HomeMy WebLinkAbout203-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 203-22
File Number: 2022-0782
CITY OF SPRINGDALE WATER SERVICE AGREEMENT AMENDMENT:
A RESOLUTION TO APPROVE AN AMENDMENT TO THE WATER SERVICE
AGREEMENT WITH THE CITY OF SPRINGDALE TO MOVE THE WATER SERVICE
BOUNDARY TO ALLOW FOUR PARCELS OF LAND NOW IN THE SPRINGDALE WATER
SERVICE AREA BE MOVED INTO THE FAYETTEVILLE WATER SERVICE AREA
WHEREAS, Fayetteville and Springdale each operate a water distribution system within exclusive
territories that were delineated in a Memorandum of Understanding executed in 1967 by and between
the Beaver Water District and its respective customer cities; and
WHEREAS, four parcels located near Albright Road and Crossover Road are currently within the
Fayetteville City Limits but are also within the Springdale Water and Sewer Service Boundary; and
WHEREAS, both the Springdale Water and Sewer Commission and the Springdale City Council
have approved the transfer of these four parcels to the Fayetteville service area; and
WHEREAS, on August 9th, 2022, the Fayetteville Water & Sewer Committee voted unanimously to
recommend approval of the transfer to the Fayetteville City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor
Jordan to sign an agreement with the City of Springdale to adjust the water service boundary line
between Fayetteville and Springdale to allow the four parcels of land to be moved into the Fayetteville
Water Service area.
Page 1
Printed on 917122
Resolution: 203-22
File Number: 2022-0782
PASSED and APPROVED on 9/6/2022
Attest:
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RYE�t vrLLt,;`UX
Kara Paxton, City Clerk Treasu ; cj
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Page 2 Printed on 917122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0782
Agenda Date: 9/6/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.13
CITY OF SPRINGDALE WATER SERVICE AGREEMENT AMENDMENT:
A RESOLUTION TO APPROVE AN AMENDMENT TO THE WATER SERVICE AGREEMENT
WITH THE CITY OF SPRINGDALE TO MOVE THE WATER SERVICE BOUNDARY TO ALLOW
FOUR PARCELS OF LAND NOW IN THE SPRINGDALE WATER SERVICE AREA BE MOVED
INTO THE FAYETTEVILLE WATER SERVICE AREA
WHEREAS, Fayetteville and Springdale each operate a water distribution system within exclusive territories
that were delineated in a Memorandum of Understanding executed in 1967 by and between the Beaver Water
District and its respective customer cities; and
WHEREAS, four parcels located near Albright Road and Crossover Road are currently within the Fayetteville
City Limits but are also within the Springdale Water and Sewer Service Boundary; and
WHEREAS, both the Springdale Water and Sewer Commission and the Springdale City Council have
approved the transfer of these four parcels to the Fayetteville service area; and
WHEREAS, on August 9th, 2022, the Fayetteville Water & Sewer Committee voted unanimously to
recommend approval of the transfer to the Fayetteville City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign an agreement with the City of Springdale to adjust the water service boundary line between Fayetteville
and Springdale to allow the four parcels of land to be moved into the Fayetteville Water Service area.
City of Fayetteville, Arkansas Page 1 Printed on 91712022
City of Fayetteville Staff Review Form
2022-0782
Legistar File ID
9/6/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 8/19/2022 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends a boundary adjustment to allow the City to provide water and sewer service to a small number
of customers that are in the Fayetteville city limits but located in the Springdale service area.
Budget Impact:
N/A N/A
Account Number
N/A
Project Number
Budgeted Item? No
Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
N/A
Project Title
$ -
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 6, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: August 17, 2022
CITY COUNCIL MEMO
SUBJECT: Fayetteville/Springdale Water Service Boundary Change
RECOMMENDATION:
Staff recommends a boundary adjustment to allow the City to provide water and sewer service
to a small number of customers that are in the Fayetteville city limits but located in the
Springdale service area.
BACKGROUND:
Fayetteville and Springdale each operate a water distribution system within exclusive territories
that were delineated in a Memorandum of Understanding (MOU) executed in 1967 by and
between the Beaver Water District and its respective customer cities. The adjustment of the
boundaries created by the MOU have been necessary from time to time so that each city can
efficiently extend water service into areas where such service is not being provided, and the
MOU contains provisions whereby the water service boundaries between two customer cities
may be amended upon mutual consent of the affected cities.
