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HomeMy WebLinkAbout1991-06-04 Minutes` MINUTES OP A MEETING OP TSE CITY BOARD OP DIRECTORS lirA regular meeting of the Fayetteville City Board of Directors was held on Tuesday, June 4, 1991 at 7:30 p.m. in the Directors, Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. 1 PRESENT: Mayor Fred Vorsanger, Directors Dan Coody, Ann Henry, Bob Blackston, Shell Spivey, City Manager Scott Linebaugh, City' Attorney Jerry Rose, City Clerk Sherry Thomas; members of the staff, press and audience. ABSENT: Directors Michael Green and Julie Nash. CALL TO ORDER The meeting was called to order by the Mayor with five 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. CONSENT AGENDA The Mayor introduced consideration of items which may be approved by motion, or contracts or leases which can be approved, by resolution, and which may be 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 May 21, 1991 regular Board meeting; B. A resolution approving signatory authority for City Manager Linebaugh as required by ADPC&E. for the submission of a pre -application on the Revolving Loan Program. Staff recommends giving signatory authority to the City Manager for the project. RESOLUTION 99-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR C. A resolution approving an agreement in the amount of $6,375.00 with the Economic Opportunity Agency of Washington County (EOA) for implementation of the 1991 grant to provide weatherization services which is funded by the grant from the Community Development Block Grant. • -agar 1 June 4, 1991 Staff recommends approval of the agreement to continue providing support for the weatherization program. RESOLUTION 100-91 APPEARS ON PAGE O7 ORDINANCE AND RESOLUTION HOOK D. A resolution approving the standard reimbursement agreement with the Arkansas Highway and Transportation Department concerning the engineering services agreement with CEI Engineers for the Wedington Drive water and sewer relocations. Staff recommends approving the standard agreement which is required to cover the reimbursable design features. RESOLUTION 101-91 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION 800E Henry, seconded by Blackston, made a motion to approve the consent agenda. Upon roll call, the motion was passed by a vote of 4 to 0. CAPITAL IMPROVEMENT PROJECTS The Mayor introduced a resolution approving the following CIP projects which were funded in the 1991 Budget. Staff recommends approval of each of the following: A. An engineering services contract with Milholland Engineering Company for the 1991 Chip and Seal Program in the amount of $35,000.00 for design and construction management services. RESOLUTION 102-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK B. Removed for CIP consent agenda. C. A construction contract with Fayette Tree and Trench for the relocation of water and sewer lines on Poplar Street at a cost of $38,130.00. RESOLUTION 103-91 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION BOOK D. Authorization to proceed with the Design Phase of the Cedarwood Addition Drainage Improvements Project. The drainage system for this addition is simply not adequate to handle all of the storm water generated within and upstream from the subdivision. ETC Engineers was authorized by the Board to review and submit oetssi June 4, '1991 recommendations. Staff is requesting the Board authorize negotiations on a contract with ETC Engineers. for these improvements. RESOLUTION 104-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK E. Awarding an engineering contract to Milholland Engineering Company for the construction management phase of the Street Asphalt Overlay Project in an amount not to exceed $27,500.00. RESOLUTION 105-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR F. Awarding a contract to McClinton -Anchor for the construction of bridge and roadway improvements in the amount of $197,890.00 This contract consists of the replacement of the existing Mud Creek Bridge and a slight relocation so as to line up with the bridge on the west side of Highway 265. RESOLUTION 106-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK " • Removed from CIP consent agenda. The. Mayor was asked to pull Items B and G from the Capital Improvement Projects agenda for further discussion. Coody, seconded by Blackston, made a motion to approve all items excluding Items B and G. Upon roll call, the motion passed by a vote of 5 to 0. ITEM "B" This is a resolution approving an engineering services contract with McClelland Engineers for the preliminary design phase of the proposed Township Road widening project in the amount of $24,313.00. This contract is limited to the preliminary engineering and public meeting phases of the project. Director Henry asked if the street would be widened from the Old Wire Road light up to the Highway 71 light. Mr. Quinn explained that this contract would authorize a traffic study to be performed by a subcontractor for the portion between ' wa June 4, 1991 College Avenue and Old Wire Road. This would be widened to four lanes if the studies indicate this to be needed. He stated that after traffic studies were performed, then cost estimates would be done, and visual aids would be made (mapping) and then there will be input by the public. This will all be considered in some sort of final recommendation. Henry, seconded by Blackston, made a motion to approve the