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HomeMy WebLinkAbout1988-07-19 MinutesMINUTES OF A REGULAR MEETING OF THE CITY BOARD OF DIRECTORS A regular .meeting of the Fayetteville City Board of Directors was held on Tuesday, July 19, 1988 at 7:30 p.m. in the Directors Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Johnson; Directors Martin, Kelley, Marinoni and Bumpass; City Manager Pennington, Assistant City Manager Linebaugh, City Prosecutor Jones, City Clerk McWethy, members of the staff, members of the press and audience. ABSENT: Directors Lancaster. and Hess CALL TO ORDER The meeting was called to order by the Mayor with five Directors present. The 246. Mayor asked for a moment of respectful silence. CITY MANAGER'S REPORT City Manager Pennington presented the monthly report to the public and Board for 246. the month of June. Pennington began by reporting on revenue and expenses for June. [Monthly report in written detail was distributed to Directors and is on file in the City Clerk's Office.] Reporting on the Arts Center project, Pennington said this was moving ahead and 246. demolition of buildings will be scheduled in the very near future. Pennington reported the Warner Cable franchise renewal was continuing and the 246. staff had received some final comments from Warner Cable He said a few areas still needed to be defined before it is submitted to the Board for their review and for public hearings. Pennington reported that there were a number of little, internal problems with 246. the Wastewater Treatment plant but the project was moving along smoothly. He said the plant was operating but there would be odor problems from time to time because of bringing certain clarifiers on line. Pennington said there was very little to report on the actions of the 246. disengagement from the incinerator project. He said all parties were still in the process of gathering a tremendous amount of data and financial statistics from the contractor, M -K Ferguson. He said progress was moving along at arapid pace. Pennington announced that a grant had been awarded to the City's Police 246 Department for a drug enforcement program He said it was not awarded at the level which was requested. 247 July 19, 1988 47.1 Pennington said the newspaper had reported Fayetteville's crime rate as compared to the nation's crime rate, and he said our city was doing rather well. 47.2 Pennington said it was important the Board be aware of the weed control project which the staff has instituted. He said it was similar to projects in other communities. He said there had been a number of questions relative to the program and asked Public Works Director Batie to make some comments. 47.3 Mike Batie said the city had received questions about the weed control program. He said a memo of July 12 which was sent to the Board outlined the intent of the program. He said it was a three-phase program. (1) weed control; (2) cleaning of weeds and sealing cracks in streets, sidewalks and curb and gutter to ensure that infrastructure is well-maintained; and (3) implementation of a turf maintenance program in the right-of-way, especially in longer stretches where there has been perpetual non -maintenance. :47.4 Batie said areas targeted for spot -treatment, applied by a wand and not by a broadcasting program, are (1) weed control in or adjacent to the sidewalk and curb and gutters, (2) weed and small brush control at blind corners, sidewalk obstructions, bridge and guardrail abutments, traffic control signs and poles, and (3) other areas that cannot be maintained by mowers. !47.5 Batie said the city had received comments on the type of herbicide being used. He said Konokil was used for the first week but the city ceased using it because of its high odor. He said WSA-6 is now being used which doesn't have as much odor. He said he heard concerns recently about using this on a sidewalk area. He said the city has no problem with looking at other herbicides which will do a good job in the sidewalk areas. He said employee Bob Kelly as an ongoing project has been looking at herbicides and talking to area experts in the field. He said the city feels the program is proper and is getting very good results. 247.6 Director Martin asked Batie to comment on the toxicity of the herbicide being used. Batie said the city asked for further information from EPA (Region 6 in Dallas) while evaluating herbicides. He said the EPA's opinion was that the toxicity was about 2/3 that of aspirin if it is used properly and that Kelly had other information that substantiates that. He said if a better material can be found that will take care of the weed control problem, the city will use that. 247.7 Bob Brandon, speaking from the audience, said that large areas had been sprayed which were other than at intersections and sidewalks and which either bordered or were on private property, and contained flower beds. He said photographs had been taken to show that fact. He questioned whether or not the material had been applied properly. He asked if there were going to be dead trees found three or four months from now due to the fact that the herbicide will kill trees. He asked what the city would do if trees died on private property because of the herbicide. He asked why people had not been notified who might have wanted to flag their flowerbeds to alert the