HomeMy WebLinkAbout1991-09-03 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was
held on Tuesday, September 3, 1991 at 7:30 p.m. in the Directors'
Room of the City Administration Building at 113 West Mountain
Street, Fayetteville, Arkansas.
PRESENT: Mayor Fred Vorsanger; Assistant Mayor Mike Green;
Directors Ann Henry, Dan Coody, Julie Nash, Shell
Spivey and Bob Blackston; City Manager Scott
Linebaugh; City Attorney Jerry Rose, City Clerk
Sherry Thomas; Director of Public Works Don
Munsell; Director"of Administrative Services Kevin
Crosson; members of 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.
r
The Mayor welcomed comments on
explained that comments should be
and a spokesperson be elected for
r
CONSENT AGENDA
any item :on the Agenda. He
limited to 15 minutes per item,
comments made on the same issue.
kayor Vorsanger introduced consideration of items which may be
approved by motion, or contracts and leases which can be approved
by resolution, and which may be grouped together and approved
simultaneously under a "Consent Agenda."
"
A. Minutes of the August 9, 1991 Special Board meeting and the
August 20, 1991 regular Board meeting;
Removed from Consent Agenda at Board Agenda Session;
Deleted from Agenda at Board Agenda Session;
. .
D. A resolution awarding Bid 91-33 in the amount of $118,442.00
to Arkansas Meter & Supply Company for the purchase of a
Camera Grout Van and Equipment.
Staff recommends awarding the bid to the low bidder for this
budgeted equipment.
B.
4.
RESOLUTION 158-91 APPEARS ON PAGE
BOOK
OF ORDINANCE AND RESOLUTION
E. A resolution approving Amendment #3 to Airport Federal Grant
#3-05-0020-14 which will release $573,718.00 to be recovered
and utilized on the land acquisition project.
September 3, 1991
Staff recommends approving Amendment #3. This project has
been postponed until the land acquisition is complete and
sufficient funds are available for completion.
RESOLUTION 159-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOR
F. A resolution approving a budget adjustment in the amount of
$8,000.00 to the Collection Expense Account.
Staff recommends approving the budget adjustment which will
reimburse the Collection Expense Account and raise the Bad
Debt Revenue Account as a result of more bad debt collection
than budgeted.
RESOLUTION 160-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
G. A resolution awarding a contract to David M. Griffith &
Associates, Ltd., to conduct a cost of service/user fee study
in accordance with RFP 91-8 at a cost of $35,000.00.
Staff recommends approving the contract for the study which
will address the revenue shortfall the City has been incurring
the past few years in providing services to the citizens.
Removed from Consent Agenda by motion of Director Coody at the
regular Board Meeting.
H. A resolution awarding Bid 91-39 in the amount of $94,470.00 to
Williams Ford Tractor for the purchase of Tractor/Backhoe/
Loader equipment.
Staff recommends awarding the bid to Williams Ford Tractor who
was the lowest bidder meeting specifications for this budgeted
equipment.
RESOLUTION 162-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
Green, seconded by Coody, made a motion to approve the Consent
Agenda. Upon roll call, the motion was passed by a vote of 7 to 0.
ITEM "Gn
Director Coody addressed the resolution awarding a contract to
David M. Griffith & Associates, Ltd., to conduct a cost of
service/user fee study in accordance with RFP 91-8 at a cost of
$35,000.00. Coody inquired as to whether this study was too much
of a project to be conducted in-house, as the solid waste analysis
that was done by the Planning Committee.
September 3, 1991
Kevin Crosson, Director of Administrative Services, addressed
Coody's question stating that there were between 40 and 60
different fines and fees some of which had not been updated for 15
years, and he does believe that it is too much of a task for the
City to undertake.
City Manager Linebaugh stated that the estimated cost of this study
is less than it would cost if done in-house.
Coody, seconded by Green, made a motion to approve the resolution.
Upon roll call, the motion passed by 'a vote of 7 to 0.
RESOLUTION 161-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
KHOG RENOVATION
The Mayor introduced a. resolution approving a contract for
renovation of the KHOG Building adjacent to the City Administration
Building at a cost of $127,524.00 with_Heckathorn Construction
Company.