resolution. Upon roll call the resolution passed by a vote of 5 to 0. RESOLUTION 107-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK ITEM NGn This is a resolution approving the expenditure of $75,000.00 to construct an extra two lanes on the part of Stearns Street that is west of Highway 71 and within the Spring Park Subdivision, and approval of a budget adjustment. The Stearns Street extension from College to Gregg Street is part of the 1994 CIP, and the budget includes funds to construct two lanes. Staff is proposing to pay the difference between the basic 31 foot street and a four lane facility called for on the Master Street Plan. Director Coody stated that when there are roads widened we should do what we can to build bike and jogging lanes. Don Munsell, Public Works Director, stated that item would be worth further consideration by the engineers and costs involved. He reported that he would report back on this subject in the near future. He stated that this was a good opportunity to develop this area and save some inflation costs. The developers will be responsible for most of the cost. Henry, seconded by Blackston, made a motion to approve the resolution. Upon roll call, the resolution passed by a unanimous vote. RESOLUTION 108-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK STUBBLEFIELD ROAD IMPROVEMENTS The Mayor introduced consideration of a resolution approving the recommended improvements to Stubblefield Road and Missouri Creek. 1 June 4, 1991 Staff is recommending that Stubblefield Road be widened to conform with city standards, and that the east end of Stubblefield be relocated so that it ties into Old Missouri Road several hundred feet south of the existing intersection. Drainage improvements will consist of cleaning, grading and some realignment of the creek channel from Stubblefield Road to Mud Creek as well as some reconstruction of the rock wall north of Stubblefield Road., Henry, seconded by Coody, made a motion to approve the resolution. Linebaugh stated that this had been discussed over the last few years. There have been two public hearings in regard to this resolution. Linebaugh stated that the major objection to this resolution is the 31 foot. The majority of the other issues addressed at the public hearing were addressed. John Coghlan, a resident at 1501 Stubblefield, addressed the Board stating this was not an ideal situation. There is a 30 year old neighborhood on the south side of Stubblefield, and there are three developing neighborhoods on the north side and one developing on the south side of the east end. He stated that the right-of-way between these two areas is something less than the 50 feet that is desired. The 16 foot street that is located to the north side of the right-of-way is inadequate, but he asked the Board to grant a deviation from the 31 foot and make the road narrower. Linebaugh stated the Staff's argument against the variance was that 31 feet is the minimum standard for a residential street for safety purposes - leaving 28 feet of actual driving surface. The Planning Commission has developed these standards for new development, and they feel the City should have the same requirements for upgrades. Mayor Vorsanger stated that it street, and if the citizens of improvement, then he isn't in asked for input from those who widened. will cost $450,000 to widen this the area aren't in favor of this favor of spending the money. He have requested that the street be Linebaugh stated that at both of the public hearings on this topic, the audience overwhelmingly requested this project, with the major question being whether the street be widened to 31 feet or something less than that. Dale Johnson of 1800 Stubblefield addressed the Board in favor of this project. Johnson stated that the existing ditch has created problems with flooding on his property. It provides no place for walking, cycling, etc. With 1000 cars traveling the road each day, he believes that the existing street isn't adequate for the neighborhood as it has developed. 194 June 4, 1991 Maxine Drake of 1315 Stubblefield addressed the Board in favor of the planned Stubblefield Road improvements and expressed her opinion that the advantages outweigh the disadvantages. In addition, Mrs. Drake requested that the north side of the street be utilized as much as possible for this project. Mayor Vorsanger expressed the Board's gratitude to Maxine Drake for her cooperation she has given the City Staff in their planning of this project to make the best possible situation out of a bad one. Director Coody stated the importance of an overall plan with this improvement to allow for a bikeway, etc. Don Munsell addressed the Board in favor of this improvement project and believes that the plan to connect Stubblefield Road and sidewalk up into Gulley Park, including a bike path, was an outstanding idea. In addition, he stated that the residents south of Old Wire Road with children attending Butterfield School have no safe way for their children to walk to school, and this will help. Director Spivey agreed and pointed out the benefits that have come from widening Township Road and putting in sidewalks. Upon roll call, the resolution passed by a unanimous vote. RESOLUTION 109-91 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION 8001 REZONING The Mayor introduced consideration of a resolution approving an ordinance rezoning property located on Highway 45 East