city not to spray them. 247.8 Batie said the program was standard in most cities for the maintenance of right- of-way. He said the city was not spraying flowerbeds or trees, but was spraying July 19, 1988 248 inside the right-of-way. He said he received no calls from people with 248, flowerbeds or gardens on private property. Pennington saidin17 years he had never seen a tree killed from a herbicide program Director Martin commented that if a tree were destroyed by the herbicide program 248. citizens should notify the City Manager's office. Pennington agreed, stating the City would need to know and would certainly want to replace it. Pennington added that it was not the business of the city to kill trees. He 'said we wanted to preserve our trees but also wanted to preserve the safety and the aesthetic appearance of the city. - John Adams, speaking from the audience, said he measured a puddle of herbicide .on the sidewalk across the street from his house to be 8" x 14". He said herbicide directions say don't use it on sidewalks. He said using wands is sloppy and causes puddles. He asked Batie if he knew the toxicity of aspirin to trees. Batie said using the herbicide in this manner is not harmful to trees. Martin asked Batie if that was based on his experience. Batie said it was based on experience as well as information from EPA. He said he used it in another city and did not have a tree problem. • Director Kelley asked if citizens could suggest other herbicides to Mike Batie. Batie said he had an open-door policy. • 248. 248 Pennington said some concerns which have been expressed have been• closely:looked 248 at by staff in the field. He said, unfortunately, a number of the situations .were technically in violation of the City Code of Ordinancesi because of things such as the height of weed growth. He said the city had not enforced the ordinance against individuals. A member of the audience read a statement which related a conversation she had with Mike Batie regarding this issue. Sheconcluded by stating that, in her opinion, according to the label on the herbicide, the city is in clear violation of the directions and in violation of federal law. A citizen in,the audience said that WSA-6 was not licensed for use anywhere in . Arkansas. • A citizen in the audience said directions are given on the label of the herbicide on• how much to use to kill oak, willow,,sumac, cottonwood, redbud and other trees. He said it was the same concentration used on dandelions and weeds. He said it would take months for it to show upon the trees. Batie said the city was trying to do an adequate program within the right-of-way and would continue to use proper methods. He said he didn't know' what law governed the city's ability to maintain the public right-of-way. but every city he had ever heard of had been charged with maintaining the right-of-way. A citizen in the audience said the citizens of Fayetteville had formed a group called "Citizens Against Herbicides." He read a statement -.to the Board which expressed concerns,that the use of herbicide poisons in Fayetteville was -an 248 248 248 248 248 C July 19, 1988 ?49.1 unacceptable method of controlling weeds, that it seeps into the soil and poisons trees and other beneficial plants and heads on into the water table, that citizens use that water and inadvertently poison themselves. He said the city was subjecting itself to the risk of property and medical claims from the public, and especially from the workers using the herbicide. He read the warning label for WSA-6. He said Batie had been approached and asked to discontinue the use of herbicides but has refused. He said his group asks the Board to put an immediate end to the use of herbicide WSA-6 and take measures to ensure that the health of the community will not be compromised by the use of any other herbicides. ?49.2 249.3 Bruce Cully, speaking from the audience, said short-term use of WSA-6 was far from being the most effective herbicide that can be used. He said you can't be as selective when you use a herbicide that works through the roots of the plant as you can be when you use one which is simply sprayed on the leaves of the plant. When asked by the mayor if he recommended another type, Cully said he had used 2-4 D on poison ivy and it only works on leaves. He said he was not sure of its toxicity level. Cully said he thought the city would be better off enforcing Ordinance 2076 which says that owners of property are in charge of taking care of the right-of-way. He said he thought more enforcement would take some of the heat off the city in terms of manpower, the use of chemicals and possible litigation. Cully suggested the city have a long-term policy for environmental issues, and a committee made up of people educated in environmental issues who could review these sorts of things. Cully said he thought this would avoid citizens having to cause a row. The Mayor said she believed the right-of-way maintenance program had been slighted by the city for many years and one of the problems is that now the city has begun an active weed control program beginning with the herbicide use. She said after the weeds are cleaned out the city will use a simple maintenance program. She said it wasn't the city's intention to continue the herbicide practice to the point that there would be a harmful build-up. 249.4 A citizen in the audience said his research on the WSA-6 shows it takes very little concentrations to destroy leaves, green plants and trees. He added that 2-4D was paraquat and all you have to do is get it on your skin and it can cause fibrosis of the lungs. He suggested the city use money slated for new road construction to pay for mowing and pruning. 