HomeMy WebLinkAbout1991-01-02 Minutes13-
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MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was
held on Tuesday, January 2, 1991 at 7:30 p.m. in the Directors'
Room of the City Administration Building at 113 West Mountain
Street, Fayetteville, Arkansas.
PRESENT: Mayor William Martin; Directors Michael Green,
Ernest Lancaster, Russ Kelley, Paul Marinoni, Jr.,
Shell Spivey, and Fred Vorsanger; City Manager
Scott Linebaugh, City Attorney Jerry Rose, City
Clerk Sherry Thomas; and newly elected Board
members, Bob'Blackston, Dan Coody, Ann Henry and
Julie Nash; members: of the staff, press and
audience. +«
CALL TO ORDER
The meeting was called to order by the Mayor, with seven Directors
present. The Mayor asked those present to°stand and recite the
Pledge of Allegiance, and then asked that. a brief moment of
respectful silence be observed. ,
The Mayor welcomed those: present in the audience, and those
watching the meeting on television.at home. He explained that the
tgoing City Board members would turn over the reigns to the newly
elected Directors to the- city for, the next two years. Each
outgoing member gave some closing comments before the new Board was
duly sworn. The city of Fayetteville presented each outgoing member
with a gift as a token of appreciation for .their service.
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Mayor Martin recessed the, meeting at this point to enable Judge
Charles Williams to induct the new Directors.
SWEARING IN OF NEW DIRECTORS
Following a brief recess,
elected, convened at the
Directors were sworn in.
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all Directors, both continuing and newly
table, at which time the newly elected
s
Judge Charles Williams administered the 'Oath of Office to the
Directors -elect Bob Blackston, Dan Coody, Ann Henry and Julie Nash.
Judge Charles Williams also administered the Oath of Office to
newly appointed Interim Municipal Judge Rudy Moore.
The City of Fayetteville presented Judge Charles Williams with a
gift, as a token of their appreciation for his service.
ELECTION OF MAYOR
The newly installed Board made its selection of the Directors to
serve as Mayor and Assistant Mayor.
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January 2, 1991
Director Fred Vorsanger was nominated to serve as Mayor of the City
of Fayetteville. There were further nominations. Upon roll call,
the nomination was approved by a vote of 7 to 0.
Director Mike Green was nominated to serve as Assistant Mayor of
the City of Fayetteville. There were no further nominations. Upon
roll call, the nomination was approved by a vote of 7 to 0.
RULES OF ORDER AND PROCEDURE
The Mayor introduced The Rules of Order and Procedure which are
generally developed guidelines to govern the conduct of City Board
of Directors meetings and the relationship between the City Board
and the City Manager. Rules such as these are customarily adopted
as each new City Board initiates its term.
Henry, seconded by Green, made a motion to approve the current
Rules of Order and Procedure.
Director Michael Green expressed his desire to place an amendment
to the rules under Section A, paragraph 3, page 1, 4.01. That
currently reads, "Special meetings may be called by four or more
members of the Board, or by the Mayor." The proposed amendment
would read, "Special meetings may be called by four or more members
of the Board, by the City Manager with concurrence of four or more
members of the Board, or by the Mayor." That would allow a special
meeting to be called when an emergency arises and the Mayor is not
available.
Green, seconded by Henry, made a motion to approve the amendment to
the Rules of Order and Procedure. Upon roll call the amendment was
unanimously adopted.
Director Ann Henry expressed her desire to place an amendment to
the rule on page 4.03 entitled "Duties and Privileges of Board
Members at Board Meetings." She suggested that this rule, which
applies to the Board, should also include the public, reading "that
any member of the public shall accord the utmost courtesy to each
other, to employees and to members of the Board, and refrain from
rude and derogatory remarks, reflections as to integrity, abusive
comments and statements as to motives and personalities." This
should encourage other people which are reluctant, to come down and
state their opinions.
Henry, seconded by Green, made a motion to approve the amendment
to the Rules of Order and Procedure. Upon roll call, the motion
made by Henry, to amend the rules was passed with a vote of 6 to 1,
with Director Coody voting in the minority.
The Mayor expressed his desire to change the wording of the rule on
page 4.05, number D-1. He feels the board's agenda shouldn't be
set by the city manager. He wants to suggest the word "prepared"
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January 2, 19911
or "coordinated with the Mayor.and Board of Directors." This would
clarify the perception of this rule.
