Tuesday, November 18, 2014

Tonight's city council 18 Nov. 2014 Final Agenda

November 18, 2014 Final Agenda Page 1 of 384
City of Fayetteville, Arkansas
113 West Mountain Street Fayetteville, AR 72701 479-575-8323 TDD - 479-521-1316
Meeting Agenda - Final
Tuesday, November 18, 2014 5:30 PM
City Hall--Room 219 City Council
Adella Gray Ward 1
Sarah Marsh Ward 1
Mark Kinion Ward 2 Matthew Petty Ward 2
Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 Rhonda Adams Ward 4

Alan Long Ward 4
ELECTED OFFICIALS:
Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith
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City Council
Meeting Agenda - Final
November 18, 2014 Final Agenda Page 2 of 384
November 18, 2014
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Call To Order
Roll Call
Pledge of Allegiance
Mayor’s Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
1. 2014-0477
Agenda Additions:
A. Consent:
Quarterly Financial Report - 3rd Quarter 2014, Paul Becker, Finance Director
Approval of the November 6, 2014 City Council Meeting Minutes
A RESOLUTION TO APPROVE THE PURCHASE OF NINE (9) MODULAR DESK SYSTEMS FROM NORMAN COMPANY OF FORT SMITH, ARKANSAS PURSUANT TO THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE CONTRACT IN THE AMOUNT OF $39,929.73
2014-0458 Norman Company
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING HAZMAT SERVICES REVENUE RECEIVED BY THE FIRE DEPARTMENT FROM WASHINGTON COUNTY IN 2014 IN THE AMOUNT OF $3,310.00
SRF & SRM Hazmat Revenue
BA_BUDGET_ADJUSTMENT_FORM_Hazmat Revenue Murphy Oil Response