DISCUSSION:
There are four parcels located near Albright Road and Crossover Road that are currently within
the Fayetteville City Limits but are also within the Springdale Water and Sewer Service
Boundary. It is requested that these parcels be taken out of the Springdale service area and
placed inside the Fayetteville service area.
This item was approved by the Springdale Water and Sewer Commission on December 15,
2021 and approved by Resolution by the Springdale City Council on June 14, 2022.
This item was presented to the Water & Sewer Committee at its regularly scheduled meeting on
August 9th, 2022, with a 3-0 vote to forward it to the City Council with a recommendation for
approval. Staff requests the Mayor's signature on the attached agreement, which is signed by
the Mayor of Springdale.
BUDGET/STAFF IMPACT:
There is currently no budget impact for this item. It will be the owner/developer's responsibility to
construct water and sewer infrastructure to connect to Fayetteville's system.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
Agreement
Boundary Map
Springdale Water & Sewer Commission Minutes
Springdale City Council Resolution
AGREEMENT
THIS AGREEMENT is made and entered into this tqVn day of ej , 2022, by
and between the City of Fayetteville, Arkansas, hereinafter referred to as "Fayetteville," and the
City of Springdale, Arkansas, hereinafter referred to as "Springdale."
WITNESSETH:
WHEREAS, the parties each operate a water distribution system within exclusive
territories as delineated in a certain Memorandum of Understanding, executed in 1967 by and
between the Beaver Water District and its respective member cities, hereinafter referred to as the
"1967 Memorandum of Understanding;" and
WHEREAS, the cities of Fayetteville and Springdale recognize that an adjustment of the
territorial boundaries created by the 1967 Memorandum of Understanding may be necessary
from time to time so that each city can efficiently extend water service into areas where such
service is currently not being provided; and
WHEREAS, Paragraph Number 20 of the 1967 Memorandum of Understanding contains
provisions whereby the water service boundary between two member cities may be amended
upon mutual consent of the affected cities; and
WHEREAS, the cities of Fayetteville and Springdale have a mutual desire to amend the
current territorial boundary between the two cities; and
WHEREAS, the cities of Fayetteville and Springdale desire to cooperate and thereby
advance and protect the interest of each by entering into this Agreement;
NOW THEREFORE, in consideration of the covenants and agreements herein contained,
and adequacy and receipt of which is acknowledged, it is mutually understood and agreed by and
between the parties hereto as follows:
SECTION 1 - DESIGNATION OF TERRITORY
Fayetteville and Springdale hereby agree that the water territory boundary between the two cities
shall be amended to reflect a new boundary as depicted in Exhibit 1, attached hereto and
incorporated in this agreement by reference and deemed to be a part hereof. The parties
acknowledge that this is a modification to the territorial boundaries delineated in the 1967
Memorandum of Understanding, as well as subsequent amendments thereto. This boundary
adjustment is deemed appropriate and necessary in view of the location of respective facilities
owned by each party and the need to efficiently extend water service into areas where municipal
water service is currently not being provided.
SECTION 2 - REAFFIRMATION OF EARLIER AGREEMENTS
Except as modified herby, the parties otherwise reaffirm and ratify earlier agreements of the
parties.
SECTION 3 - CONDITION OF AGREEMENT
This agreement is conditioned upon and subject to the necessary actions by the respective City
Councils of the parties approving this agreement.
SECTION 4 - PLEDGE OF CONTINUED COOPERATION
Both parties renew and affirm their mutual pledge to cooperate in this and any future beneficial
water service boundary adjustments in their collective effort to most efficiently and fairly serve
Washington County customers.
SECTION 5 - EFFECTIVE DATE
The effective date of this agreement shall be the date in which its approval is voted by the last
City Council and the other having already done so.
SECTION 6 - EXECUTION OF COUNTERPART
This agreement may be executed in one or more counterparts, each of which so executed shall
constitute an original and all of which together shall constitute one and the same agreement. The
parties further agree that, to avoid any misunderstanding, only those copies of Exhibit I which
bear the signature of both of the respective mayors of Fayetteville and Springdale, may be relied
upon.
SECTION 7 - BINDING EFFECT
This agreement shall be binding upon and inure to the parties hereto, their successors and
assigns.
