today.
Thompson said the plant now under construction is designed to treat an
average flow of 11.4 million gallons per day, and is also designed to treat
a total maximum monthly flow of about 17 million gallons a day, with a
hydraulic design capacity of 30 million gallons per day and, when all pumps
are operable, can pump about 38 million gallons per day. He said the
difference between design maximum flow and absolute maximum flow is that
design flow assumes the largest pump is out of service. He said the plant
will treat about 38 million gallons per day on a maximum instantaneous
basis.
Thompson said the plant and the collection pump stations are matched to 1.4
handle the same flow rate, and almost all of the flow in Fayetteville is
collected and pumped into the plant, with very little flow entering the
plant by gravity. He said the figure of 30 million gallons per day was
arrived at through his firm's projection of an average 11.4 million gallon
flow. He said that was a combination of actual wastewater plus annual
average "I&I" [infiltration and inflow] that would be in the system, plus a
normal and reasonable peaking factor (ranging from about 2.0 to about 3.0).
He said the firth's choice of a maximum design flow of 30 million gallons per
day is almost a five to one ratio, in terms of today's flow rate (average
annual: flow being 7 to 8 million gallons per day). He said the firm
January 5, 1988
2.1 established an annual average flow over a 20 year planning horizon and
established reasonable peaking factors. He said at the time they undertook
the 201 Plan, the sewer system evaluation survey (SSES), the infiltration
and inflow analysis, and the rehab was either complete or ongoing and there
were essentially no final numbers as to how much I&I would be left when all
of the improvements, in terms of rehab, have been completed. He said the
Facility Plan said the plant would be designed for a maximum design flow of
30 million gallons per day, and that flows in excess of that would be
removed either by rehab or that some overflows would occur within the
system, not at the treatment plant, and would have to be dealt with either
through additional rehab or be accepted as overflows. He said the Facility
Plan was approved by ADPC&E and the issues were discussed. He said it is
unfortunate but this is also the case for almost every system in the United
States. He said this is very comparable to the design of a flood facility
which is designed for a certain flood frequency because you can't afford to
design it for a greater flood frequency. He said the Facility Plan was
adopted, the facility was designed and the construction began.
2.2 Thompson said that on Christmas Day the treatment plant was well behind
schedule but the system improvements (pump stations and additional
interceptors) were completed before the treatment plant. He said this means
that, if all pump stations are operating, the maximum 38 million gallons of
flow is being pumped to the plant, and there is less overflow in town. He
said, in addition, part of the treatment plant improvements call for removal
of an overflow facility at the headworks of the plant, recognizing that more
flow will then come to the plant. He told the Board the treatment plant is
bypassed on numerous occasions and probably has been ever since it was
built. He said this was discussed in the Facility Plan and it is not new
that, under rainfall events, the existing plant can only handle about 22 to
23 million gallons per day. He said flows in excess of that are bypassed,
or overflows at the headworks of the treatment plant and at the flume
connection on the interceptor going into the plant. He! said one of those
two flow points was removed during construction.
2.3 Thompson said on Christmas morning the White River was reaching flood stage
which reduced the capacity of the bypass line, so that the plant had less
capacity to bypass and therefore caused a backup. Thompson said the City
will have to make a management decision about what to do with that flow
between now and when the new plant comes on line, in the event this happens
again. He said when the new plant is on line it will handle the flow that
reaches the plant, but under certain storm frequencies there will be
overflow somewhere in the collection system or the pump station, but not at
the treatment plant.
2.4 Thompson said there is not a problem with a mismatch of the capacity of the
plant compared with the capacity of the influent to the plant.
January 5, 1988
Thompson said the plant measures flow currently with a Parshall flume which 3.1
is designed to operate under certain flow conditions, and when the flow
exceeds the flume's capacity, it becomes inaccurate as a flow measuring
device. He said. while 50 million gallons per day might have been read on a
flume which is flooded, he believes that measurement has no basis.