A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $800.00 REPRESENTING DONATION REVENUE FROM PIERCE MANUFACTURING, INC., SMITH TWO-WAY RADIO, INC., AND G&W DIESEL SERVICE FOR THE FAYETTEVILLE FIRE DEPARTMENT’S ANNUAL EMPLOYEE SERVICE AWARD BANQUET
SRF & SRM Donation Revenue Recognized BA_BUDGET_ADJUSTMENT_FORM_Donation Revenue Nov 14
A. 1 A. 2
A. 3
A. 4
2014-0314 2014-0458
Attachments:
2014-0463
Attachments:
2014-0464
Attachments:
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City of Fayetteville, Arkansas
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City Council
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Meeting Agenda - Final November 18, 2014
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF AN ARKANSAS FIREWISE GRANT IN THE AMOUNT OF $500.00 FROM THE ARKANSAS FORESTRY COMMISSION FOR USE BY THE FIRE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT
SRF and SRM for Firewise Grant Acceptance 2014 BA_BUDGET_ADJUSTMENT_FORM_Firewise Grant 2014
A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH LOSE AND ASSOCIATES IN THE AMOUNT OF $3,277.41 FOR ADDITIONAL GEOTECHNICAL TESTING FOR THE DESIGN OF THE REGIONAL PARK
2014-0473 CO#2 with Lose & Assoc for Regional Park
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2014 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT THROUGH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT IN THE AMOUNT OF $10,000.00 FOR THE PURCHASE OF PUBLIC SPACE RECYCLING CONTAINERS, AND TO APPROVE A BUDGET ADJUSTMENT
Boston Mountain Recycling Grant Public Space Recycling Containers BA_Public Space Recycling Containers BM
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2014 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT THROUGH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT IN THE AMOUNT OF $5,000.00 FOR AN UPDATE OF THE CODE COMPLIANCE ACTIVITY BOOK, AND TO APPROVE A BUDGET ADJUSTMENT
Boston Mountain Recycling Grant Code Compliance Activity Book BA_Code Compliance Activity Book.xlsm
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A. 5
A. 6
A. 7
2014-0469
Attachments:
2014-0473
Attachments:
2014-0470
Attachments:
2014-0466
Attachments:
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A. 8
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B. Unfinished Business:
B. 1 2014-0451
Attachments:
C. New Business:
A RESOLUTION AMENDING THE MASTER STREET PLAN BY REMOVING THE SECTION OF FUTURE COLLECTOR STREET BETWEEN OAKLAND ZION ROAD AND ALTUS DRIVE, AS DESCRIBED AND DEPICTED IN THE ATTACHED MAP.
2014-0451 PPL 14-4790 Master Plan Amendment
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City of Fayetteville, Arkansas
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City Council
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Meeting Agenda - Final November 18, 2014
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH VOICE PRINT INTERNATIONAL, INC. FOR THE PURCHASE OF A DIGITAL VOICE RECORDING SYSTEM IN THE AMOUNT OF $70,706.00, AND TO APPROVE A BUDGET ADJUSTMENT
Voice Print International Inc
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A RESOLUTION TO AUTHORIZE AND ADOPT CONTINUING DISCLOSURE COMPLIANCE POLICIES AND PROCEDURES WITH RESPECT TO CITY DEBT ISSUES AND TO AUTHORIZE THE MAYOR OR DESIGNEE TO SELF-REPORT AND ACCEPT SETTLEMENT TERMS UNDER THE U.S. SECURITIES AND EXCHANGE COMMISSION’S MUNICIPALITIES CONTINUING DISCLOSURE COOPERATION INITIATIVE
Self-Report under the Municipalities Continuing Disclosuree Exhibit A Disclose Compliance Policies & Procedure
A RESOLUTION TO ADOPT THE 2015 ANNUAL BUDGET AND WORK PROGRAM
2014-0479 2015 Annual Budget and Work Program Additional 2015 Proposed Budget 11_12_2014_2
A RESOLUTION TO EXPRESS THE CITY COUNCIL’S INTENT TO AMEND CHAPTER 119 CIVIL RIGHTS ADMINISTRATION OF THE FAYETTEVILLE CODE AFTER ITS PASSAGE BY FAYETTEVILLE VOTERS
Agenda Packet Intent to Amend Civil Rights Ord
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C. 1
C. 2
2014-0465
Attachments:
2014-0471
Attachments:
2014-0479
Attachments:
2014-0525
Attachments:
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C. 3
C. 4
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D. City Council Agenda Session Presentations: E. City Council Tour:
F. Announcements:
G. Adjournment 

Saturday, November 8, 2014

November 7, 2014, video from Government Avenue near the Fayettevlle National Cemetery

World War ll vet Eugene Keister lives a block north of the Fayetteville National Cemetery but a new parcel purchased by Regional National Cemtery Improvement Corporation is on the north side of his house on Government Avenue. A visit with the 91-year-old Keister in video.http://youtu.be/D2GIHELLOn8?list=UUwcZunxqSV3zcgvRJqBn-Qw
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  • Aubrey James Shepherd

Wednesday, October 22, 2014

Keystone pipeline case goes to court in Atoka, Oklahoma

defendant Alec Johnson and community supporters from Oklahoma and Texas, followed the next day by a jury trial featuring the unprecedented use of a climate change necessity defense.
WHEN: Rally begins on Wednesday, October 22nd at 6:30pm. Trial begins the following day on Thursday, October 23rd at 9:00am.
WHERE: Both the rally and criminal trial will take place at the Atoka County Courthouse on 200 East Court Street, Atoka, Oklahoma, 74525.
eric johnson who blocked kxl construction in ok faces trial next wednesday‏