Vorsanger, seconded by Nash, made a motion to approve the change in
wording for Rule number D-1, page 4.05. Upon roll call, the motion
passed by a vote of 7 to 0.
The Mayor asked that the roll be called to adopt the overall Rules
and Regulations. Upon roll call, the amended Rules and Regulations
were adopted by a unanimous vote of the Board.
RESOLUTION 1-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOR
The Mayor expressed his preference for the entire Board to be
comprised of the Nominating Committee. Shell Spivey was asked to
serve as Chairman of the Nominating Committee.
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CONSENT AGENDA
The. Mayor introduced consideration of items which may be approved
by motion, or contracts1or' leases which`+can be approved by
resolution, and which may .by grouped .together and approved
simultaneously under a Consent Agenda. The Mayor explained that
there is thought to be unanimous agreement by the Board, but
pointed out that any Director may request ;the removal of an item
from the Consent Agenda. The Mayor:read the items contained in the
Consent Agenda as follows: "", -
A. Minutes of the December. 18, 1990 regular Board meeting;
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B. A resolution authorising the payment of $19,913.70 to the
Niblock Law Firm,for services:rendered on the incinerator
disengagement, FOIA, and Barnhart (formerly Robson)
lawsuits, and approval of a budget adjustment thereof;
The Mayor explained that the staff recommended the
approval of the'payment and the budget adjustment.
C. A resolution approving a lease agreement with the Council
on Aging, Inc.,'for the use of Sang,Avenue Senior Center
at $1.00 per year;
The Mayor explained that the staff recommended approving
the lease with the Council on Aging who provide "Meals
on Wheels" for elderly Fayetteville residents. The lease
is for a two year period from January 1, 1991 and ending
December 31, 1992.
RESOLUTION 2-91 APPEARS ON PAGE OF ORDINANCE AND 'RESOLUTION
BOOR
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January 2, 1991
D. A resolution approving Change of Order #S with Don
Mitchell, Inc., $7,5o6.21 for the Cato Springs -Highway 71
Water and Sewer Utility Relocation Project;
The Mayor explained that the staff recommends approval of
the change of order of which $2,720.68 is eligible for
state reimbursement.
RESOLUTION 3-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
Director Coody asked that Item B, which is the resolution
authorizing the payment to Niblock Law Firm, be pulled off of the
Consent Agenda and discussed separately.
Green, seconded by Henry, made a motion to approve the consent
agenda. Upon roll call, the motion was passed by a vote of 7 to 0.
CONSENT AGENDA "ITEM B"
A resolution authorizing the payment of $19,913.70 to the Niblock
Law Firm for services rendered on the incinerator disengagement,
FOIA, and Barnhart (formerly Robson) lawsuits, and approval of a
budget adjustment.
Director Coody asked City Attorney Jerry Rose, if he had spoken
with the Niblock Law Firm regarding trying to settle this lawsuit.
Rose explained he had not had a chance to meet with them because of
the recent holiday schedule. He explained that he had spoken with
Kitty Gay and Walter Niblock, who were both more than willing to
meet with Mr. Robson, under any conditions that he would like to
meet, and discuss with him any proposals that he might have.
Blackston moved that Item Agenda B, be approved, which was seconded
by Green.
Tiny Hamilton, a resident of Fayetteville, Arkansas, addressed the
Board concerning Consent Agenda Item B. He stated that Joe Robson
was no longer the class representative in the lawsuit; therefore,
he would not be in a position to negotiate. Ms. Barnhart is the
class representative for the taxpayers lawsuit. Joe Robson was
removed as class representative. Any action would be between Ms.
Barnhart and her attorneys and not Mr. Robson, who is not a party.
He also suggested to the Board that a committee be appointed to
critique the "ridiculous and excessive law fees by the D C Law
Firm."
Robert Reus, a resident of downtown Fayetteville, addressed the
Board concerning his request that the new Board members try to be
a little more conscious of where the mike is, so that they could be
heard clearly by the audience. He wanted to know if this billing
January 2, 1991
.would make the City current through December.
The Mayor responded that it would be current through October and
November.
Joe Robson, a resident of the City of Fayetteville, congratulated
the new city Board members and thanked the members who were
leaving. He agreed that Mr. Hamilton was correct in stating that
he is no longer representative of the class. He was removed at the
insistence of the city attorneys, and that the present class
representatives are also being challenged by the city attorneys.