City Manager Linebaugh stated that this building was purchased in
1991 for additional office space. The building will be directly
connected to City Hall. Architect Harry Butcher & Associates were
hired to draw plans for theabuilding, which construction plan was
presented for bids with low bid of. $127,524.00 by Heckathorn
Construction Company. This project was budgeted in sales tax and
capital improvements construction funds and Staff recommends
approving the contract.
Coody, seconded by Nash, made a motion to approve the resolution.
}
Director Green reported that .he had met with City Staff and
reviewed the drawings for thist,project. Green expressed his
concern for the cost and difficulty in renovating this building,
although he detected no frivolous spending. He believes that two
breakrooms, one non-smoking,and,one smoking,.were unnecessary, and
the City's "smoke-free"'.philosophy should carry through to the
Administration Building. •.
City Manager Linebaugh reported that this plan was to accommodate
the 27% of City employees,in City Hall who do smoke, and the rest
who don't, by providing separate break rooms.
Director Henry stated that the citizens cannot smoke in City Hall,
but the employees can.
Kevin Crosson stated that was so, but only in designated areas,
currently the breakroom. He further stated citizens are welcome
and do use this room.
September 3, 1991
Director Blackston stated that they should stay with this bid and
plan, as to undergo the process again would probably end up costing
more.
Director Coody requested that the Board look into a smoking
ordinance for the City of Fayetteville.
Vorsanger, seconded by Green, made a motion to amend the resolution
to make both buildings "smoke-free" for everyone.
Director Coody stated his objection to the amendment as being
unfair by not enforcing the "smoke-free" policy throughout the
City.
Upon
of 6
Upon
vote
roll call, the motion to amend the resolution passed by a vote
to 1, with Director Coody voting in the minority.
roll call, the resolution including amendmentipassed by a
of 7 to 0.
RESOLUTION 163-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
Mayor Vorsangsr introduced a report from the City's auditors,
Coopers and Lybrand, on the 1990 Comprehensive Annual Financial
Report.
City Manager Linebaugh introduced Dan Schultz representing Coopers
and Lybrand for a presentation on the CAFR.
Dan Schultz addressed the Board with a presentation on the City's
executive summary. Schultz reported that Fayetteville did a fine
job of financial reporting and for the second year in a row had
received the Certificate of Achievement for Excellence in Financial
Reporting for 1989.
Mayor Vorsanger explained that this audit report has been filed
with the State Legislative Auditor, and they, in turn, contact the
City with questions if need be. Vorsanger explained that an
independent audit such as this is current and up-to-date, whereas
the state and legislative audits are done 3 to 4 years after the
fact.
Henry, seconded by Blackston, made a motion to accept the CAFR
report.
Upon roll call, the motion passed by a vote of 7 to 0.
RESOLUTION 167-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
September 3, 1991r
BOARD MEETING TIMES
Mayor Vorsanger introduced consideration by the Board of Directors
to change the regular Tuesday night meeting time.
Vorsanger stated that the Board had asked for the public's comments
on this issue at the last meeting; he has received only three
calls, one in favor of an earlier meeting time and two in favor of
maintaining the 7:30 meeting time.
City Manager Scott Linebaugh and City Clerk Sherry Thomas
receiving no phone calls on this matter.
Director Henry reported that she had received two calls in
keeping the meetings at 7:30 and she was in agreement.
reported
favor of
Director Coody stated that all responses he had received were in
favor of the 7:30 meeting time.
Director Green reported that he had received numerous calls, and
the majority were in favor of keeping the time at 7:30 so as not to
interfere with schedules.
Director Spivey stated that he was in favorof leaving the meeting
time at 7:30.
Director Nash reported that she had only received the two calls
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requesting an earlier meeting time.
Blackston, seconded by Green, made a,motion to keep the meeting
time at 7:30.
Upon roll call, the motion passed by a vote of 7 to 0.
AIRPORT REVENUE BONDS
Mayor Vorsanger introduced a resolution calling for the redemption
of the Municipal Airport Revenue Bonds, Series 1979, at par plus
accrued interest on November 1, 1991, and transfer any surplus
funds from the Airport Depreciation and Airport Revenue Funds to
the Airport Operation and Maintenance Fund to be used for any
lawful purpose.
City Manager Linebaugh stated that considering the availability of
funds and the interest rates payable on the bonds, Staff recommends
calling the bonds which will result in approximately $189,000.00 in
excess funds. At a special meeting held August 19th, the Airport
Board voted to recommend paying off the bonds.