249.5 Director Bumpass said about four years ago persons with fines assessed against them in Municipal Court were being used by the city to work off their fines to clean up the rights-of-way. Pennington said the city still had that program but the problem was the number of people required and the times they are available simply do not match. He said the judge had been assigning those people primarily to a lot of private agencies in the city. He said an additional problem is the city has to pay a supervisor to work with the people. He said a maintenance program is labor-intensive and would cost a lot of money. 249.6 The Mayor asked Batie to continue looking into other herbicides and work with the citizens. Batie said he would continue to do that. CONSENT AGENDA The consent agenda was introduced by the Mayor. July 19, 1988 Director Bumpass asked for separate discussion on item H: Authorizing approval of a letter of engagement between the City and the firm of Nixon, Hargrave, Devans and Doyle, for legal services in connection with the withdrawal from the solid waste resource recovery project. Director Marinoni asked for an explanation of the $67,000 budget adjustment requested in conjunction with the bid awards for sewer rehabilitation equipment, noting that $67,000 is already budgeted in the Shop Fund for some of the equipment. Linebaugh said he was suggesting leaving the $67,000 in the budget to be used in 1989 for purchasing equipment at that time He explained that the shop fund has that expense but also has revenue coming in from the Water and Sewer Fund from charges to pay for the expense. He said revenues don't:come in all in one year but over several years. He explained that money•is in the Water and :Sewer .Fund which can be used for the sewer rehabilitation equipment. It was moved by Director Kelley and seconded by Director Martin to approve the consent agenda with the exception of item H. Upon roll call; the motion passed, 5-0. 250. 250. 250. 250. [Below are those items contained in the approved consent agenda: : Minutes of the July 5, 1988 Board meeting; 250. Award of.Bid #847 for two sanitation rear loaders and a budget adjustment in 250. the amount of $11,956, to one of two bidders meeting specifications, Ozark Truck Sales of Springdale, bidding $117,156. Award of Bid #845 for a van -mounted television inspection system with two 250. cameras to the low bidder, I:C.M. of Arkansas, bidding $81,000; award of Bid #848 for a self-contained hydraulic fusion unit to the only bidder, McElroy Manufacturing, Inc. of Tulsa, Oklahoma, bidding $19,106; :and a budget adjustment of $67,000. Award of Bid #852 for a construction contract for street improvements to the only bidder, APAC-Arkansas, Inc., McClinton -Anchor Division, - bidding $263,467. Extension of above contract to include in-house street maintenance projects;: and a budget adjustment in the amount of $48,273; Award of Bid #854 for a construction expansion joints, to the lowest Company, bidding $13,800; 250. 250, contract to repair Lake Sequoyah bridge 250. of two bidders, Jack Burge Construction An increase in the schedule of parking rates for the parking lots operated by Republic Parking System at the Fayetteville airport, as follows: 250. 251 51.1 Current Proposed 0-2 hours $ .50 $ .75 Each additional hour .25 .50 Maximum each 24 hours 3.00 3.50 July 19, 1988 51.2 Resolution authorizing a one-year lease with John Ashbaugh for rental of T - hangar space at the Fayetteville Airport at $115 per month; RESOLUTION NO. 56-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 51.3 Resolution authorizing a one-year lease with S. F. Ahmed, dba Mountain Inn, for direct airport-hotel/motel telephone space at the Airport at $20 per month.] RESOLUTION NO. 57-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK LEGAL SERVICES/INCINERATOR DISENGAGEMENT :51.4 The Mayor introduced approval of a letter of engagement between the City and the firm of Nixon, Hargrave, Devans and Doyle, for legal services in connection with the withdrawal from the solid waste resource recovery project. 151.5 Director Bumpass asked if there was a budget figure for the legal fees involved. City Manager Pennington said they were working on a budget figure of roughly $300-350,000, depending on the amount of work and travel. He said there were no guarantees but hourly rates and a projection of the number of hours which will be used were available. ?51.6 Director Bumpass asked from where the fees would be paid. Pennington said the recommendation before the Board was that the City contract directly with the firm and pay the legal expenses, keeping the Authority and the City as separate entities. Pennington said the City will either pay for it now or possibly pay for it later. ?51.7 Bumpass said when the election was held it was anticipated that sanitation rates would be increased in 1987 which he noted had not been done. Mayor Johnson said they were projected to go up in August of 1987. Bumpass asked if the city shouldn't