Director Martin said many people feel the recent rainfall was not as bad as 3.2
one experienced in 1982 and 1983. Thompson said it was hard to correlate
single -day rainfall events with inflow. He said the options the City had
were to either build a larger plant (that would treat 50 million gallons per
day) that would have cost more money to build and operate, or to do
something about unusual peaking factors. He said, knowing what he knows
today, he would have to say that the peak to average flow is not typical and
indicates an inflow problem. He said CH2M Hill would like to be responsible
for the entire program, but .in fact had nothing to do with the SSES or the
rehab. He said the City did not address.. to a full degree the private sector
contributions to the I&I problem. He said the infiltration and inflow
analysis was done in the mid '70s and from this a conclusion was reached
that the Fayetteville system had excessive I&I and it would be cost-
effective to remove it. He said the next step was the sewer system
evaluation survey (SSES) which is a more detailed look at smoking, cleaning,
and inspection of manholes. Thompson said CH2M Hill was !not involved in
that work. He said on the basis of the SSES, there was a more definitive
estimate of how much flow can be removed and at how much cost and a whole
series of rehabilitation corrections were developed. He said in the late
'70s it was a common mistake to assume too great of removal, and he thought
the SSES done then assumed a 93% reduction of inflow. He said today it's
not often assumed that you can remove much more than 50%. He said when the
firm looked at the contribution to the peak flow to the plant, they went
with an estimated lower number. He said the SSES led to a rehabilitation
program which was done in phases, part by the City, part by outside
contractors, and part was done in the last year. He said CH2M Hill was
employed to measureflows before and after the rehab and a report on that is
forthcoming in a few weeks.
Thompson said a lot of the work which was done in the past purposely ignored 3.3
infiltration and the private sector contribution. He said there were good
reasons to ignore the private sector contribution because it is a very
difficult, political, institutional process.
Thompson said the State has accepted the fact that there will always be 3.4
overflows. He said they can't be totally eliminated, but the City .can
choose frequency and location. Director Martin asked Thompson if he felt
the City was honest with the citizens and if these points were made in his
testimony to Oklahoma. Thompson said it is an accepted fact that overflows
will occur. He said it was unfair to judge the overflow characteristics of
the Fayetteville system today because it really hasn't been given a chance.
Thompson said it was his firm's position that they do not want overflows to
occur at the plant. He said the plant was not undersized.
January 5, 1988
4.1 Director Bumpass expressed his concern about what went into Beaver Lake. He
said part of the reason the City got into the development of the new plant
was because the old one was not working effectively. He said, regardless of
how many times the Board may have been told this might occur, he thought
they were all surprised that it occurred at a time when the rainfall was not
that much, and it was almost a slap in the face to find out it was going to
occur again. He said the City reposed its trust and confidence in CH2M Hill
and OMI to insure that the lake wouldn't be contaminated. Bumpass said he
would like to have his confidence level raised, and that of the citizens,
that the City is not going to be degradating its water supply.
4.2 Thompson said when the new plant is on line the overflows will occur at the
collection point, and during a heavy rainfall a few manholes will pop off.
He said that needs to be addressed in a focused manner as part of an ongoing
maintenance program or on a broad base of dealing with the I&I problem with
the private sector contributors. He said the most important point is, if it
rains in the next two weeks, a decision needs to be made about where the
flow goes. He said if the pump stations run in their current mode at a
maximum rate, and it rains two or three inches, the plant is going to flood
again. Thompson said the pump stations can be shut down.
4.3 Director Johnson said she did not want other misinformation to get out, that
the lake was contaminated. She said the lake was not contaminated. Bumpass
said he thought the water was treated appropriately but the lake was
contaminated, since it had raw sewage flowing uhrough it. Thompson said
there was no question that untreated sewage went into the White River, but
the question is whether that contribution contaminated the entire lake.
4.4 Johnson said the reason for the new plant iz that the effluent limits were
lowered, not because the old plant wasn't particularly working at capacity
or at old standards.
4.5 Director Hess asked if the flooding would have been in the collection system
if the plant had been completed. Thompson said there would have been some
overflows (of usually diluted untreated sewage) which would have occurred of
a different magnitude. Hess asked if there is a way to measure the amount
of rainfall it would take before the collection system will begin to back
up. Thompson said a forthcoming report will deal with recommendations for
the City. He recommended the City observe what happens during different
rainfall events and decide whether that's acceptable or not before it begins
to try to attack the problem, and then go into a more focused rehab problem
in areas where there is a problem. Thompson said, even after more work is
done, there still will be areas in town that will continue to have overflow
problems, partly because of the City's maintenance program, and because as
the sewer system ages, its carrying capacity and its inflow changes. Hess
asked if those areas can be identified. Thompson said estimates can be made
based on work that was done in some areas back in 1975. He said he thought
the City has already identified some of those areas and knows where the
habitual overflow points are. •
1
January 5, 1988
Director Martin said, if the collection' system is corrected, and there are
still overflows that the plant can't handle, the overflows have to go
somewhere. Thompson said, regardless of the inflow, the pump stations will
only pump. 38 million gallons a day to the treatment plant, so that anything
in excess bf that will show up as an overflow. He said the City can solve
focused problems but it's impossible to solve all the overflow -problems in
the City.