Vorsanger, seconded by Green, made a motion to approve the
resolution.
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aINIZOZ11
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September 3, 1991
Linebaugh responded to Vorsanger's question that there would be an
interest savings, as well as no penalty for early payment.
Director Coody stated that it's always a good idea to pay off bonds
when you can, so that debts can be expeditiously paid off.
Upon roll call, the resolution passed by a vote of 7 to 0.
RESOLUTION 164-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOM
SOUTH INDUSTRIAL PARK
Mayor Vorsanger introduced a resolution approving an agreement of
understanding between the City of Fayetteville and the Arkansas
State Highway Department to construct the Industrial Access Road in
the South Industrial Park at a cost of approximately $40,000.00.
City Manager Linebaugh explained that the $40,000.00 estimated cost
is for utility adjustments. Once the exact amount is known, a
specific account will be assigned for the expense and will be
brought before the Board for approval. Linebaugh stated that Staff
recommends approving the agreement.
Blackston, seconded by Green, made a motion to approve the
resolution.
Director Spivey asked whether they had a total figure of funds
received by the AIDC to rejuvenate the industrial park. Linebaugh
responded that he could get that figure, but that it was hundreds
of thousands of dollars. Spivey made the point that if they had
gone into default on the bonds for the industrial park, this money
would have been unattainable from the AIDC.
Upon roll call, the resolution passed by a vote of 7 to 0.
RESOLUTION 165-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
CONFLICT OF INTEREST
Mayor vorsanger introduced a report by City Attorney Jerry Rose
regarding conflict of interest laws.
At the request of Mayor Vorsanger, City Attorney Jerry Rose
addressed the Board with his legal analysis of the conflict of
interest question posed at the August 6th Board meeting when he and
Director Henry voted to purchase 43 acres from Fayetteville
Development Foundation in the South Industrial Park. The City's
purchase enabled the Foundation to repay all or part of the debt to
Mcllroy Bank. The Foundation financed the initial purchase of the
land through several area banks. Director Henry and Mayor
•!f a
September 3, 1991
Vorsanger serve on Mcllroy's board 'of directors and receive
approximately $250 a month for their services.
Rose reported on three sources regarding conflict of interest laws
Arkansas Statutes, common law, and the Board of Directors Orders of
Rules and Procedures.
Rose advised that the chief statute says that controlling
stockholders, executives, or managers ofcorporations may not
exercise their authority for any personal or pecuniary interest,
but goes on to state that this prohibition does not apply to any
contracts for the purchasing of services and goods. Rose stated
that there is a large gray area in the law and cited two cases that
illustrated this point.
Rose stated that there is a Common Law basis for the prevention of
self-dealing among municipal office holders in that the interest
sought to .be prescribed is a present, personal, and pecuniary
interest rather than something remote.
In addition, the Board of Directors' Orders of Rules and Procedures
contain a provision that no member of the Board with a direct or
indirect financial or personal interest in any item before the
Board shall participate .in the discussion '• or voting ofsuch
matters. In addition, there is a code of ethics that states that
Directors shall refrain from making use.of.special knowledge or
information gained as a Director before it is made available to the
general public and refrain from making or,influencing decisions
involving business associates, customers, clients, competitors and
immediate family members.
In conclusion Rose stated, in his opinion, insofar as a decision is
sought as to whether or not the Board or a Board member is in
violation of its own rules of order and.procedure, such a decision
is ultimately in the hands of the Board itself. It is the Board
itself which makes such `rules and it may certainly abandon or
change such .rules as it sees fit within the limits of the law.
Rose stated that the citizens of Fayetteville render the final
opinion at the ballot box..•
Don House, citizen of Fayetteville, addressed the Board calling
City Attorney Rose's report disappointing stating Rose had not
rendered an opinion. House stated that there was at least an
appearance of conflict of interest, and requested that an opinion
from another authority such as the Attorney General be obtained.
Mayor Vorsanger .responded to Mr. House stating that he had obtained
advice from his own legal counsel and was advised that as questions
of conflict come up on the Board, look at the facts and
circumstances of each case. Vorsanger stated that in his own
conscience, he believed there was no conflict of interest.
September 3, 1991
Director Hinry stated that she voted the way she did because she
believed her vote was in the best interest of the citizens of
Fayetteville over the long term. Henry stated that she chose to
remain on the bank board when she decided to run for office, and
she disclosed her affiliation with Mcllroy. She stated that if
they were contracting directly with Mcllroy, she would have
disqualified herself.