SECTION 8 - ENTIRE AGREEMENT
This agreement, including the Exhibit hereto, constitutes the entire agreement between the
parties. Except as referenced in Section 2, there are not and shall not be any verbal statements,
representations, warranties, undertakings or agreements between the parties and this agreement
may not be amended or modified in any respect except by written instrument signed by both
parties hereto.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto the
date and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
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Doug Sprouse, Mayor
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LECENo-
Fayetteville
RESOLUTION NO.60-22
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO AN AGREEMENT WITH THE
CITY OF FAYETTEVILLE CONCERNING THE WATER
TERRITORY BOUNDARY BETWEEN THE TWO CITIES.
WHEREAS, the City of Springdale and the City of Fayetteville entered into a
Memorandum of Understanding in 1967 with the Beaver Water District;
WHEREAS, an adjustment of territorial boundaries created by said Memorandum of
Understanding is necessary from time to time so that each city can efficiently extend water
service into areas where such service is currently not being provided;
WHEREAS, the Memorandum of Understanding contains provisions whereby the water
service boundary between two member cities may be amended upon mutual consent of the
affected cities;
WHEREAS, the water territory boundary between the City of Springdale and the City of
Fayetteville was previously amended on October 24, 2006, by Resolution No. 201-06; and
WHEREAS, the City of Springdale desires to cooperate with the City of Fayetteville to
amend the current territorial boundary between the two cities by entering into an Agreement, a
copy of which is attached hereto as Exhibit "A" and made a part hereof as though set out herein
word for word.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF SPRINGDALE, ARKANSAS, that the Mayor and City Clerk are hereby authorized
to enter into an agreement with the City of Fayetteville to adjust the territorial boundaries created
by the 1967 Memorandum of Understanding, and amended by Resolution No. 201-06.
PASSED AND APPROVED this 14th day of June, 2022.
J) '-LLt" ,
Doug pros , NWOR
ATTEST:
Denise Pearce, CITY CLERK !
APPROVED:
Ernest B. Cate, CITY ATTORNEY
EmestCa/2022Misc/RESOWaterBoundary
WILLIAM P. WATKINS, III, P.A.
RONALD L. BOYER, P.A.
JENNIFER E. GRAY, P.A.*
ANDREW T. CURRY, P.A.
WILLIAM A. KELLSTROM
JOHN E. JENNINGS (OF COUNSEL)
* ALSO LICENSED IN MISSOURI
WATKINS, BOYER,
GRAY & CURRY, PLLC
ATTORNEYS AT LAW
8Y.�'�
WRITER'S DIRECT E-MAIL
wkellstrom@watkinslawoffice.com
November 12, 2021
Springdale Water and Sewer Commission
Heath Ward, Executive Director
526 Oak Ave
Springdale, AR 72764
Also via Email to:
Springdale Water and Sewer Commission
Rick Pulverenti
rulverenti@springdalewater.com
Crouch, Harwell, Fryar & Ferner, PLLC
Charlie Harwell
charwell@nwa.law
City of Springdale
Ernest Cate
ecate@springdalear.gov
Fayetteville Water and Sewer Services
Corey Granderson
cgranderson@fayetteville-ar.gov
DELYNN HALE, SECRETARY
Amy BENSON, PARALEGAL
WHITNEYDUCKER, OFFICE MANAGER
RE: Amendment to Water and Sewer Service Boundary Agreement Between
Fayetteville and Springdale, Arkansas
Dear Mr. Ward:
My name is Will Kellstrom and I have been hired to obtain an amendment of the Water and
Sewer Boundary between Fayetteville and Springdale. Specifically, I am requesting that four parcels
which are currently within Fayetteville City Limits, but Springdale Water and Sewer Boundary be
taken out of the Springdale service area and placed inside the Fayetteville service area.
There are two areas of land which we are proposing be moved. One is comprised of
Washington County Parcel Nos. 765-13212-800, 765-24093-000, both owned by John and Leslie
Nooncaster and Parcel No. 765-24091-000, owned by Nooncaster Vineyards, Inc. (hereinafter "the
1106 WEST POPLAR STREET REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING
ROGERS, AR 72756 CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY
PH: 479-636-2168 CRIMINAL LAW, FAMILY LAW, GUARDIANSIIIPS, LANDLORD -TENANT
FX: 479-636-6098 ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION
WWW.WATKINSLAWOFFICE.COM CIVIL LITIGATION, COMMERCIAL & CONSUMERiVO'22OLLECTION
Water and Sewer Service Boundary Amendment
Page 2
Nooncaster Parcels"). The other is comprised of only Parcel No. 765-13208-001, owned by Cadence
Ridge, LLC (hereinafter the "Cadence Parcel"). GIS Screenshots of both the Cadence and Nooncaster
Parcels showing boundary lines and Fayetteville utility lines have been enclosed with this letter.