Thompson suggested the City not operate the new south pump station, and let
it run by gravity as it did in the past, until the new plant is completed.
He said under those conditions the old plant will handle the flow, and the
overflow will occur at the south pump station. Thompson said the south pump
station is causing the problem because it went on line before the plant.
Thompson told the Board that when the plant is complete all of the problems
with overflows at the plant will be eliminated, that problems in the
collection system will be greatly reduced when all the facilities are on
line.
The Mayor said she thought one of the concerns of the Beaver Water District
was the frequent bypasses. She asked if bypasses would cease to occur when
the new plant is completed. Thompson said there will be no way to bypass
the treatment plant but "minor" overflows in the collection system will
still occur. Johnson asked if treatment plant operators will know when an
overflow is happening and will be able to notify the Beaver Water District.
Thompson said the overflows will be so minor, in terms of volume, that they
couldn't have a measurable impact on Beaver Lake water supply. He said
there is a significant problem,however, between now and the completion of
the plant.
Director Marinoni asked why one of the pumps could not have been shut down
on Christmas Day, to avert the damage that was caused by the flooding.
Thompson said this could not be done because (1) the plant had bypassed and'
treated up to 30 million gallons per day, and it was not known it wouldn't
handle 38 million gallons; (2) it wasn't expected that the collection system
improvements would be completed before the plant; and (3) conditions of
rainfall created a bigger problem than had ever been seen before, and
coordination and communication might have been better if it had not been
Christmas Day.
Marinoni asked why Thompson was talking about the capacity of the old plant
being 38 million gallons per day. Thompson said the old plant would treat
sewage flows of 22-24: million gallons per day, and flows in excess of that
are bypassed to the river. Thompson said this occurs frequently. He said
the old plant has handled total flows of about 30 million gallons a day
successfully. He said there was no reason to expect it wouldn't be able to
handle the recent rainfall event.
•
•
5.1
5.2
5.3
5.4
5.5
5.6
v
6.1 Director Kelley asked
said there was a
responsibility between
said the pump stations
stand by. He said a
during high rainfalls.
January 5, 1988
if OMI was monitoring the pump stations. Thompson
separation of responsibility, and there is no
the plant and the operation of the pump stations. He
are designed for one pump to run and one pump to
switch can be selected allowing both pumps to operate
He said one or both pumps can be cut off. Kelley
asked who was in charge of the pump stations. The City Manager said he
found out today that is the responsibility of the City. He said in most
cities they are monitored by the plant operator. He said since that is not
the case a management plan will have to be put together. He said this
should have been done some time ago. Kelley asked who at the City would
shut the pumps off if it rains tomorrow. Thompson said the City has to
decide where the overflows will occur. Thompson said he didn't believe that
was a decision for OMI or CH2M Hill to make. He said coordination will be
fairly simple and should have been done when OMI took over the contract. He
said CH2M Hill will bear a lot of that responsibility. Kelley asked the
City Manager if a decision had been made. Pennington said no decision has
been made, and there are a series of alternatives before the Board. He said
a decision must be made right away as to where overflows will occur. He
said the overflows cannot take place at the plant, noting that the recent
damage to the plant amounts to $50,000 (which he said insurance will cover).
Kelley asked who would be responsible for notifying the Water District that
the system is being flooded. Pennington said a management plan must be
developed in the next couple of days. Thompson said the Water District was
called as soon as the recent event happened. He agreed that protocol should
be established for the future. Kelley said he was disappointed that, in
light of the money which has been spent for engineering and present staff, a
procedure is not in place.
6.2 Director Martin asked why overflows could not be diverted into the new
holding pond at the plant. Thompson said the new plant does have that
capability but the holding pond is not complete. He added that this is not
desirable on a regular basis because it creates potential odor problems and
potential operational problems. He said this could be used in emergency
cases. Martin said cutting the pumps off and dumping the overflows back
into the town did not sound like much of a solution to him. Thompson said
that is what has happened up until the pump station was expanded. Martin
asked how much capacity the holding pond will have when the plant is
finished. Thompson said the pond's intended purpose is primarily for
effluent storage (after treatment). Martin asked if it wouldn't be better
to put influent in the pond than back into the City. Thompson said the pond
will allow for storage of effluent "which didn't get treated like it should"
to be recycled back into the plant, to really protect the White River.