Director Coody stated that he could see both sides of the issue,
but that he believed neither Director Henry nor Mayor Vorsanger did
anything to subvert the interests of the City. Coody agreed to
make a motion that a second opinion be requested in order to
satisfy public concern.
House stated that it was important to clear this up once and for
all since there would be a third option to vote on in the future.
Director Spivey stated that he abstained from the vote.because his
livelihood does in fact come from the First National Bank of
Fayetteville as an employee.
Coody, seconded by Nash, made a motion to obtain a second opinion.
Cyrus Young, resident of Fayetteville, addressed the Board stating
that an abstaining vote does affect the vote, contributes to a
quorum and goes with the majority motion. Young further stated
that the only way to change this is to change the rules of
procedure, which he has recommended in the past.
•
Danny Wright, resident of Fayetteville, addressed the Board citing
a case where Directors Nash and Coody were in this same position
earlier this year with a rezoning in which they were representative
of a purported purchaser, and in this case they felt it was
sufficient for them to rule on whether a conflict of interest
existed. Wright further stated that if a second opinion was to be
obtained, that it be broadened to cover any future questions on
conflict of interest.
Nash, seconded by Coody, made a motion to amend the request for an
opinion from the Attorney General to include Directors Coody and
Nash.
Steve Ward, resident of Fayetteville, addressed the Board
reiterating the point that this property is being sold to the City
by the Fayetteville Development Foundation, NOT the banks. There
are eighty individuals, corporations and financial institutions
that have invested in the Industrial Park over the years. Ward
stated there are no members on the City Board that are directors of
the Fayetteville Development Foundation or directly involved in
owning stock in the Industrial Park as it exists.
September 3, 1991'
riS?9;
Director Green stated that an Attorney General's. opinion is no more
than an opinion, and is subject to lawsuits and testing through the
court system. The only way to really test the gray areas as they
arise is to take them to the Supreme. Court. Unless there was a
charge of wrongdoing, the Supreme Court wouldn't hear this type
case. In conclusion, Green stated that this whole matter wreaks of
a "witch hunt" and that valuable time is being wasted.
Robert Reus addressed the Board requesting that Mayor Vorsanger and
Director Henry abstain from the vote at hand. He stated that this
is absolutely not a "witch hunt" when you are talking about over
three million dollars of taxpayers money.
Director Henry addressed Reus stating that the voters did approve
the purchase of this land for the Industrial Park and Reus
responded that the voters technically voted that the bonds be
issued, and there was a lot of "fine print" on the ballot that the
voters did not read.
Upon roll call, the motion to amend the motion to include Directors
Coody and Nash in the Attorney General's opinion passed by a vote
of 5 to 0, with Directors Coody and Nash abstaining.
Upon roll call, the motion to request an opinion from the Attorney
General on the conflict of interest rules failed by a vote of 2 to
4 to 1, with Directors Coody and Nash voting yes and Director Henry
abstaining.
OTHER BUSINESS
DENHAM.REZONING RECONSIDERATION
City Manager Linebaugh reported that at the last Board meeting an
ordinance was read in error regarding Mary Denham and a rezoning
issue change to C-2. a .f
City Attorney Rose stated that this was an error on his part as he
submitted an ordinance t� the Board which did not reflect the
Planning Commission's intent. All supporting documents reflected
the Planning Commission's rezoning of,this property to R -O.
Coody, seconded by Green, made a motion to reconsider the rezoning.
Upon roll call, the motion passed by a vote of 7 to 0.
City Attorney Rose explained that with the Board's motion to
reconsider, the original ordinance before the Board is now before
them again as if never voted �n before.,A Therefore, the issue
before the Board is an ordinance to rezone the Denham property to
C-2
City Attorney Jerry Rose `read the ordinance for the first time.
Coody, seconded by Vorsanger, made a motion to suspend the rules
and place the ordinance on its second reading. Upon roll call, the
•
September 3, 1991
motion passed by a vote of 7 to 0. The ordinance was read for the
second time. Coody, seconded by Vorsanger, made a motion to
further suspend the rules and place the ordinance on its third and
final reading. Upon roll call, the motion was passed by a vote of
7 to 0. The ordinance was read for the third and final time.