The purpose of requesting that the service boundary be changed is to allow the
owners/developers of the parcels to connect to Fayetteville Water and Sewer services because there is
not adequate connectivity to Springdale utilities to allow the subject properties to be fully developed. A
GIS Screenshot showing the service boundary and nearby Springdale utility lines has been enclosed
with this letter as well.
As for the Nooncaster Parcels, there is currently a Springdale six-inch (6") water line along
Albright Road, but there are no Springdale sewer lines to which the landowner could connect. Indeed,
all of the homes in this area of Springdale are on septic. As shown on the GIS screenshot of the
Nooncaster parcel, there are Fayetteville eight -inch (8") sewer lines and six-inch (6") water lines along
Greystone Dr. and Blue Stone Dr. which could be connected to if the Nooncaster Parcel was in the
Fayetteville service boundary. As for the Cadence Parcel, there is neither Springdale water or sewer to
connect to. As shown on the screenshot of the Cadence Parcel, there are Fayetteville six-inch (6")
water and eight -inch (8") sewer lines to the South to connect to in the cul-de-sac where N. Castlewood
Ln. terminates. It is noteworthy to mention that the service boundary actually bissects the Cadence
Parcel.
I have previously reached out to Rick Pulverenti, Ernest Cate, Charlie Harwell and Corey
Granderson of Fayetteville Water and Sewer Services regarding this request, and they have each been
copied on this letter. Please let me know what I need to submit in order to accomplish this request.
Thank you for reviewing this request. If you have any questions, feel free to contact me at
wkellstroin a?watkinslawoffice.com or at 479-636-2168.
Sincerely,
WATKINS, BOYER,
GRAY & CURRY, PLLC
lsl Will A. Kellstrom
Will A. Kellstrom
WK:
PC:
Page 23
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MINUTES OF
SPRINGDALE WATER AND SEWER COMMISSION MEETING
December 15, 2021
Call to Order — Chair Chris Weiser
Chair Chris Weiser called the meeting to order at 10:00 a.m. on Wednesday, December 15,
2021, in the commission chambers of the Walter Turnbow Administration Building,
Springdale Water Utilities, 526 Oak Avenue, Springdale, Arkansas.
2. Roll call — Leanna Hollingsworth
Roll call was answered by: Chair Chris Weiser, Vice -Chair Al Hanby (via Zoom), Secretary
Paul Lawrence, Commissioner Lynn Carver (via Zoom), and Commissioner J. Max Van
Hoose.
Staff members attending: Executive Director Heath Ward, Chief Operating Officer Rick
Pulvirenti, Director of Administration and Human Resources Kim Patulak, Distribution
Director Shawn Dorman, Technical Services Director Tim Hawkins, Wastewater Facilities
Director Jennifer Enos, Director of Finance Chris Clark, Executive Secretary Leanna
Hollingsworth, and Financial Analyst Jose Banderas (via Zoom). Also attending: Legal
Counsel Charles Harwell; Will Kellstrom with Watkins, Boyer, Gray & Curry, PLLC; Jason
Appel with ESI; Jesse Fulcher with Rausch Coleman; Brad Hammond with Olsson; Laurinda
Joenks with the Northwest Arkansas Democrat Gazette; and Alaina Siebels Guillen with
Leadership Springdale.
Chair Weiser stated that the commission will go into executive session at the end of the
meeting.
3. Consent Items — Chair Chris Weiser
A motion was made by Vice -Chair Hanby to approve consent items as presented which
included: a) Minutes of the November 17, 2021 commission meeting, b) Financial
statements and bills paid — November 2021, c) Management report — November 2021, and
d) Revision to Policy Bulletin No. 67 — Employee health insurance coverage. The motion
was seconded by Secretary Lawrence. Motion carried.