Martin said while protecting effluent storage, entirely untreated sewage may
be turned back into the community. Thompson said "no matter what you do
there will be sewer overflows."
6.3 Director Hess asked Thompson if he could calculate at what point, given a
certain amount of rainfall, the City can expect overflows to happen, what
are the most likely points where the overflow will happen, and what can be
January 5, 1988
•
done to relieve some pressure in the system. Thompson said this would be 7.1
partially addressed in a report the Board will receive shortly, but it can
be awfully expensive. He said the City spent about $600,000 in 1977 for
data which is now almost of no value.. He said he wouldn't recommend
spending money to discover where the system will overflow in its entirety,
but would recommend the City look at the focused points of overflow and deal
with those problems. He said options for the City will be addressed in a
rehabilitation report which should come out in about a month. Thompson said
the only logical alternative, between now and completion of the plant, is to
not operate the new south pump station. Thompson said about 26 million of
the 38 million gallons will be pumped from the south pump station. He said
that pump station will handle about 9 million gallons per day by gravity.
Gary Vaughn, representing OMI, showed slides of the treatment plant 7.2
building. Director Bumpass asked Vaughn what would have been required to
cut off the pumps at the south pump station. Vaughn said a crew could have
been sent to the pump station to turn the switches. He said he did not have
a key to the pump station nor did he have the authority 'to make such a
decision. Bumpass.asked Vaughn if he knew that would have saved the plant
from flooding. Vaughn said he was in Oklahoma City the day of the flood,
although he was in phone contact with the plant. He said in retrospect, he
thought it would have been easier to turn the pumps off but at the time it
was an option he never even considered. Vaughn said in 1986 there were
about. 67 bypasses, in 1987 there were about 27 or 28, most of them in the
first three months of the year. He said at that time a policy was adopted
that there were to be no bypasses. He said there was one other bypass in
June.
Director Martin asked where the estimate of 50 million gallons came from 7.3
(which had been publicized). Vaughn said his operators measured the water
in the Parshall flume to be 50 million. He explained, however, that the
flume was only designed for 32 million gallons and, therefore, any
measurement beyond 32 million gallons will not be a true reading. Martin
asked Vaughn if at that time he judged 50 million to be an excessive
reading. Vaughn said it did not seem so at the time but; having now seen
information on the pumps, he thinks the 50 million was erroneous. Vaughn
explained that the flume was built in 1969. Thompson said the new flume
will be able to measure the flow at the plant.
Dennis Sandretto, representing CH2M Hill, told the Board the contractor's 7.4
updated schedule was received today. A milestone schedule, prepared by
Huber, Hunt and Nichols, was distributed to the Board. Sandretto said there
was slippage in the schedule. He said completion of Phase I and II, which
was scheduled to be completed on February 15, is now scheduled to be
finished on February 26 because of cold weather. He said he didnotknow
what the contractor plans to do about this but he believes the contractor is
putting as much manpower to the job as possible and is doing quality work.
Sandretto said the completion date of June 1, for Phase III,. has not
changed. He added that part of the damage from the Christmas flood was to
the new construction.
January 5, 1988
8.1 John Quinn, speaking for McClelland Engineers, told the Board his firm
served as subcontractor to CH2M Hill on the design of the collection system.
He said their assignment was completed fairly much on schedule and within
costs. He remarked that, had their work not been completed on time, the
flooding may not have occurred. He said, when the flooding event occurred,
they reconfirmed their calculations to establish that the amount of sewage
which can be conveyed for treatment to the plant matches well with the new
plant's capacity, and they are convinced they are on target. He said future
overflows can be expected at the south pump station, under certain rainfall
events. He said their severity and frequency will be determined primarily
by the amount of rehabilitation and replacement the City undertakes in its
sewage collection system. Quinn said McClelland is the primary consultant
on the sewer rehab report mentioned by Thompson. He said during a rainfall
event the peak flow that the system can collect preliminarily looks to be
five to six times what the average dry weather sewage flow would be. He
said rather than the 93% removal of inflow that was initially expected about
ten years ago from the rehab work, the preliminary information now shows
more like 30% to 40% will actually be removed. He pointed out that the
initial SSES which was done did not address private property service lines.
He said, since then, EPA has authored reports based on better historical
data which find that private service lines generate a great portion of I&I.