He expressed his opinion as a citizen of Fayetteville, about the
negotiations and concern that the city's money is wisely spent. He
expressed his willingness to participate in the negotiations. He
applauds Mr. Coody for pulling the issue from the Consent Agenda.
Upon roll call, it was approved by a vote of«7 to 0 to approve the
payment of this bill.
RESOLUTION 4-91 APPEARS ON PAGE
BOOR
RURAL FIRE CONTRACTS
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The Mayor introduced consideration of an: ordinance requiring
persons living outside the city limits of Fayetteville and who
subscribe to fire protection services from Fayetteville also be
required to subscribe to their nearest rural volunteer fire
department.
OF ORDINANCE AND RESOLUTION
Staff recommends the ordinance because the rural departments are
always called in to assist in the rural area fires because of their
expertise and equipment in fighting these types of fires, and they
need to be compensated for their assistance. This would keep the
City of Fayetteville from "infringing" uponFthe rural volunteer
departments and- compensate them financially by requiring
subscriptions to both fire services: >,
This ordinance was tabled after being left on its third reading at
the December 18, 1990 Board meeting to allow staff time to obtain
additional information regarding the rural fire departments'
subscription rates. , !}'
A motion was made to take•tkiis issue off the table by Mr. Coody,
seconded by Nash. 4 C,..-
Fire Chief Mickey Jackson addressed the. Board on the complexities
of this issue. He explained that if a citizen enters into a
contract with the Fayetteville Fire Department for fire protection,
that is his fire protection. If another fire department is called
in via mutual aide agreements, payment to the rural department by
the citizen would be on a strictly voluntary basis. The volunteer
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January 2, 1991
department has no right to charge a citizen for services that were
rendered through mutual aide with the Fayetteville department.
That is one of the ways in which it is complicated.
Jackson further pointed out that the issue of "why don't we just
pay them when they come help us," is a potentially valid point,
except it opens up the door to the concept of "buying" mutual aide.
Then you get into "buying" and "selling" mutual aide among the fire
departments. Currently the departments have been able to
capitalize on the concepts of mutual aide, and make fire protection
good for everybody in the county. Jackson proposed the
establishment of some kind of mechanism to partially repay the
rural departments for coming to the aide of the Fayetteville
department and rendering the help that they give them, and enabling
the Fayetteville department to give the level of protection that
they want to give to the people outside the city who subscribe to
their services. Jackson stated that there does appear to be an
injustice there, and he would like to see it cleared up.
Jackson explained that there is a one-time membership fee and once
you are a member, you pay only the annual renewal fee to maintain
your membership in the rural, volunteer departments.
Director Coody questioned if there would be a way to waive the
initial fee to this particular fee in this particular situation and
start picking up the annual fee. Jackson responded that might be
a possibility.
Director Green pointed out that there was an injustice with that
issue. He agreed with Director Coody that the initial fee should
be waived and suggested seeing what could be done on a per call
basis.
Tom Hitt, a resident of the Fayetteville growth area just off of
Highway 112, in the Wooded Hollow/Forest Hill subdivision area
addressed the Board with his concerns about the fees collected from
the subscribing residents. It was his understanding that the money
does not go directly to the Fire Department. He explained that
this becomes an issue of economics. He explained it would be more
economical to charge per call instead of collecting high fees from
residents. It was his desire to expand the water service in the
form of the installation of water hydrants to be used by the fire
department in his area.
Cecil Vaught, a resident of Baldwin Community, commented on the
efficiency and low cost of their rural fire department, and offered
to share the ideas of the Baldwin Community with the City.
Bill Forbes, a resident of the Forest Hills subdivision served by
the rural fire department expressed his concern of how much the
fire rates have gone up in the past nine years.
January 2, 1991•.;`
Milt Warren, Treasurer of the Goshen Fire Department explained that
their fees are based on the fees that they get on a yearly basis.
They have decided to terminate the initial fee in exchange for the
payment of the yearly dues.
Director Dan Coody commented on the fact that the initial fee being
waived would make it more financially •feasible for everyone to be
able to obtain fire protection.