raise the rates now when it is facing a $350,000 legal expense. Pennington said there will be an additional cost for getting out of the engagement, the legal fees, and the $100,000 increase in the sanitation rate. He said right now one of the questions before the firm is when will be an appropriate time for the rate increase, or what kind of recommendation will they made to the Board for paying for the project. Pennington said the City has the largest interest in the overall program Bumpass said it seemed to him that, when there is a substantial expense and other potential expenses, the rates July 19, 1988 252 should be raised before the public forgets that they voted to not stay in the 252 project yet pay higher sanitation rates. Pennington assured Bumpass the rates would be raised (in the form of an ordinance) before the voters forget the election. Pennington said the law firm would also use outside financial consultants to review Fayetteville's bond position. Bumpass said a clear signal should be sent to the bond rating agencies that the City is willing to raise the rates to pay the expenses. Director Martin, seconded by Director Kelley, moved approval of the letter of engagement. Director Marinoni said original figures presented to the Board for the legal fees were in the neighborhood of $250,000. Pennington said his estimate of $350,000 for legal fees includes the retention of an engineer to review the M -K Ferguson contract and • verification of materials. Marinoni said it seemed the amount should be nailed down to a more specific figure. Pennington said he didn't know how that could possibly be done since the project has so many elements which changes the number of hours involved. 252 252 Bob Brandon, speaking from the audience, said he had written; the Mayor and City 252 Attorney requesting some information regarding what discussions had been held to this point with the attorneys. He said, to date, no information has come forth about what alternatives are being considered, who has been, party to discussions and what records are being kept and how the public is going to have 'access to records. The Mayor responded that Brandon had not written her a letter requesting information but that she had received a copy of a letter to .Nixon, Hargraves, Devans and Doyle. Pennington said Nixon, Hargraves, Devans and Doyle have been designated as project leader. The Mayor said the information is being prepared by the firm and she had no access to the information they are gathering. Brandon asked if they city had any information. The Mayor said the firm was in a fact -gathering phase and will present a complete package to the Board when that phase is completed. -.Upon roll call, the motion passed, 5-0. - 252 BID WAIVER/GEOTECHNICAL INVESTIGATION The Mayor introduced a request for an ordinance waiving the requirements of 252 competitive bidding for geotechnical investigation of the Walton Arts Center site. The City Prosecutor read the ordinance for the first time. Director Bumpass, 252 seconded by Kelley, made a motion to suspend the rules and place the ordinance on ,;its second reading. Upon roll call, the motion passed, 5-0. The ordinance was-- :read as-read for the second time. Director Bumpass, seconded by Marinoni, made a motion • to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the third time. 400 ?53.1 July 19, 1988 Director Martin commented that, if he had been asked before the work was done whether he would approve it, he would have approved it; and being asked after the work was done to approve it, he will approve it. Martin asked that, in the future, work not be done before it is approved. He commented that it was not the correct procedure, that it was a mistake that everybody admitted was a mistake, but it should not be a mistake that occurs again in the future. He said if it occurred again he would not vote for it, even if he would have approved it before it was done. ?53.2 Pennington said Martin was very correct. He told the Board the City and University had met with the group which had the service done and advised them of the specific rules and regulations of both the University and the City and have been assured that it will not ever happen again. Pennington said, if it did happen again, and even if the City Board said it was okay, he did not believe the University would agree to pay the expense. ?53.3 Upon roll call, the ordinance passed, 5-0. ORDINANCE NO. 3366 APPEARS ON PAGE Ss-‘ OF ORDINANCE AND RESOLUTION BOOK XXi� OTHER BUSINESS REMARKS FROM PUBLIC SAFETY DIRECTOR 253.4 Public Safety Director Marty Coates addressed the Board, stating this was his last Board meeting since his resignation. He expressed his gratitude to former and present staff members and to the City Board, and spoke about some of the accomplishments of the Public Safety Department during his tenure. Coates said he felt the management and elected officials sometimes lose sight of the fact that the city's most important asset is its employees. He said it seemed the private sector recognizes the value of their employees to a greater degree than does the public sector. He said he thought it was important that all city employees know they are very important. He said he thought the city was fortunate to have the quality of employees that it has. ADJOURNMENT 253.5 The meeting was adjourned at 8:30 p.m.