consisting of 31.17 acres from A-1, Agricultural, to R-1, Residential, as requested by Jim Lindsey on behalf of Ben and Nancy Israel. The Board of Directors left this ordinance on its first reading at the May 21, 1991 Board meeting to allow further time for neighbor- hood input. The Planning Commission voted 9-0-0 to recommend the rezoning be approved. There was no opposition to the rezoning, and Staff recommends approval. City Manager Linebaugh reported that he had received no public input on this rezoning since the May 21 meeting. Mrs. Kirby addressed the Board regarding the annexation of this property, and it was explained to her that it had been annexed into the City at the last meeting. Kirby inquired as to the difference between this planned subdivision and the Gaddy Acres subdivision, and expressed her concern on the number of planned subdivisions, and the sewage overflow problems that have and will occur with the addition of these subdivisions. 1 • ter June 4, 1991 John Merrell stated that Gaddy Acres Subdivision is an excellent example of a subdivision that should not have been approved as it violates principles of good land development. Merrell stated that with the new development regulations for 1992, he hopes to persuade the Planning Commission to be a little more diligent in approving subdivisions and developing better standards. One problem seems to be the tandem lot - allowing for only 25 feet of frontage on a street, resulting in over building and over density. Merrell stated that the preliminary plans on the subdivision in question looks reasonably good. He stated that the City needed to have a firm set of annexation policies, especially given the growth rate of the City, and believes that an annexation plan will come out of the Vision Project to be worked on in 1992 after completion of the overall master plan for the City. _ Henry, 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 5 to 0. The ordinance was read for the second time. Coody, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 5•to 0. The ordinance was read for the third and final time. Upon roll call, the ordinance was adopted by a vote of.5 to 0. ORDINANCE 3550 APPEARS ON PAGE %04 OF ORDINANCE AND RESOLUTION BOOR xA V GRADING AND. EXCAVATION ORDINANCE Mayor Vorsanger introduced consideration of an , ordinance establishing requirements and setting out specific guidelines to be followed so that controls can be placed on land alteration activities. City Manager Linebaugh addressed the Board stating that this proposed ordinance is a culmination of about three years of planning and development. The ordinance addresses cut -fill ratios, slopes, ground cover removal, drainage management, and foundation engineering. The ordinance was initially developed by the RM Plan Group and then redrafted to fit Fayetteville's needs. Citizen committees were formed to review and suggest changes to the policy. Finally, the Planning Commission held several public hearings and meetings where the ordinance was considered. The Board approved the E-1 Extraction Zoning Ordinance at their April 16, 1991 meeting which is a new zoning district in the zoning ordinances. This Grading and Excavation Ordinance regulates how certain excavation activities can be carried out. Linebaugh further stated that Staff recommends that the Board approve the proposed ordinance. June 4, 1991 John !Merrell of the Planning Commission explained the details and background of -this complex ordinance. Ths problems that this ordinance will address are: 1) destabilized slopes; 2) land slides; 3) drainage problems; 4) degradation of water quality; 5) sedimentation in storm water systems, sewer systems and water storage basins; 6) flooding; and 7) erosion. Hs explained that this ordinance actually came about as a result of the Raby consultants' draft development regulations and draft general plan for the City in 1988 - which regulations and plans were not properly tailored to Fayetteville. Ths Planning Commission tailored the ordinance, and subsequently a citizens' committee was developed to review the same. This citizens' committee agreed with the format and scope of the ordinance, but made many changes, such as creating a new zoning district in the zoning ordinance to be called the "E-1" Extraction District to regulate where the land alteration activities occur. This ordinance was approved by the Board 6-8 weeks ago. The grading ordinance is being recommended for approval by the Planning Commission subject to the following provisions: 1) That the maximum allowable cut be increased from 3 feet to 5 feet; 2) That the ordinance would automatically ba reviewed by the City in one year; 3)• A change in Section 7 regarding the use of native plants in non -irrigated areas; 4) Substitution of the words "plant materials" in place of "trees" along terrace benches; 5) Section in the ordinance providing for revegetation of certain banks and benches, terraces, etc., to control erosion, sedimentation, etc. Merrell stated that this ordinance was met with opposition from only one individual at the three public hearings. Merrell outlined the major points of the ordinance, as follows: Section One - intent of the ordinance. Section Two - establishes general requirements for complying with the ordinance, particularly obtaining grading permits for this type of activity. Section Three - establishes certain exceptions to ordinance (i.e. swimming