Vorsanger, seconded by Coody, made a motion to amend the ordinance
changing the wording from C-2 to R -O, Residential -Office.
Danny Wright, representing the Denhams, addressed the Board stating
that the original request was for rezoning to R -O, C-1 or C-2. The
Denhams want to put a real estate office on this property, and the
practical effect of the difference with these various zonings is
not whether they can operate a real estate office there, but rather
has to do with the signage as the R-0 signage is extremely
restrictive. The Denhams original request was for a C-1 rezoning.
Director Henry stated that she is reluctant to Overturn the
Planning Commission's recommendation for a R -O rezoning. She
further stated that there was a lack of a comprehensive land use
plan for Fayetteville.
Director Green stated that the City needed to be clear on the
purpose for rezoning and not use it to get around the sign
ordinance.
Upon roll call, the amendment to the ordinance changing the
language from C-2 to R -O, passed by a vote of 6 to 1, with Director
Blackston voting in the minority.
Upon roll call, the ordinance passed by a vote of 6 to 1, with
Director Blackston voting no.
ORDINANCE 3565 APPEARS ON PAGE 2m OF ORDINANCE AND RESOLUTION
BOOK )(XVI
RYAN SETTLEMENT
City Manager Scott Linebaugh reported that they had an offer for
settlement on the Ryan case on Stubblefield Road.
City Attorney Jerry Rose reported that the Ryans have appealed a
Fayetteville Board of Adjustment decision of April 1, 1991, denying
their request to obtain a set -back variance to construct a garage
on their property located at 2062 Stubblefield Road. The Ryans
have offered a settlement of $750.00 as a fine in return for the
variance being allowed. Rose recommends the settlement due to the
adjoining property owners agreeing to the set -back variance on
behalf of the Ryans. Traditionally, either a jury or court have
applied a balancing of equities test to these appeals, and in this
case, the balancing tends to lean toward the Ryans. Rose explained
1
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September 3, 1991'
that the foundation for the garage was there when they bought the
property, but the contractor did not obtain a building permit.
Blackston, seconded. by Spivey, made a motion to accept the
settlement offer.
Director Blackston stated that it seems unfair to penalize someone
for an act that was done prior totheirpurchase of the property.
Director Spivey stated that the Ryans purchased this property in
good faith and this $750.00 fine seems too high, and he requested
that this fine be amended.
Attorney Rose stated that the contractor had offered to pay $500.00
toward the fine.
Director Green stated that there was a similar case a year ago
where the Board approved a settlement offer on a set -back variance
and later discovered that there were other circumstances
surrounding the Board of Adjustment's decision. To avoid this kind
of problem, Green requested that they table this issue until they
can hear from the Board of Adjustment.
Green, seconded by Coody, made a motion to table this matter.
Upon roll call, the motion to table passed by a vote of 7 to 0.
•
WORKSHOPS
City Manager Linebaugh reported a time needed to be set for two
workshops. One is dealing with the needs study conducted by Roth
& Shepherd for the Systematics Building renovation, the need for
additional police officers, the need for the communications
division, and for the prosecutor in the next ten years. The second
one deals with the solid waste workshop.,
It was decided that the Roth & Shepherd'study be held at 6:00 to
7:15 before the Board meeting on`September.17. The Board decided
to meet on the solid waste.workshop after the agenda session on
Wednesday, September 11.
FIRE RESCUE TRUCK:-
City
RUCK-
City Manager Linebaugh reported°that the"newsfire rescue truck had
arrived and was outside fortheBoard to inspect after the meeting.
,' CONCRETE WALL
Director Coody reported that:the concrete wall on College Avenue is
deteriorating and dangerous. Although= it is the state's
responsibility to repair the same,' Coody'requested that they pass
a resolution to send to the Governor. or Arkansas Highway &
Transportation Department to speed up the process.
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f:c29i
September 3, 1991
Coody, seconded by Nash, made a motion to pass the resolution.
Upon roll call, the resolution passed by a vote of 7 to 0.
RESOLUTION 166-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
FIREFIGHTER AWARD
Director Nash asked Chief Mickey Jackson to explain the firefighter
recognition in the agenda informational items.
Chief Jackson reported that Charles Jordan witnessed a bag of mail
falling out of a mail truck on the bypass, and he stopped and
retrieved the mail, not losing a single piece. Therefore, an ABC,
"Atta Boy Commendation," award was given to him.