Sam Cordrey, who has a residence near Highway 16 East, commented
that about 10 feet of his property line lies within the city of
Fayetteville. He directed his question to Fire Chief Mickey
Jackson, asking if the rural fire departments help the city, do
they reciprocate and help them. He expressed no objections to
joining another fire department and paying the annual fee. He
explained that he was paying the city of Fayetteville yearly for
fire protection, but would like to see the initial fee waived.
Dan Nichols, who resides on.Joe Fred Starr Road, commented that the
short notice of this meeting was a bit of an inconvenience.
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Director Henry stated she did not think the citizens of
Fayetteville would want the City to purchase specialized
firefighting equipment that would be used mainly on rural fires.
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John Doty, Fire Chief of; the Wheeler Fire Department and Vice
President of the Washington County Rural Fire Association discussed
the situation about water and :how to get it to the houses that need
it. He commented on the fact that the city does not have the
ability to ration and deal with the. water situation in a rural fire
scene. He commented that the trucks required to do this are very
expensive, thus the initial fees,are needed._
The Mayor commented that he was bothered by the shortness of the
notice to the residents that the Rural Fire Contracts would be
discussed at this meeting. He pointed out'that a future meeting on
this subject might be beneficial to the residents affected. The
matter will be left on the table for future discussion.
CODE OF ORDINANCES
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The Mayor introduced an ordinance adopting the 1990 Recodification
of the City of Fayetteville's Code of Ordinances.
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City Manager Linebaugh reviewed the issue and why it needed to be
done. He explained that the adoption of this recodification began
in 1988 with input from all department heads and their staff on
recommended needs and changes. The Code has been brought up to
date and into compliance with current state statutes. There have
been no material changes in any of the existing ordinances by this
recodification.
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January 2, 1991
This item was tabled after the ordinance was left on its third
reading at the December 18, 1990 Board meeting.
Director Green, seconded by Blackston, made a motion to remove this
from the table.
Upon roll call, the motion was passed unanimously. The ordinance
was read for the third and final time. Upon roll call, the
ordinance was adopted unanimously.
ORDINANCE 3527 APPEARS ON PAGE 310? OF ORDINANCE AND RESOLUTION
BOOR X K
SICK LEAVE POLICY
The Mayor introduced a resolution adopting the definition of family
members where an employee is eligible to take sick leave the same
as the definition of family members where an employee is eligible
to take funeral leave for both the Civil Service Personnel Policy
and the General Employee Personnel Policy.
Linebaugh reviewed this issue and mentioned that a Crisis Leave
would be available for employees. There are guidelines that would
have to be followed defining a Crisis Leave.
A motion was made by Nash, seconded by Coody to adopt this
resolution, with the addition of the term "serious illness."
Director Nash suggested not limiting the time off to 3 days, rather
letting the amount of sick leave available per employee set the
limitation. Linebaugh stated sick leave is limited to 3 days
without a physicians statement, so that was the reason for the
three day limit.
Director Green agreed with Nash on using the term "serious illness"
and asked if this was the same as the old "emergency leave"
provision. Linebaugh stated the difference was that the serious
illness leave will be taken against sick leave, and the emergency
leave was extra time off not taken against sick leave or vacation.
Director Coody asked if the department directors had agreed with
this compromise. Linebaugh stated this provision had only been
brought up today, so there had been no time for discussion with the
departments.
Henry stated she would like to know the implications of this issue
before voting.
Don Bailey, Personnel Director, expressed his concern with deriving
a definition of "serious illness".
Director Spivey
by management.
Upon roll call, the resolution was passed by a vote of 6 to 1, with
Henry voting in the minority.
RESOLUTION 5-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION
January 2, 1991,
stated this would be a decision that would be made
BOOK
CIVIL SERVICE SICK LEAVE
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The Mayor introduced an ordinance establishing the amount of sick
leave paid to a person upon termination and establishing the amount
of sick leave to be accrued and carried over from year-to-year
while employed; and a resolution changing the city's contribution
to the General and ICMA Pension Plans from 6% to 9%.
Scott Linebaugh reviewed the ordinance which was read and left on
its third reading at the December 4, 1990 Board meeting. At the
December 18, 1990 Board meeting, the original ordinance was
defeated. A new ordinance was read and left on its third reading
and was tabled to allow additional time to'review the recommended
change to the general employees' pension plan contribution.