pools, hot tubs, septic systems, retaining walls, cemetery graves, refuge disposal sites, construction of one single family residence or duplex, construction within previously plated single family subdivisions for which preliminary plat approval was given, etc.) in dealing with acreage size, cuts, size of site, etc. I' • June 4, 1991 Section Four - establishes certain minimal erosion control requiremdnts. Section Five - provides one time approval process for public and private utilities, and one time approval for the stockpiling of fill material in certain appropriate places, subject to the zoning ordinance and particularly the E-1 district. Section Six - definitions and universal soil loss equation. Section Seven - the land alteration guidelines establishing technical requirements for cut and fill slopes, for cuts individually, fills, erosion and sedimentation control; and planting material guidelines to control erosion. Section Eight - provides laundering lists of items required to be submitted along with the grading plan. Section Nine - provides for the submittal of a grading plan. with language stating that "no subdivision or LSD can be finalized out before the final grading plan approval has been given by the City Engineer." Section Ten - deals with approval of the plan and certain criteria that the City Engineer will use for evaluation, and provides that the City Engineer must make a final decision within 15 days of submittal of the grading plan. Section Eleven - provides for an appeal process to the City Planning Commission for anv aggrieved party, and that notice be given to any adjacent property owner. Section Twelve - minor modifications that don't violate the intent of a development and other regulations. Section Thirteen - establishes a series of fees which are key to the size of the site. Section Fourteen - provides for inspections and compliance and establishes the City Engineer as the responsible party for inspections and compliance to the intent of the ordinance. The City Horticulturalist shall have responsibility for reviewing the vegetative elements of ordinance if required. Section Fifteen - requires a Certificate of Occupancy for a building to be occupied. Vegetation and grading plan improvements must be in place before this C of 0 will be issued. In some cases, a temporary C of 0 can be issued. Section Sixteen - establishes owner responsibility. June 4, 1991 Section Seventeen standard conflict in regulation clause. Section Eighteen - provides violation and penalties for violation of this ordinance, being a misdemeanor with a fine of not less than $250. Section Nineteen - provides information on remedial work if required by the City Engineer due to &drastic problem. Section Twenty - revocation of permits and stop work orders, giving the City Engineer this power. Section Twenty-one - provides for historic resources found during excavation. Section Twenty-two - deals with exclusion of City warranty on liability. Section Twenty-three - provides that surety bonds may be required. Section Twenty-four - contains the appendix. The Public Works Committee, particularly the City Engineering Division, will be responsible for the administration of this ordinance. The ordinance was read for the first time. Henry, seconded by Blackston, 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 5 to 0. The ordinance was read for the second time. Henry, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. The City Attorney read the ordinance for the third time. Munsell addressed Director Henry's inquiry stating that an additional engineer would probably need to be hired since this is an extremely complex ordinance. In order for this ordinance to be handled effectively, he anticipated that additional staffing would be required, but requested time to evaluate the impact of the ordinance, and it would be evaluated in the upcoming budget session and a recommendation would be forthcoming for 1992. Richard Gettis addressed the Board in favor of the excavating and grading ordinance as it now stands as a step in the direction of protecting Fayetteville's natural resources. Jana Britton, member of the Planning Commission, addressed the Board in favor of the ordinance. She further stated that the ordinance doesn't adequately address drainage, and requested that a drainage ordinance be adopted soon. r June 4/ 1991 Mayor Vorsanger reported that the City had received several letters from Rev. Jamie Jones in support of the ordinance. Upon roll call, -the motion was passed by a vote of 5 to 0. ORDINANCE 3551 APPEARS ON PAGE 148 OP ORDINANCE AND RESOLUTION BOOK xx / LAND AGENTS Mayor Vorsanger introduced consideration of a resolution authorizing the hiring of two (2) part-time land agents to aid in the acquisition of rights-of-way in connection with the Capital Improvements Program at a cost of $47,000. City Manager Linebaugh advised the Board that Staff recommends hiring two part-time land agents to assist with the acquisition of the more than 500 easements that will be required under the CIP before the end of this year and with another 350 easements required for the 1992 projects. Blackston, seconded by Henry, made a motion to authorize the resolution. • Upon roll call, the resolution passed by a unanimous vote. RESOLUTION 110-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK SOLID WASTE MANAGEMENT DISTRICT Mayor Vorsanger suggested that due to Director Green's