8.2 Director Bumpass asked Richard Starr, Executive Director of the Beaver Water
District, what actions he took on Christmas Day or any time he becomes aware
of a bypass. Starr said their normal activity during a bypass is to
increase monitoring at locations above the intake site (primarily Highway 68
bridge, Highway 45 bridge, and at the intake site itself) and to increase
pre -disinfection rate of water at the intake site before it reaches the
plant. He said, as a result of the Christmas Day bypass, they increased
their chlorine feed rate. Bumpass asked Starr if he had an opinion or
advice to the City Board or City staff as to how overflows might be handled
in the future. Starr said the District would prefer not to have any of
Fayetteville's sewage in the District's processed water. He said he didn't
think it was the District's position to tell Fayetteville what steps to take
to solve their problem He requested that the District receive notification
if there are bypasses in the system, so that changes can be made to the
process. Starr said he would like to know if Fayetteville decides to
overflow the south pump station.
8.3 The Mayor said she thought notification of the Beaver Water District should
be included in the management system.
REZONING APPEAL
8.4 The Mayor introduced an appeal from a decision of the
regarding denial of Rezoning Petition R87-29, for 0.18
south side of the west end of Rutledge Lane. She said
Pinnell, requested rezoning from R-1 "Low Density
Planning Commission
acre located on the
the petitioner, Pat
Residential" to R-2
1
D
January 5, 1988
"Medium Density Residential". She told the Board the Planning Commission
recommended denial by a vote of 5-3, with the Planning Consultant also
recommending against the rezoning.
Pat Pinnell said he had discussed this with Larry Wood yesterday who said he
would be amenable to R-2 if Pinnell would extend fire protection to the
corner of Oak Road and Rutledge Lane, and if Pinnell had access to the
property from Velda Court. Pinnell said some confusion has now been cleared
up, and that he does have access to the cul de sac at the end of Velda
Court. .Pinnell said he had not yet had an opportunity to get a letter for
the Board from Larry Wood. He asked that the Board either approve the R-2
zoning or remand it back to the Planning Commission. Pinnell said he would
provide the fire ,protection which would, in fact, cover the entire
subdivision.
•
The Mayor, seconded by Bumpass, moved to table the issue until a letter can
be obtained from Larry Wood, rather than sending it back to the Planning
Commission.
Director Lancaster asked if there was some way of finding out if Planning
Commissioners object to the request as it is now being presented. The
Mayor said the commissioners could be polled.
Norman Gabbard, owner of property on Velda Court, told the Board he objected
to the rezoning. He said he owned eight houses which he rents primarily to
older persons. He said he would never have dedicated Velda Court to the
City if he thought the cul de sac would be opened. The Mayor pointed out
that Pinnell was proposing to open the cul de sac just to. Lot 13, not to
Rutledge Lane.
9.1
9.2
9.3
9.4
9.5
Upon roll call, the motion passed, 7-0. 9;6
Director Lancaster pointed out that the Planning Commission has not had an
opportunity to hear this new information, and said he preferred that they
review it.
--The meeting was recessed at 9:25 p.m. and reconvened at 9:40 p.m. --
9.7
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FB0 RENEWAL
January 5, 1988
10.1 The Mayor introduced a resolution authorizing the Mayor and City Clerk to
renew the lease and fixed base operator's contract with Aero -Tech Services,
Inc., for use of space at the Fayetteville Airport. She said Aero -Tech
wishes to exercise their option for a three-year extension in•accordance
with their contract.
10.2 Airport Manager Dale Frederick told the Board negotiations have been entered
into and, at the Board agenda meeting, the staff recommended a CPI increase
only. He said some concern was expressed at the agenda meeting about the
rates and charges and at this point they have been unable to come to
satisfactory terms. He recommended the Board approve the three-year
extension with rates to be held at their present scale, until a professional
appraisal can be completed. He recommended that the results of the
appraisal be used to set the new rates for the next three years, to be
retroactive to March 1, 1988.
10.3 Director Martin, seconded by Marinoni, moved approval of the recommendation.
10.4 Director Kelley asked when an appraisal would be done. City Manager
Pennington said the costs of an appraisal have not been included in the 1988
budget and, if the motion is approved, something else will have to be cut
from the budget in order to include funds for the appraisal. Frederick
estimated costs may amount to as much as $5,000. In answer to a question
from Director Hess, Pennington said he was in agreement with the
recommendation if an appraisal is done Director Martin said he thought
Frederick's suggestion was sound. Bumpass asked if the Board could be
informed regarding when an appraisal could be done.