This ordinance deals with 'the benefits for:the police and fire
personnel, and deals with the•sick leave accrual and the amount of
payoff for retention and death. The staff is recommending that a
sick leave accrual of 90;days for the police, 90 shifts for the
firefighters and 90 days4for the ones that are on a daytime 8 to
5 arrangement be considered. Thespayoff+at retirement and death
would be 90 days for the police, 4 1/2 months salary for the fire,
and recommended approval.of this ordinance'in order to keep the
benefits as equal as possible under the situation and increase the
pension contribution for the general employees from 6% to 9%.
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A motion was made by Vorsanger, and seconded by Spivey to take this
issue off the table. Upon roll call, the motion passed 7 to 0.
Linebaugh commented that the city would be -exceeding the limits of
the state statute, and that is the reason'it:was required to take
this action.
The Mayor inquired about page 10.05,.having to do with the Civil
Service Sick Leave Policy. He expressed his support of changing
the retirement contribution for general/employees. That is too low
as compared to the otheremployees. Ontpage 10.05, under Civil
Service Employees for 1990,,it says, "Police - 12%, and there 26
participants in that. Fire - 12%, and there&are 27 participants,
and then it has police at 16.56, with 39participants, and then
fire at 15.65% and 29 participants. Listed underneath that is
state insurance turn -back funding for fire•and police. Then there
is property tax funding for fire and police." He then asked if all
of those were added to that retirement.
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January 2, 1991
Mr. Linebaugh explained that there were two different plans. What
is being shown is what the taxpayers are out dollar -wise. The
Mayor stated the fire and police departments were getting at least
16% plus, and regular employees are getting 6%. Raising them from
6% to 9% is a step that should be taken, according to the Mayor.
Mr. Linebaugh pointed out that the Civil Service employees do not
receive Social Security, but the regular employees do.
Director Green expressed his concern on where the money would come
from. He pointed out that a budget retreat was in the near future,
and maybe some measures could be taken then to decrease the budget.
Director Henry responded that the statute states that it can
accumulate to a maximum of 60 days, and if we want to go over 60
days then we can pass by ordinance, but no more than 90 days.
Basically, we would be paying for 30 more days of accumulated leave
than what we were mandated to upon termination.
Director Green stated that bringing it up from 6% to 9% would bring
the city up to the bottom range of what is generally accepted in
our situation.
Director Nash expressed her support of being good to the people
that work and do a good job for the City, and suggested that this
be accepted.
Linebuagh pointed out that
reading and passage of the
amount of sick leave. Then,
approved that increases the
employees.
the ordinance was left on its third
ordinance is needed to increase the
there is a resolution that needs to be
pension contribution for the general
Vorsanger, seconded by Spivey, made a motion to approve the
ordinance.
Upon roll call, the motion was approved by a vote of 6 to 1, with
Henry voting in the minority.
ORDINANCE 3528 APPEARS ON PAGE39' OF ORXD MICE AND RESOLUTION BOOR
The Mayor then moved that an increase from 6% to 9% be implemented,
effective January 1, 1991. The motion was seconded by Nash.
Upon roll call, the increase was passed by a vote of 7 to 0.
RESOLUTION 6-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
OTHER BUSINESS
FINANCIAL DISCLOSURE FORMS
January 2, 1991
The Mayor reminded the Board that the financial disclosure forms
must be completed and returned to the City Clerk no later than
Wednesday, January 31. They will have to be notarized, and if any
assistance is needed in completing them, Jerry Rose will be able to
help.
BOARD RETREAT MEETING
The Board was reminded of the budget meeting to be held January 4,
at 8 o'clock.
MILITARY LEAVE
Mr. Linebaugh addressed the Board concerning military duty.
Several cities surrounding Fayetteville have passed an ordinance
that changes their rules, dealing with military employees that are
full time and are being called into active duty because of the
conditions in the Persian Gulf. A copy of the ordinance adopted by
the City of Bentonville has been provided to the directors. He
stated the Board may wish to consider adopting a similar ordinance
that would give benefit to the persons that are called up that are
full time employees. Currently there are 2 employees involved in
this. Essentially what it does, is it allows them to have full pay
while they are in the: service and provides them with the
opportunity to bereinstated in their jobs.
Mayor Vorsanger instructed City Attorney Rose to draft an ordinance
for consideration at the next meeting.
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CIVIL SERVICE SICK LEAVE
City Manager Linebaugh addressed the Board ,concerning the Civil
Service Sick Leave Policy -that was .put on three readings and did
not have an emergency clause... It is recommended that it be made
retroactive back to February 21. -,The reason for that date, is that
is the date that the general planwas passed and took effect. The
only way to amend and ordinance is by another ordinance.