absence, and. his expertise on this topic, that they take this matter up at a later meeting. Bob Baxter, Manager of Sun -Ray Company in Springdale, addressed the Board reporting as a member of the Governor's Task Force. for Solid Waste for the past two years. Baxter discussed Act 752 from the last session which addresses the forming of a new district. .Act 870 of 1989, formed a solid waste planning district including the nine counties of the Northwest economic development `district. Since then, three counties have moved to another district by themselves, leaving Washington, Benton, Carroll, Madison, Newton and Boone Counties. Baxter cautioned the Board against forming a two county district and explained that if Washington County formed its own district, the five votes from the county would ensure control and voting power over the county's solid waste. He further stated that it is easier to add a county/counties at a later date than it would be to try to remove a county from the district. 4 t +.l,Ery it June 4, 1991 Mayor Vorsanger advised the Board that they had ninety (90) days to make a dscisioh in order to comply with the DPC&E deadline, but he was interested in the county and Springdals's decisions. Vorsanger expressed his concern with the one county district as it would allow Sun -Ray to hold the City "captive" since they have the only landfill. Bob Baxter reported that Act 752 provides that a district itself can own its own private landfill within its own county and regulate landfills. Joe Robson, member of the Environmental Affairs Committee, addressed the Board in favor of Washington County owning its own landfill in lieu of joining with Madison County. Robson stated that in joining with Madison County, instead of 100% voting control over our water and air quality, we would be giving 40% of the control to Madison County. Robson stated that he believed that the dead -line to make a decision on forming, and form or agree to form a district was not in ninety days, but rather on June 26, and if the deadline was missed, the decision would go to the nine county board. Robson sees the only advantage to forming a district with Madison County as additional dump sites. Robson advised that Act 237, Section 12 of 1971, essentially the first Solid Waste Management Act in the State of Arkansas, allowed counties to adopt standards of its own that were more restrictive than the State. In addition, Robson stated that he felt that a district with Springdale, Fayetteville and Washington County would be advantageous. Don Munsell stated that the State Planning Board Districts have a June 26 deadline to rename themselves, and that this deadline did not apply to the City of Fayetteville for this particular situation. Mayor Vorsanger reported that he had already notified the nine county district that Fayetteville was no longer going to participate in their district. BUDGET FOR CABLE ADMINISTRATION PROGRAM Mayor Vorsanger introduced a resolution approving and adopting the 1991 Budget for the newly created Cable Administration Program, and approval of a budget adjustment. City Manager Linebaugh advised the Board that Staff is recommending approval of the $40,830 budget which is for July 1 -December 31, 1991. Staff recommends having a staff person handle duties. The Cable Task Force originally recommended three PEG channels, and that a cable board of citizens be created to monitor these three channels and Warner Cable. The person for this position would have 1 • June 4, '1991 duties as follows: 1) oversee duties on cable television channels; 2) oversee duties on cable operator; 3) handle access facilities and oversee construction and maintenance; 4) meeting proper funding requirements for cable accesses; 5) work with Cable Television Board as staff person; 6) budgeting and record keeping for Cable Television Board and for access channels; 7) duties currently being done by Fayetteville Open Channel; 8) handle public relations, complaints with regards to access channels and cable operator. Linebaugh further explained that the $40,830 budget includes a lot of one time expenditures such as printing of brochures to explain the three cable channels to the public, equipment charges, etc. For 1991, this will be taken out of the fund balance and in the future, Staff recommends that this come out of the 5% franchise fee. The franchise fee is greater than what Staff had anticipated at $491,000 - Staff has budgeted $199,000 in 1991, with $245,00 to date, leaving a balance. Coody, seconded by Vorsanger, made a motion to approve the resolution.. • Director Green inquired as to the time factor involved in making this move, and Linebaugh responded that if the PEG channel stays inactive, then Warner Cable has the right to use those channels, and that it was necessary to start the PEG channels immediately. Upon, roll call the resolution passed by a vote of 4 to 1, with Director Henry voting in the minority. RESOLUTION 111-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR NEEDS STUDY Mayor Vorsanger introduced a resolution approving a needs study contract in the amount of $18,000.00 with Rogh & Sheppard Architects to research the future needs for the Police Department, Municipal Court, and Prosecutor's Office. • City Manager Linebaugh reported that Staff recommends approving the contract which will allow the City to proceed with the renovation of the Systematics Building. The architectural