10.5 The City Manager recommended, if the motion passes, that the Board authorize
the staff to advertise for and secure a consultant to do the appraisal.
10.6 Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 1-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
10.7 Director Lancaster noted that preliminary estimates show that 101,592
passengers were boarded at the Airport in 1987. Congratulations were
extended by the Board to the Airport staff.
10.8 Director Kelley, seconded by Marinoni, made a motion to authorize the City
Manager and administrative staff to advertise for an appraisal for the
Airport. Upon roll call, the motion passed, 7-0.
1
CONDEMNATION
January 5, 1988
?.1
The Mayor introduced consideration of a resolution authorizing the 11.1
initiation of condemnation proceedings against two tracts of land located in
Block 6, between Dickson and Spring Streets and between School and West.
Avenues, for the site of the Walton Arts Center. The Mayor said the Bulls '
Eye Pub has agreed to a settlement, so -that only one tract is under
consideration, that owned by John and David Banks.
Director Lancaster, seconded by Martin, moved to approve a resolution.
The Mayor explained the Banks' property included The Back Forty, Swift's,
the storage warehouse and Riverside Antiques. Hess said the City's offer
was 10% over the $218,000 appraisal price. The Mayor said the City's offer
totaled $239,800 and the counteroffer.was $300,000. ,
Upon roll call, the motion passed, 6-0-1, with Bumpass abstaining since he
will be handling some condemnations in that area
RESOLUTION NO. 2-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
ADVERTISING LEASE
The Mayor introduced a resolution authorizing the Mayor and City Clerk to
execute renewal of a one-year lease agreement with Harborage, Inc. (the
Holiday Inn) for advertising display space at the Fayetteville Airport
terminal building. She said the monthly rate would remain at the 1987 rate,
or $80 per month.
Director Kelley, seconded by Marinoni, made a motion to approve the lease.
Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 3-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
LIMOUSINE LEASE
•
The Mayor introduced a resolution authorizing the Mayor and City Clerk to
execute renewal of a one-year lease agreement with Charles Cole for a
limousine rental booth and two parking spaces at the Fayetteville Airport..
She explained there is an increase proposed, of $3.48 above last year's
amount, total monthly rent amounting to $142.73. Johnson explainedrlanguage
about the relocation which took place in 1987 would be deleted.
Director Lancaster, seconded by Kelley, made a motion to approve the
resolution. Upon roll call, the motion passed, 7-0.
11.2
11.3
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11.5
11.6
11.7
11.8
January 5, 1988
RESOLUTION NO. 4-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
FUEL FEES
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12.1 The Mayor introduced an ordinance amending the City Code to amend flowage
fees charged at the Fayetteville Municipal Airport. The Mayor explained the
ordinance would change as follows:
12.2 (1) Flowage fees will apply to all persons supplying aviation or
automotive fuel at the Airport;
12.3 (2) The $.06 flowage fee will be changed to $.05 in order to treat all
airport tenants equally (distributors will continue to pay a $.01
fee);
12.4 (3) Flowage fee will be paid on all fuel "delivered to the Airport"
rather than on fuel "supplied to any airplane";
12.5 (4) "Bills of lading" will be required to be remitted monthly rather
than "supplier's records" to improve accountability.
12.6 The City Attorney read the ordinance for the first time. Director
Lancaster, seconded by Kelley, made a motion to suspend the rules and place
the ordinance on its second reading.
12.7 Director Bumpass asked if the staff had contacted affected persons to let
them know this ordinance would be considered by the Board. Airport Manager
Frederick said this was not done. He said the ordinance would simply
clarify the language in the ordinance, and was more of a housekeeping and a
bookkeeping item.
12.8 Frederick said no one at the Airport would be surprised at this change to
the ordinance, and all of them were aware of it, although they were not
notified between the agenda meeting and the Board meeting.
12.9 The City Attorney suggested the ordinance be left on first reading until
notification can be provided.
12.10 Upon roll call, the motion failed, 4-3, Directors Marinoni, Johnson,
Lancaster and Kelley voting for the motion, and Directors Hess, Bumpass and
Martin voting against the motion.
12.11 The ordinance was left on first reading (for lack of five affirmative
votes).
1
RECORDS DESTRUCTION
January 5, 1988
J ',
The Mayor introduced a resolution authorizing the City Clerk to destroy 13.1
certain records andsupport documents.
Director Bumpass, seconded by Martin, moved approval of the resolution.