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eric johnson who blocked kxl construction in ok faces trial next wednesday

kxl pipeline truthforce Add to contacts 4:53 PM clear.gif
To: bill mckibben

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Keystone XL Pipeline Case Faces Jury in Oklahoma
Man who blockaded Keystone XL construction argues threats of climate change and environmental harm justify his actions
On April 22, 2013, Alec Johnson disrupted construction of the Keystone XL Pipeline near Tushka, Oklahoma by chaining himself to heavy equipment and effectively halting work. Eventually the police were called and Mr. Johnson was removed from the site and arrested. Now, more than a year after his arrest, Alec Johnson will attempt to make US history becoming the first to argue that he was justified in breaking the law to prevent a greater harm: the urgent threat of climate change. This kind of ‘necessity’ defense rooted in climate justice could have national implications for the growing movement of resistance to the fossil fuel industry across the US.
Mr. Johnson will argue that enforcing future generation’s rights to a stable climate and livable environment is not a crime. His defense will introduce a commanding consensus of climate science, including that of renowned climate scientist Dr. James Hansen who is preparing written testimony for the consideration of the court which will make clear that effective action to address the climate crisis is urgent and can no longer be delayed. Mr. Johnson will also draw attention to imminent health and safety risks posed by Keystone XL. He will address contamination threats to people living near the 1,700 mile pipeline route, the health problems experienced by First Nations communities from the extraction of tar sands, which is the product that flows through the KXL pipeline, as well as the toxic refinery emissions that it is forcing upon Gulf coast communities.
WHO: Alec Johnson, a 62 year old father of two and resident of East Texas, and dozens of supporters from across Oklahoma and Texas many of whom are directly impacted by the Keystone XL pipeline.
WHAT: A rally outside the Atoka County Courthouse featuring the voices of defendant Alec Johnson and community supporters from Oklahoma and Texas, followed the next day by a jury trial featuring the unprecedented use of a climate change necessity defense.
WHEN: Rally begins on Wednesday, October 22nd at 6:30pm. Trial begins the following day on Thursday, October 23rd at 9:00am.
WHERE: Both the rally and criminal trial will take place at the Atoka County Courthouse on 200 East Court Street, Atoka, Oklahoma, 74525.

Tuesday, September 2, 2014

Town Branch of the West Fork of the White River flirts with flood stage as intermittent storms pass over south Fayetteville, Arkansas

Trail only 18 inches higher than flow of Town Branch of the West Fork of the White River under S. School Avenue. Whose idea was this? Rain had slacked off but more could come. Video at 8:23 a.m. Tuesday, September 2, 2014. Ever drive South College when was was flowing over the bridge and bridge was temporarily closed? Now there is less room for water under the bridge.
http://youtu.be/I-8w_HpVdKU?list=UUwcZunxqSV3zcgvRJqBn-Qw
Video of trail and flow under S. School Avenue at 8:23 a.m. Tuesday, Sept. 2, 2014

Monday, September 1, 2014

The horror of leaf-blowing

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Modern Pestilence: Leaf Blowers Generate Infuriating Noise, Toxic Gases and Hazardous Dust

Blasting out air at hurricane-force speeds, leaf blowers disburse allergens, toxins, pollutants and pathogens into the air we breathe.​
 