City Attorney Rose read the ordinance for the first time. Director
Green, seconded by Vorsanger, made a motion to suspend the rules
and place the ordinance on its second reading. Upon roll call, the
motion passed by .a vote,of.'6 to 1,,'with Henry voting in the
minority. Green, seconded -by Vorsanger,.moved that the rules be
further suspended and theordinance placed on its third and final
reading. The ordinance was -read for the final time.
Upon roll call the ordinancepassed by a vote -of 6 to 1, with Henry
voting in the minority.
ORDINANCE 3529 APPEARS ON: PAGE 3 YR OF ORDINANCE AND RESOLUTION
BOOK )( YV > 4` - .. S
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January 2, 1991
Bradford White, a resident of Fayetteville for 17 years addressed
the Board in opposition of the ordinance.
NWA REGIONAL AIRPORT AUTHORITY
Candace Marie, a resident of Fayetteville, addressed the Board in
opposition of the Northwest Arkansas Regional Airport Authority,
and the Board's decision that was made without consulting the
citizens of Fayetteville. She asked that the resolution be
repealed so that the issues could be studied more carefully by the
citizens of Fayetteville. She expressed her desire to see. this
issue on a ballot to be voted on by the citizens.
Director Green stated the purpose of feasibility study was to
address the concerns which Ms. Marie outlined.
Mike Faupell, of Fayetteville, addressed the Board concerning his
opposition to the Airport Authority. He stated things were moving
too fast and asked for a special election so the citizens could
vote on whether or not they wanted a regional airport.
Chris Kirby, a Fayetteville attorney, addressed the Board and
stated he represented an increasingly large group of people, not
all of whom are from Fayetteville, but certainly there are a large
portion from Fayetteville. Kirby stated he and City Attorney Rose
were asked to get together and discuss the NWA Airport Authority,
and he asked if they had any inquiries about that meeting between
the attorneys. Kirby asked that the repeal of the resolution be
discussed and suggested that this is a situation where there is a
crisis in the confidence of governing bodies. He suggested the
best thing that this Board could do is to go back and give the
public a chance to vote on this issue.
Mayor Vorsanger asked City Attorney Rose for his opinion regarding
whether the resolution was valid or was an ordinance needed in this
situation.
Rose stated a resolution was quite proper. The Regional Airport
Authority Act does not make mention of a resolution, ordinance, or
anything of that nature. It does make reference under the
establishment of the Authority section to "the extent that it is
consistent with this Chapter, the agreement shall specify the
information provided for in 25-20-104." It refers you to the
inter -local cooperation act. It says, "appropriate action by
ordinance, resolution or otherwise pursuant to the laws of the
governing bodies of the participating public agencies, shall be
necessary before the agreement may enter into force." So it says
you can do it by ordinance, resolution, or a method otherwise
pursuant to law. Rose stated that Mr. Kirby expressed that he
thought Rose should give an opinion that the people would be
disenfranchised if they were not given this opportunity to vote.
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January 2, 1991,.,`.
Even if Mr. Kirby is right and an ordinance is indeed necessary, an
ordinance does notautomatically.get referred to the people. That
only happens if it is put to a referendum. The mere fact that you
decide on an ordinance in and of itself is not going to get
anything to the public.
Rose urged the Board to remember that initiative and referendum are
two different things. The referendum statute allows you all to
come up with an idea and refer that idea to the people to vote on.
The initiative is the other side of that sword, and it seems to be
that could be utilized in this situation, if there really are
enough people out there who want to put it on the ballot. The
people themselves, could come up with a petition containing 15% of
the people that voted in the last election. They could place an
ordinance before the people on their own, without the involvement
of the Board, that would revoke the resolution by ordinance.
George Westmoreland, Chairman of the Northwest Arkansas Regional
Airport Authority, addressed the Board with some of the concerns
that have been raised. He urged the Board to follow the advice of
their legal counsel. He stated that it was not the intention of
the Northwest Arkansas Regional Airport Authority to shove anything
down anybody's throat. He stated that the Regional Airport
Authority is not even sure they would support an airport4in the
area, but that they were sure they would support a study, financed
with money from the State Aeronautics Fund and the National Airport
Trust.