4. Water and sewer service boundary agreement amendment request — Will
Kellstrom — Watkins, Boyer, Gray & Curry, PLLC
Will Kellstrom addressed the commission on behalf of his clients regarding a service
boundary adjustment for property they own on Albright Road and Crossover Road. His
clients are requesting to connect to the city of Fayetteville's water and sewer lines for four
parcels that are in the city of Fayetteville but within Springdale's water service boundary.
Springdale Water has a 6-inch water line in the area, but no sewer. If the boundary
adjustment is approved by the commission and the city of Fayetteville, it will need to be
presented to Arkansas Natural Resources Commission (ANRC) to adjust the boundary in
accordance with the State Water Plan. Chief Operating Officer Rick Pulvirenti stated there
Minutes
Page 2
December 15, 2021
is also property on Embry Drive that is in Springdale's service area, but is served by
Fayetteville. He would like to work with the city of Fayetteville to get that area cleaned up as
well as two residences near the Blessings Golf Course on Highway 112 that are served by
Springdale but in Fayetteville's service area. Chair Weiser stated the commission has a
long history working with Fayetteville and Rogers. Chief Operating Officer Pulvirenti stated
the boundary adjustment will probably go to city council because of the memorandum of
understanding with respect to Beaver Water District. If approved there will be some
expenses involved with ANRC for the boundary adjustment, legal counsel fees, staff's time,
and other miscellaneous fees. Mr. Kellstrom stated his clients are agreeable to pay the
expenses involved. Secretary Lawrence made a motion to move forward with the request.
The motion was seconded by Vice -Chair Hanby. Motion was approved.
5. Request authorization to participate in water and sewer main line extensions
for the Cottages Subdivision — Rick Pulvirenti
Chief Operating Officer Pulvirenti received a letter from Jason Appel with ESI requesting the
commission's participation in water and sewer main line extensions for the Cottages
Subdivision owned by Rausch Coleman. The subdivision will be located south of Highway
412 East and west of Eupeil Lane. The master plan recommends that a 12-inch water main
and 15-inch sanitary sewer main be installed with the development in lieu of 8-inch mains.
Staff has worked with ESI on bids they received for the water and sewer improvements in
the subdivision. The commission's estimated cost to upgrade the lines is $200,000. The
actual cost will be determined upon construction. Commissioner Van Hoose made a motion
to authorize staff to work with ESI for commission participation. Vice -Chair Hanby seconded
the motion. Motion passed.
6. Consider bids received for the annual CIPP Project — Rick Pulvirenti
Two bids were received on November 30t" for the annual CIPP project. The low bid was
submitted by Insituform Technologies, LLC in the amount of $2,082,127.00. SWU's
estimate is $2,328,288.41. The contract includes a clause which allows the contract to be
extended for another one-year period if all parties are agreeable. Chair Weiser asked if the
wastewater treatment facility has seen any results from the CIPP work done thus far.
Wastewater Facilities Director Jennifer Enos stated each storm event is different so it's hard
to say. Executive Director Ward stated the plant used to see a lot of sharper spikes and is
still getting I&I, but it is slowing down. Technical Services Director Tim Hawkins stated there
has been a tremendous improvement at the Johnson Lift Station. Chair Weiser stated he is
proud of the organization to continue to make improvements in the system. Commissioner
Carver made a motion to adopt the resolution which approves the bid and contract with
Insituform. The motion was seconded by Secretary Lawrence. Motion accepted. The
resolution was number 25-21.
7. Discuss property owner request for participation of water and sewer main line
extensions along the Dixieland Road Project — Rick Pulvirenti
Minutes
Page 3
December 15, 2021
The city is planning to extend Dixieland Road from Apple Blossom Avenue to Wagon Wheel
Road. The utility tries to get water and sewer lines along new thoroughfares where it makes
sense from the standpoint of the utility as a whole. There are only four property owners in
the area of the planned improvements. Chief Operating Officer Pulvirenti stated it did not
make sense to him for the utility to spend $1 Million to a water line to benefit four property
owners. It is not needed for distribution of water in the area because there is an existing 24-
inch water line along Wagon Wheel Road as well as a 16-inch water line along Apple
Blossom Road, and a 16-inch water line just along to the east that traverses the area. One
property owner, McFryar, LLC is trying to get water and sewer to a six -acre tract between
Graham Road and Wagon Wheel Road. McFryar is asking for the ability to work with the
commission for the work by putting it in the bid of the city to see what it bids. They are
willing to pay for the work, but will reserve the right to either do the work or not depending
on the prices. Pulvirenti has talked with the city and they are agreeable to that concept to
include the work in their bid. Pulvirenti is asking for the commission's permission to move in
that direction to build a water and sewer line to serve the McFryar property at their expense.