firm will prepare a study which will include future police operations needs, personnel projections, space needs adjacency diagrams, a budget for the project and a concept design. Linebaugh stated that no local architectural firms made bids on this proposal, but that a local architectural firm will be hired to actually do the design of the building. Coody, seconded by Blackston, made a motion to .approve the resolution. ,(1as0 1 • its.. MRCVS • Upon roll call the Directors Blackston OTHER BUSINESS June 4, 1991 resolution failed by a vote of 3 to 2, with and Henry voting against the motion. RETREAT Mayor Vorsanger reminded the Board of the Retreat scheduled for June 11, 1991 from 5:00 to 7:00 in Room 326 of City Hall. 118H INVESTIGATION Des Wright, citizen of Fayetteville, addressed the Board regarding the Julie Nash investigation. Wright asked if Nash had said she would resign. Vorsanger stated that Julie Nash had made a statement to Melody Moon of the Channels 40/29 that if it was discovered after the investigation that the alleged incident did not occur, that Nash would willfully resign from the Board. Director Henry stated that it was Mrs. Nash's decision whether or not she would resign since she had not been charged with anything. Ms. Wright advised the Board that there was a new petition being circulated asking for another election and for the Board to replace Ms. Nash. BOARD COMPENSATION/NABH INVESTIGATION Tiny Hamilton addressed the Board inquiring how a citizen's committee could be formed to study compensation to City Directors for their time and out-of-pocket expenses for services to the community. Mayor Vorsanger responded that it was known by the Directors before they ran for office, that there was no pay involved. City Manager Linebaugh reported that at the request of Director Coody, this topic would appear on the next Board Agenda. He stated that extensive surveys have been done on other community policies and what the law requires for payment to council members, and that this information will be presented at the next Board meeting. Hamilton stated his views that political ambitions of some at the expense of other's misfortunes is appalling. He felt that the Nash incident should be put to rest, as no law was violated and no charges made. Hamilton used the example of the implications of drug use by the City Manager and Police Chief as unfounded gossip and rumor. Joe Robson addressed the Board stating his views that if it was required that City employees take drug tests, then all elected officials should be required to do the same. He stated that for i June 4, 1991 the benefit of the city officials, including Julie Nash, he requested that Mayor Vorsanger do what he can to put a stop to the insinuations regarding drug use, as they are a waste of time and money. HOT CHECK PROGRAM Director Blackston addressed the Board stating he had been in favor of budgeting for the City Prosecutor to get involved with collection of hot checks. However, he has been concerned that collection agencies will not be able to compete with the City, and he suggested that the Board reconsider the Hot Check Program. The City would be rebating $15.00 to the merchant when a check is collected. Collection agencies cannot rebate this money; in fact, that money is where their profits come from in collecting the checks. He asked that the program be looked into and consider not rebating the $15.00 so that the City and collection agencies would be competing on a level playing field. Blackston, seconded by Coody, made a motion that this rebate issue be changed so that if the hot checks are collected, that this be kept in the City coffers instead of being rebated to the recipients of hot checks. City Manager Linebaugh stated that the City Prosecutor should be present if this issue was to receive full discussion. Linebaugh stated that doing away with the rebate would make the program totally ineffective. He further stated that this method of,. collection is working well in Springdale. The $15 surcharge being rebated brings work to the prosecutor for collection on a timely basis. Mayor Vorsanger wondered why this rebate should be provided by the City if the collection agencies don't rebate and how this could make money. City Attorney Jerry Rose responded that this program was designed to pay for itself based on volume. One of the purposes of the program was to insure that all small checks get run through the prosecutor's office so they will appear on the computer for the benefit of crime detection and prosecuting bad check charges. He suggested this. issue be addressed at the next agenda session when Terry. Jones can be present for the discussion. POLICE RESPONSE TIME • Director Henry stated she had received several calls regarding police response time to calls and the possibility and fear of retribution against the reporting individual. She believes that it is not necessary for the complainants' name to be provided and that the police should respond to all calls. June 4, 1991 DPCiE Director Coody stated that he would like to see a resolution passed and sent to Little Rock to be addressed on the subject of DPC&E looking into the rivers and streams being polluted by agricultural run-off and the position that this subject may create bad publicity hurting the tourist industry. It was agreed that the same should be taken up at the next meeting. ADJOURNMENT The meeting adjourned at 10:52.