GUIDO COMPLAINT
Director Nash inquired as to whether the Guido matter had been
resolved. City Attorney Rose responded that he had spoken to Mr.
Guido explaining to him that the City cannot help him, and that he
needs to seek his own legal advice.
Kevin Crosson pointed out that Mr. Guido was asking the Board to do
something that they could not do.
PE G
PACE CHANNEL JOB DESCRIPTION
Director Nash addressed the contract with the per -channels and job
description of the lady hired, and requested that the contracts and
minutes from the meetings wherein this was discussed, be presented
at the next Agenda Meeting.
UNITED WAY CAMPAIGN
Mayor Vorsanger announced that the United Way Campaign was underway
and encouraged the Directors to contribute to the United Way as
representatives of the City.
HERBICIDE SPRAYING
Barbara Moorman, resident of Fayetteville, addressed the Board with
regard to the herbicide demonstrations, requesting that she and the
members of the Herbicide Task Force Committee be notified in the
future when such spraying was to be done. She stated she had
talked with Jerry Cooper on several occasions, and he failed to
properly notify her of when the herbicide spraying was to take
place. Moorman asked for verification on the status of the
contract with the University for demonstration projects with
herbicides; what relationship there is between the demonstration
spraying taking place at the present time and the schedule that is
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September 3, 1991
attached to the contract with the University; and what is the
actual schedule (dates and times) proposed for spraying. Moorman
stated that four different herbicides were sprayed at the North
Street test site and this is in direct violation of the intent of
the vegetation management policy and procedures.
City Manager Linebaugh responded that they would provide the
requested information to Ms. Moorman. He further stated that the
status of the contract was amended with a resolution to lift the
moratorium and that the procedure is to send notifications of the
intent to spray herbicides at the various locations, .as well as
print the information in the newspaper. Linebaugh stated that the
weather, rain,'and wind, would have an affect on the spraying.
Director Coody stated that in his opinion, thevegetation
management policy is virtually worthless as the intent was to
explore alternatives and these have been overlooked. He apologized
for the breakdown in communication between Ms. Moorman and Mr.
Cooper with respect to the latest spraying.
Mayor Vorsanger stated that they should hear Mr. Cooper's side of
the story before passing judgment.
Joe Alexander addressed the Board stating that at hearings on this
subject, David Ruff spoke in favor of reducing the amount of
information given to the public about the type of herbicides being
Used.
•
OPEN CHANNEL
Bill Ames, volunteer of Open Channel, addressed the Board stating
that his rights have been violated as his program was not
broadcast. Ames requestedthat the City,should find a different
solution for the management of the Open Channel rather than the
Cable Administrator.
Shea Crain, Cable Administrator, addressed the Board stating that
she had nothing to do with pulling programming on Open Channel.
She explained that the City is•working with an interim contract
with Fayetteville Open Channel, passed last October, giving Open
Channel a $75,000.00 annual grant with which to operate, and Crane
was hired as of July 15th'as Cable Administrator. Crain stated
that they were in the process of renegotiating the contract for the
1992 year with the Cable Board. Crain explained that part of her
job was to develop a cooperative financial plan with the Open
Channel, and administer the contract with Open Channel on behalf of
the City.
Director Coody expressed his concern and did not want the City to
be able to control the media to suppress any opposing opinions.
Marian Orton, President of the Board of Open Channel, addressed the
Board stating that the meeting in question was taped by an amateur
September 3, 1991
wanting experience, and the quality of the tape was poor. When Mr.
Ames prepared his program, he put his commentary in the form of
subtitles on the screen. In her opinion, it appeared that his
subtitles were supposed to be the audio from the meeting. The
subtitles or commentary provided by Mr. Ames were not reflective of
what she was saying at the meeting, and she believes this to be a
violation of her freedom of speech. When the program was aired,
the tape without the subtitles or Mr. Ames' comments was shown.
Director Coody stated he had watched the program, and he could tell
that what Mrs. Orton was saying and the subtitles were not the
same.
Director Spivey stated this may be true, but he asked if there was
a disclosure on the program stating the subtitles were his
commentary.
•
Director Coody stated there was no such disclosure.
Director Spivey stated he felt this matter should be handled
internally at Open Channel and with the Cable Board but should not
be a matter for the City Board.
ADJOURNMENT
The meeting adjourned at 10:24 p.m.