The Mayor noted the records in question were preserved on microfiche and 13.3
microfilm, and have been kept for the prescribed period of time according to
the law.
Upon roll call, the motion passed, 7-0. 13.4
RESOLUTION NO. 5-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
MUNICIPAL JUDGE SALARY
The Mayor introduced an ordinance amending the City Code to set the salary
and duties of the Fayetteville Municipal Judge.
The City Attorney told the Board that the ordinance was included in the
agenda just as a reminder to the Board that it had been discussing the issue
of making the Municipal Judge a full-time position and, some time this year,
a decision should be made on that issue. He told the Board they did not
have to adopt the ordinance at this meeting. He advised the Board to
resolve the 1987 salary issue at this meeting.
13.5
13.6
The Mayor said she did not believe the Board should be considering alcost- '13.7
of -living increase because the State legislature only deals, with salaries
and does not apply cost -of -living increases for the prosecuting attorney or ..
any other judges. The Mayor said she would approve a salary increase.
The City Attorney told the Board the statutory range, under existing 13.8
legislation, is $30-50,000. ,
Director Martin asked if there was a staff recommendation. City Manager '13.9
Pennington referred the Board to Administrative Services Director
Linebaugh's recommendation included in the agenda. Martin asked if
Linebaugh's recommendation was $33,510. Bumpass noted Linebaugh's
recommendation also included another figure of "no more than $38,000".
Linebaugh said his other recommendation dealt with a -full-time judge.
Hess said he had no problem with $33,5004 or $38,000, and would recommend
approval of $33,500 for 1987. Hess said he hoped the Board could finalize a
salary for a full-time judge in 1988 at the next agenda meeting. Hess so
moved, seconded by Martin. Hess clarified that his motion was for $33,500
for 1987, retroactive to January 1, 1987. The Mayor remarked that a full-
time judge position could only take affect on January 1, 1989. Martin
13.10
January 5, 1988
14.1 commented that, if approved, this would mean a $4,500 increase to the
Judge's salary in 1987. He agreed a recommendation needed to be made for
1988.
14.2 Judge Williams was present and given an opportunity to speak by the Mayor,
but made no comments.
14.3 Upon roll call, the motion passed, 6-1, Marinoni commenting that he voted
against the motion because he was in favor of a slightly higher salary.
14.4 Director Bumpass asked the staff to consider $36,000 for the 1988 salary.
He said since the position is elected, the Board might consider referring an
ordinance to a vote of the people, on the question of whether or not they
think a full-time judge would be appropriate and on the question of
establishing a basis upon which compensation could be levied outside of the
City Board. Bumpass noted that this is done with State judges, and the
legislature is now getting recommendations from an independent commission on
salaries for circuit and chancery judges. Judge Williams agreed this was
correct. Bumpass said he would ask for an opinion from the Washington
County Bar Association, for the Board to consider.
14.5 The City Attorney advised the Board that the Washington County Quorum Court
would have to approve any salary increase, and then contribute half the
amount.
OTHER BUSINESS
HOUSING AUTHORITY APPOINTMENT
14.6 The Mayor announced that the Housing Authority Board of Commissioners
reappointed Sherman Morgan for a term to run from December 28, 1987 to
December 28, 1992. The City Attorney advised the Board that, according to
the statutes, the Board should ratify that appointment.
14.7 Director Lancaster, seconded by Marinoni, moved approval of the appointment.
Upon roll call, the motion passed, 7-0.
DON GRIMES VS. CITY
14.8 The City Attorney asked the Board to consider the settlement offer in the
matter of Don Grimes vs. City of Fayetteville. The Mayor explained the
proposal by attorney for Grimes was to settle for 3/4 of the vacation pay.
14.9 Bumpass, seconded by Kelley, moved to reject that offer and not entertain
any more offers. Upon roll call, the motion passed, 5-0-2, Marinoni
abstaining because of "an affiliation I can't explain at length", and
Lancaster abstaining because "I ve been accused of a conflict."
•
January 5, 1988
LAKE FAYETTEVILLE REQUEST
1t)
The Mayor recommended the request from Fayetteville School Superintendent -15.1
regarding future of Lake Fayetteville. Environmental Study Center be placed
on the next agenda.
ROAD RUNNER APPLICATION FOR BEER PERMIT
The City Attorney told the Board that the Road Runner's application for a
retail beer permit for off -premise consumption at convenience grocery stores
is contrary to a local ordinance. He recommended that, in the future, if
the Board desires to oppose an _alcohol-related permit application, his
office be authorized to oppose the application at the administrative level
since any appeal to Circuit Court is merely a review of the administrative
record. He advised the Board a proper administrative record needs to be
made if they hope to prevail at the court level.