The utility would like to get sewer across Apple Blossom to the south side at Dixieland
during the Dixieland Road project. If it works out for the developer, staff will work with Legal
Counsel Charles Harwell to prepare a contract for reimbursement from the property owner.
The commission agreed with the request and instructed staff to proceed.
8. Consider annual bids received for chemicals used at the Wastewater Treatment
Facility — Jennifer Enos
Wastewater Facilities Director Jennifer Enos stated that bids were opened on December
2nd for chemicals used at the Wastewater Treatment Facility. Twenty-one packets were
sent out and eight responded. A bid was received for every chemical used at the
wastewater facilities. Polydyne submitted the highest bid per pound for liquid polymer, but
the lowest price per ton. Their product requires fewer pounds per ton to thicken the sludge
compared to the liquid polymer from Solenis. Even though the bid price from Solenis is
lower, the cost per ton to use their polymer is higher with Solenis. Enos is recommending
Polydyne as the lowest cost per ton. The low bid from Brenntag Mid -South for liquid
chlorine increased 161.7%. They reached out to staff this year and said they would no
longer honor the bid price that they provided last December because their prices have gone
up so high. They stated the utility could either take the prices they gave the commission or
declare force majeure and not provide that product. The wastewater plant has to have
chlorine so Brenntag was told whatever price they charge is what will be paid. There is a
concern with product availability. Enos received a commitment from Brenntag to review the
prices in March and if prices have dropped, they have offered to lower the price.
Commissioner Carver made the motion to approve the bids as recommended for each
chemical. Commissioner Van Hoose seconded the motion. Before the vote, Commissioner
Van Hoose asked a few questions. The motion was then approved. (Copy of bid tabulation
attached to minutes)
9. Progress report on construction projects — Rick Pulvirenti
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December 15, 2021
The Clear Creek and Butterfield Coach Lift Station upgrades are currently out for bid. Staff
has received Health Department approval for both projects, so staff is moving forward with
the upgrades. There are certain contractual obligations for cost sharing for both lift stations.
Contracts for the pumps are available to sign today. Staff has been working with the switch
gear company to develop a package that the utility can get on time so that modifications can
be made. The commission is currently under contract with Hill Electric for the Ball generator
and miscellaneous modifications. After talking with Hill Electric, staff discussed the
possibility of issuing a change order for Hill Electric to do the electrical work necessary to
get the 105 HP pumps on line by the end of summer. There is a possibility staff could do a
change order and put an allowance in the change order for the Clear Creek Lift Station so
that they basically hire Hill Electric who is already working on the lift station. Brad
Hammond with Olsson stated the estimated cost for the first phase is $1,035,000. Olsson
has looked at the proposal and with suppliers of the switch gear. Pulvirenti is not ready to
do this now because there are a few things to be done. The issue has been discussed with
Legal Counsel Harwell, but he needs to look at the contract. A pre -bid conference is
scheduled for January 4th to go through the plans with bidders. Pulvirenti asked that the
commission give the Executive Director authorization to make the ultimate decision on a $1
Million contract if in the best interest of the commission and approved by the commission
and Legal Counsel. Secretary Lawrence made the motion to authorize the Executive
Director to sign the change order if approved. Commissioner Van Hoose seconded the
motion. Before the vote, Commissioner Carver asked if staff is saying with the time that it
would take staff to come to a decision about what direction to move and the time it would
take to notify all of the commission to get together for a vote, that much time might cause a
drastic change. Pulvirenti stated it would potentially delay the bid opening for at least an
additional month which would delay the project. The lift station upgrades must be
completed by August due to the contractual obligations. Commissioner Carver stated it
makes her uncomfortable to approve something of this magnitude without having
information about the details and is the commission setting a precedence. Commissioner
Carver stated she would vote for the request based on what was presented. Legal Counsel
Harwell stated this issue doesn't set a precedence because the commission maintains the
authority ultimately to decide on an ad hoc basis whether it is in the best interest of the
commission. The commission votes on these things based on the information presented. If
the situation comes up again the commission will have that opportunity again to make a
decision. The commission is not giving carte blanche to the Executive Director to make and
sign change orders. Due to supply chain issues this may happen again, but the commission
can base their decision on it at that time. After the discussion, the motion was then
approved.