The calm and quiet of suburban existence has always been interrupted by loud, dirty machines in the form of chainsaws, hedge trimmers, lawn mowers, and string trimmers. But none of the tools of modern landscaping inspires as much animus and contempt as the leaf blower, the four-season tool used by do-it-yourself groundskeepers and professional landscapers alike.
The mind-numbing roar of a typical gasoline-powered, two-stroke leaf blower, at 90 to 102 decibels (dB), is only a small part of the overall damage these machines do to a community. Blasting out air at hurricane-force speeds, leaf blowers disburse allergens, toxins, pollutants and pathogens into the air.​
The two-stroke engine is used in leaf blowers because it’s lightweight, inexpensive and relatively powerful. But this engine is an environmental nightmare. Because it doesn’t have a separate lubrication system, like an automobile, the gasoline is combined with oil and the entire mixture is burned.​
This makes the typical leaf blower engine notably inefficient; some 30% of the fuel and oil mixture does not thoroughly combust, which causes the engine to discharge an abundance of air toxins, such as carbon monoxide, nitrous oxides and hydrocarbons. Nitrous oxides make up more than 7% of the gases that cause global warming and factor in the creation of acid rain. Hydrocarbons are volatile organic compounds that are often carcinogenic and contribute to smog formation. Carbon monoxide is toxic to humans and animals in high concentrations and is part of the chemical mix that forms photochemical smog.​
Environmental scientists maintain that the emissions from a single leaf blower over a year’s time are the equivalent of running 80 automobiles 12,500 miles. Still, the two-stroke engine’s emissions may actually be less hazardous than the dust and other particulate matter a leaf blower stirs up.​
Leaf blowers don’t just blow away leaves and lawn clippings, their 180- to 200-mph air output blasts away topsoil, microbial life forms, animal waste, allergic fungi, spores, herbicides, pesticides, and even heavy metals such as arsenic, mercury and lead. This toxic cocktail of engine emissions and dust particulates can exacerbate allergies and asthma in children and adults, and aggravate acute pulmonary disorders such as chronic bronchitis, COPD, emphysema, and pulmonary fibrosis in adults and the elderly. Leaf blower pollutants are so bad the American Lung Association recommends that all individuals avoid them.​
And then there’s the noise pollution. A moderate decibel level, like playing music or having a conversation, is about 60 dB; the noise from a car passing 50 feet away is about 70 dB. But leaf blowers can generate four to eight times the noise of a passing car. According to the Environmental Protection Agency, that’s enough noise pollution to degrade the quality of life by interfering with communication, thinking and sleep. The EPA says such noise can reduce the accuracy of work and increase an individual’s level of aggravation, even hours after exposure.​
The high levels of exhaust, particulate and noise pollution have prompted dozens of municipalities across the U.S. to pass ordinances either restricting the use of leaf blowers or banning them altogether. Most restrictions are seasonal (mostly in the late spring and summer months), while other bans restrict the time of day or days of the week blowers can be used. Some cities, like Los Angeles and Aspen, ban the use of gas-powered leaf blowers altogether. Fines vary from as low as $50 to as high as $5,000, depending on the community.​
There's one more big flaw in terms of leaf blower function: Especially when used in the summer months to move grass clippings, leaf blowers don't really clean the area, they just move the mess offsite and onto the sidewalk, street, adjacent properties, and into storm drains and the air. So, it's a zero-sum game, giving the home or business owner a pristine driveway or lawn, while the dirt and debris has just been moved elsewhere in the neighborhood. That's not cleaning—it’s one residence making its mess the community’s problem.
Getting a Ban in Place
Still, getting a leaf-blower ban in place is not always easy. Case in point: the Village of Nyack, NY has been mulling over an ordinance for several years, spanning two mayoral administrations. In 2011, the village’s board sent the matter to an environmental committee comprised of some of the village’s residents, which has yet to return a final recommendation to the board.​
There has been some push-back against an ordinance from some businesses in Nyack, particularly the area’s landscapers, who claim that illicit companies using leaf blowers will steal their business if they are not permitted to use blowers. The landscapers also claim they would be unfairly punished for using their equipment, while loud tools such as jackhammers would not be banned or regulated. Some elderly and disabled residents, who have purchased electric leaf blowers to help them clear snow from their walkways during the winter, also worry what an all-out leaf-blower ban might mean to them.​