Director Lancaster, seconded by Marinoni, made a motion that the City
Attorney represent the City to uphold the ordinance. Upon roll call, the
motion passed, 7-0.
Director Bumpass said he had heard some petitions would be circulating in
town to send to the ABC. McCord said, if organizers would contact him, he
would assist in drafting a petition to include with the Board's letter of
opposition.
SOFTWARE MAINTENANCE CONTRACT
Public Safety Director Coates told the Board a contract must be approved for
the maintenance of the "Chiefs" software used in computer-aided dispatch.
He said research has shown the only company which can maintain the software
is the company which developed it. He asked for a bid waiver and approval
of a contract in the amount of $435 per month, for a total of $5,220 per
year. He said the contract has been approved by accounting staff, budget
staff and purchasing officer.
The City Attorney read an ordinance for the first time. Director Bumpass,
seconded by Kelley, made a motion to suspend the rules and place the
ordinance on its second reading;
In answer to a question from Director Hess, Coates said funds were included
in the budget for this expense. It was clarified that the original cost of
the software was $65,000, discounted from $72,000.
Upon roll call, the motion passed, 7-0. The City Attorney read the -
ordinance for the second time. Director Bumpass, seconded by Kelley;'made a
motion to further suspend the rules and place the ordinance on its third and
final reading. Upon roll call, the motion passed, 7-0. The City Attorney'
read the ordinance for'the third time. Upon roll call, the ordinance
passed, 7-0.
15.2
15.3
15.4
15.5
15.6
15.7
15.8
U
January 5, 1988
ORDINANCE NO. 3323 APPEARS ON PAGE .t1 G OF ORDINANCE AND RESOLUTION
BOOK XX/ V
HIGHWAY 45 TRUCK TRAFFIC
16.1 Mayor Johnson asked if citizens were notified of the State Highway
Departments' recent response to the City regarding truck traffic on Highway
45. City Manager Pennington said the Traffic Superintendent has been asked
to communicate with the citizens.
16.2 Director Martin expressed disappointment in the Highway Department's
response. He said that the citizens had been told the City could not
prohibit truck traffic but hoped at least to notify trucks entering the
City, particularly from the east, of alternative routes. He remarked that
the Highway Department's response is stated in such a way that it seems they
either misunderstood the City's request or the City requested them to
prohibit truck traffic. City Manager Pennington said when he arrived it was
conveyed to him that there was a desire to prohibit truck traffic.
Pennington said he would research the files to find what was sent to the
Highway Department by the Public Works Director. Other Directors commented
that they remembered the Board agreed the City would post signs to inform
truck traffic of alternate routes.
16.3
Martin quoted from minutes of a July 21, 1987 Board meeting which state:
16.4 "Burch said the staff proposes a solution of posting signs at the
southern and northern entrances to the City for trucks to use the
bypass, and posting signs at the eastern entrance to the City. Burch
said truck traffic with legitimate deliveries will not be eliminated.
Director Martin commented that this was splendid but remarked that he
found the argument against loss of maintenance funds to be fairly
uncompelling. Martin moved that staff proceed with the approach
proposed by Burch. The motion was seconded by Marinoni and was passed,
7-0."
16.5 The Mayor suggested the staff check the files to determine what was said in
correspondence with the Highway Department.
BOARD RETREAT
16.6 It was decided to set aside one eight-hour day for the Board to have a
retreat. City Manager Pennington said he intended for the Board to address
policy matters at this session. Saturday, January 16, 1988 was set for the
retreat, to begin at 9:00 a.m. in Room 326.
NO SMOKING POLICY
16.7 Director Bumpass asked if the new "no smoking" policy in
applied to City Hospital. City Manager Pennington said it
the City does not operate City Hospital. He commented,
City facilities
did not, because
however, that he
1
a
4
January 5, 1988
thought it would be in the best interests of the hospital to have such a 17.1
policy.
MINUTES
The minutes of the December 15, 1987 meeting were approved with the 17.2
following correction:
415.4 .Change "an air sampling study" to "a financial audit"
424.2 Delete
425.4 Change "chicken feed" to "chicken feet"
The minutes of the December 30, 1987 board agenda meeting were approved as
distributed.
ADJOURNMENT
The meeting was adjourned at 10:40 p.m.
17.3
17.4