• Judith Levine, a citizen of: Fayetteville, addressed the Board in
opposition of the RegionalAirport. She stated this was the first
time she had heard mentioned that this would be a passenger
airport. She expressed her concern about preserving the current
quality of life in this area.
1' sa,
Director Nash stated that.a.•special,public hearing to debate this
issue could be called at some other date.
Director Spivey commented that this would basically be to look at
the feasibility of the=issue, and is; in. no comparison to the
incinerator issue. The.cityawould•not be committing any dollars to
this. 1 '
Director Henry expressed her interest in the study to be conducted
to look at the issues. She stated she could•.not support a vote on
this issue without more information -that would be provided by this
study..F
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Mr. Westmoreland informed thfloard that a grant was received as of
today's date in the amount of $40,000 from the state. Now the
Federal Government will be asked for $600,000. The study should be
completed in about 18 months.,
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January 2, 1991
Nancy Kahanak, a resident of Fayetteville, addressed the Board in
opposition of the regional airport, and the contract for the
feasibility study.
Jim Glenn, a resident of Fayetteville addressed the Board in
support of the action that has been taken with the resolution that
has been passed, and would continue to encourage support of that
action. He spoke in support of the feasibility study.
Jerry Starnes, a concerned citizen who has a Fayetteville mailing
address, but is not a resident of the city, addressed the Board
with his opinion that people with a business should do a study
before they present it to their Board. He commented that this is
not a business, it is a community and you should do what the
community wants.
Tom Wray, a citizen of Fayetteville and businessman in the city,
addressed the Board, and admonished the staff for not receiving his
letter concerning the Rural Fire Contracts. He encouraged the
Board to not rescind what was done, but pass whatever it takes to
make it legal, if it isn't, so that the public can vote on the
issue.
Edward Maniken, a citizen of Fayetteville, addressed the Board as
an impartial party to the issue. He did express that his concern
was the feasibility study to be funded by the aviation industry to
decide whether another airport be built. He felt they would have
a prejudiced viewpoint on the matter. He was afraid a portion of
the money allotted might be used to endorse the airport since it
was coming from a potentially biased source. He proposed that the
needs be assessed initially, and then the funding come from
elsewhere.
Director Spivey commented that the Authority members were highly
trusted members of the community who have the public interest and
welfare at heart in this matter.
Director Green commented that the Board was
decision on trying to rescind a resolution
passed. He felt there was not enough data,
defined well enough to stop the process, to
whether or not an airport would benefit this
not ready to make a
that the board has
the problem was not
debate the issue of
area.
Fran Alexander, a resident on Foxhunter Road in Fayetteville,
addressed the board in opposition of the feasibility study. She
expressed her desire for the public to decide on such an issue in
the form of a vote. She inquired as to who was appointed to
represent the public.
Mayor Vorsanger stated he and Director Henry acknowledged
themselves to be representatives of the Northwest Arkansas Council.
He explained that there were several reasons for the inception of
•
4 January 2, 1991`
the Northwest Arkansas Airport Authority. Primarily, it was put
together rather quickly in order to take advantage of the time
limit constraints for obtaining funds from the government trust
fund to put this study together. If the deadline was missed, then
the issue would be dead for another year and a half. So, you just
prolong the question. Members of this board which were appointed
by the City Board are Bill Martin, the Mayor at the time, and Dan
Ferritor, the Chancellor of the University of Arkansas. They were
picked over many applicants because the:Board wanted two people
that they thought the public would have trust in and would
understand that they would understand what it would take to protect
the city of Fayetteville. Washington County picked two people from
opposite sides of the county, Ed Bradbury and Dick Latta of
Lincoln. It was felt that as a Board, we wanted to be a part of
that authority, if nothing else, to protect Fayetteville. It is
felt that these representatives, will do that and will take a
leadership role. - ' 4
1:..
The Mayor explained that Mr. Westmoreland'. was a member of the
Authority representing Rogers.
}
Director Henry explained that she.. was asked to be the University's
representative of the`Northwest Arkansas Council after she was
elected. She explained that it was a concern of all citizens of
Fayetteville to preserve the quality of life, etc., for the City of
Fayetteville to help control our own destiny. She assured everyone
that being a member of the Council would in no way be a conflict of
interest.
•
ADJOURNMENT
The meeting was adjourned at 11:48 p.m.
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