40th Street Waterline Extension City Bond Project — The project is essentially complete
Gene George 24" Waterline City Bond Project — The project is essentially complete.
64th Street Waterline Extension City Bond Project — Construction on the street
improvements continues.
Minutes
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December 15, 2021
Cooper Drive Waterline Project (SWU) — The project is complete. Staff and Legal Counsel
Harwell continue to work with the construction company and a disgruntled property owner
regarding a claim on the project.
Ball Generator and Misc. Electrical Modifications (Engineering) — Hill Electric has asked for
a small extension to their contract.
Sewer Annual Maintenance CIPP 2019 (SWU) (WO#3) — Insituform is working at Park and
Caudle lining the sewers under the new road.
Sludge Drying Facilities — Staff is working with the engineer and manufacturer trying to
complete the project. Wastewater Facilities Director Jennifer Enos stated that Huber is at
the wastewater facility today wrapping up their portion of the project. The dryer is running
24/7. Liberty is doing a great job keeping up with the sludge hauling. Staff is looking at
possibly giving up the leased truck after the first of the year.
Annual Manhole Rehabilitation 2020 (SWU) — The project is moving forward.
Nob Hill Water (Est. Const. $750,000) — Crews are trying to resurrect an old defunct 12-inch
water line that was put in for a proposed development in 2008 that traverses from the bridge
to the Nob Hill tank. That development was never completed. Crews were able to find an
existing bore in place that crossed the old Highway 412 at the tank. The water line stopped
short of the bore. Hopefully plans will be developed in the next few months to present to the
commission in order to bid the project.
Gene George Blvd. Water and Sewer Project — The project will be moved to the top of the
current construction projects.
West Side Water Study (Est. Const. $28.2 Million) — A route has been chosen and staff is
working with the engineer to develop plans.
Emma Avenue Water and Sewer Relocation-RGW Realignment (Eng.) — Pulvirenti is unsure
of the status of the project. Additional fire hydrants will be added to beef up fire protection.
Bethel Heights Remediation — The EID document and thirty -day notification for a public
meeting is underway. The public meeting is scheduled for the second week of January as
required for the loan.
Damaged Overhead Pipe WWTF — Contracts are in hand from the contractor. The pipe will
have to be made for the project.
Benton Farm Pump Station Upgrade (Est. Const. $4.6 Million) — Staff is working with the city
of Lowell for their presentation to the city council scheduled in January.
Johnson Force Main Improvements — The project is on hold, but it is shovel ready.
Minutes
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December 15, 2021
Spring Creek Interceptor Engineering (Est. Const. $22 Million) — The project is on hold. Staff
is working on the last couple of easements.
Pulvirenti stated staff is working with TischlerBise on the economic analysis. Meetings are
planned for January to look at cost for growth. Some of the projects will be brought forward,
most notably the Spring Creek Interceptor. Several hundred apartments are planned
downtown.
WWTF Clarification Improvements -Engineering (Est. Const. $34.7 Million) — The plans are
essentially 95% complete. Staff is working with the engineer.
WWTF Master Plan — The project is moving forward.
10. Comments from staff, legal counsel, and commissioners — Chair Chris Weiser
Executive Director Ward announced that Wastewater Operations Supervisor Paul Frisbie
received the Wastewater Manager of the Year Greater than 5,000 Population Award at the
December meeting of the Northwest District of the Arkansas Water Works & Water
Environment Association.
11. Confirmation of date and time for the next commission meeting scheduled for
January 19, 2022 at 10:00 a.m. — Chair Chris Weiser
The next meeting was scheduled for January 19, 2022 beginning at 10:00 a.m. The
meeting will be open for the public to attend in person as well as conducted via Zoom.
Secretary Lawrence will be unable to attend the meeting.
Chair Weiser adjourned the meeting at 11:10 a.m. to enter into executive session to discuss
a personnel matter.
Chair Weiser called the meeting back to order at 11:27 a.m. He stated that no action was
taken and there will be no action taken.
12. Adjournment — Chair Chris Weiser
Chair Chris Weiser adjourned the meeting at 11.28 a.m.
Respectfully submitted,
Paul E. Lawrence Jr., Secretary