“Nyack has to worry about unintended consequences when considering an ordinance,” says Mayor Jennifer Laird White, noting that while the pace of imposing a leaf-blower ordinance might seem slow, the village wants to be thorough and thoughtful in its decision-making process.
But some residents of Nyack say a ban on leaf blowers can't come soon enough. Village resident Matthew Picardi likens the use of blowers on neighboring properties to torture. Picardi says landscapers use leaf blowers as early as 7am and as late as past sunset.​
“I have been blown in the face at close range multiple times while walking and biking, leading to coughing and difficulty breathing, and on one occasion nearly knocking me off of my bike,” he says.​
Picardi notes that landscapers are rarely mindful in their use of leaf blowers and have mixed their use with the application of liquid compounds used in gardening and lawn care.​
“Leaf blowers [are] being used alongside landscapers using chemical sprayers on lawns, potentially making herbicides and pesticides airborne,” he says.​
Mayor White says she is not a fan of leaf blowers, and thinks there's reason to believe they're potentially toxic, but says she's seen no definitive testing as to the hazards.​
“Unfortunately, this is not like climate change, where there's a wealth of proof to make your case,” she says. “I think, as a village, we've got to approach this from a quality of life aspect.”​
The Village of Nyack uses only electric leaf blowers, according to White, and “the department of public works is strongly discouraged from using them,” she says.​
Other residents of Nyack wonder whether it would be expensive to clean the village’s tree-lined riverfront park with rakes rather than leaf blowers, possibly raising their taxes. But that probably wouldn't be the case. In a report to the California Air Resources Board, the Los Angeles Department of Power and Water once pit a grandmother with a rake and a broom against a professional landscaper with electric and gas leaf blowers. In three test cycles, the grandmother cleaned the area faster than any of the battery-powered blowers and 80% as fast as the gas-powered leaf blowers. She also did a better job cleaning up the areas, says the report. When a landscaping company did its own tests, it found that it too could do the job faster using rakes.​
Health and Welfare Issue
Across the Hudson River from Nyack in Eastchester, NY, advocates for a leaf-blower ban got the medical establishment on their side. Every doctor affiliated with Mt. Sinai Children's Hospital's Environmental Health Center signed on to the proposed restrictions, stating:
"Leaf blowers pose multiple hazards to human health. Children are the most susceptible members of our population to these hazards because they breathe more air per pound of body weight per day than adults and thus inhale more of any pollutants that are thrown into the air by this equipment. Children's vulnerability to the health effects of this equipment is further magnified by the fact that they are passing through the stages of early development, and thus their lungs, ears, eyes, and other organ systems are inherently more sensitive to environmental hazards than the organs of adults."​
In other towns that have considered ordinances or bans, opponents have argued that banning the blowers would make landscaping difficult and excessively expensive. Failure to maintain lawns and gardens with leaf blowers, landscapers claim, could result in untidy homes and perhaps even falling property values. However, it hasn’t hurt Carmel and Beverly Hills, the first two California cities to ban the blowers back in the 1970s.​
A ban on leaf blowers certainly hasn’t hurt quality of life in Rye, NY, an affluent bedroom community on the New York/Connecticut border, and perhaps not its landscapers either. When the city was considering a trial summer ban on leaf blowers in 2008, landscapers swarmed city council meetings, saying it would hurt their businesses. But Greenwich Time, the newspaper of neighboring Greenwich, CT, reported that a year later, only one landscaper showed up to a council review of the seasonal ban. Rye now bans all gas-powered leaf blowers.​
Despite the leaf blower bans that are in place, some landscapers still use them. Some wait until the late afternoon, when code enforcers are not on duty. Others consider the fines they get to be just the cost of doing business, while others simply don't pay the fines. A video by actor and environmental activist Ed Begley Jr., released a few years back, showed that landscapers still use leaf blowers in Los Angeles despite a ban.
Nyack's Mayor White also worries that a regulation in her village might not solve the problem. "I don't know how we can enforce it," she says, noting that violators might be finished by the time authorities show up for a non-emergency complaint.
Writing this article was difficult, as the writer suffers from ragweed allergies, which were aggravated by three...now four...leaf blowers used nearby. And then there's the noise....
Cliff Weathers is a senior editor at AlterNet, covering environmental and consumer issues. He is a former deputy editor at Consumer Reports. His work has also appeared in Salon, Car and Driver, Playboy, and Detroit Monthly among other publications. Follow him on Twitter @cliffweathers and on Facebook.