MENA POLICE REPORTS

January 15

A theft report was taken from a walk-in complainant.

January 16

A theft report was taken from Walmart.

A theft of motor fuel report was taken from Murphy USA.

Megan Hubbard, 35, and Curtis Hudson, 53, were both charged with Theft of Property at Walmart.

January 17 with warrants at a residence on Evans Circle.

A report of criminal trespass was taken from Walmart.

January 19

Brandon Falls, 37, was charged with Possession of Marijuana after a traffic stop on Highway 71.

January 20

A report of theft was taken from Walmart.

January 21

A report of a dog bite, and dog running at large was taken on 4th street.

Cyrus Stephenson, 22, was charged with Drinking in Public at Wendy’s.

Scott County sheriff’s trial postponed

The jury trial for the Scott County sheriff and a former Waldron police officer regarding their use of force during an arrest in February of 2022 has been postponed.

Sheriff Randy Shores, 61, and Omar Gonzalez, 39, both of Waldron, were scheduled for a jury trial on Tuesday, Jan. 24 at 9:30 a.m. in Scott County Circuit Court in Waldron, according to court records.

Water

continued from page 1 but we don’t have a hard number yet.”

The previous week’s article mentioned an estimate of a total cost at $31.6 million. The water treatment project would constitute an estimated $15-$16 million of that total.

Peters said, “No one wants to pay higher rates. I get it. The reality is, when it comes to those grants, Mena is not in a position until they know what those costs are going to be with hard bid numbers before they can take into consideration those grant funds and what potential impact in can have in lowering the rates… . Mena has applied for grants at the local, state and federal level—to USDA Rural Development, to the Arkansas Division of Agriculture Natural Resources Division and across the board.

“The rate increase is based on the estimate,” Peters said. “There is existing cost that goes into any rate study. Then there’s this proposed new debt that Mena has been awarded from the state government and the federal government. The rates are based on that new debt that’s being incurred. Let’s not forget another component to this… the issue of Arkansas ‘Act 605’, which is new legislation that was approved.”

‘Act 605’, which was approved in 2021, tasked retail water providers with additional responsibilities in managing and operating their water systems. The intent is to provide funds for any municipal water provider to set aside funds for the replacement of pumps, motors, any manmade equipment that has some defined life and to operate that system.

The impact of ‘Act 605’ on Mena, and quite frankly, all water customers, is significant. A large portion is to pay the debt for the water plant, but there’s a significant portion being to pay for ‘Act 605’. The reason Mena is having to pass along ‘Act 605’ immediately is because they have a major capital improvement project that is necessary today. It cannot be staged in.”

Wholesale customers

The rural water groups believe that they are being treated unfairly and discriminated against. Peters and Freedom Water Board President John Davenport debated on what was fair. Davenport brought up the 65% increase for Freedom’s users. Davenport said, “We are not 750 users to the City of Mena. We are one user. We need to be looked at as one user. Acorn needs to be looked at as one user, as well as LeFlore.”

Peters provided an example: “Mena’s rate increase for a 4,000-gallon customer, Mena’s rate increase to a wholesale customer is around $8.20. It’s significantly more in just the base rate increase for a Mena water customer.”

January 18

Abram Abernathy, 26, was served

A motion for continuance filed by Shores’ attorney on Jan. 13 requested the trial be postponed for 60 days, stating he is still collecting and reviewing evidence in the case.

Peters replied to Davenport’s comments about the rates being skewed for the wholesale customers, such as Freedom. “It’s skewed because the contract between Mena and the wholesale folks will not allow the implementation of a base rate and a usage rate, whereas the Mena retail customers allow for that. What went into the rate study for everyone is there are fixed

Water

continued from page 17 expenses that any entity has and then there are variable expenses. That’s true on the water and wastewater side.

“When we did the rate study, that contract was in place, we just abided by the contracts that were in place between Mena Water Utilities. It wasn’t a situation where we prejudicially said, ‘We want to take out the base rate’ conversation. We went by the contracts between the Mena Water Utilities and the wholesale folks.”

Former Justice of the Peace, District 6, Terry Terrell, addressed the crowd, “It’s not right we have to pay a $1.50 more per thousand just because you live in a certain part of the county. If we have to change the contract, let’s do it.”

Butler said, “I think that’s been our whole emphasis all along., is a fair and equitable treatment under the rate study. We understand costs. We live with those every day. A rate study that singles out a particular group with no particular reason is just hard to take.”

Terrell also spoke with the Polk County Pulse afterwards, stating, “It’s just not equal when the citizens of Nunley and Board Camp are paying a third less than the people of the water associations—the same water. The man with [Hawkins-Weir] said it had to be that way. We can change laws. We can change legislation. That’s not fair.

“When you grew up, you were taught right from wrong. This isn’t right. I wanted people to know they’re paying a third more than their fel- low citizens serviced by Mena water. It’s a rural water line, but it’s serviced by Mena Utilities. For normal homeowners, that’s going to make a difference of $30—or $20—per month difference than other areas.”

Action required

Prosecuting Attorney for the 18th West Judicial District Debra Woods Buschman is also a member of the Mena Water Commission. She asked Peters, “If the Council chooses not approve an increase in any of the water rates, what happens to the project, and ultimately, what happens to the availability of the water for all of the customers: rural, wholesale, and city, across the board?”

In part, Peters said, “… the funding agency, a good portion of those monies are loan funds, those funding agencies have got to have confidence that Mena can pay back those debts. Without approval of the rate increases necessary to make those improvements, they’re not going to allow this project to go forward and advertise for bids. Minimally, it’ll postpone the project. If the rates are never improved… I think the project will die and not be implemented. At that point in time, the Arkansas Department of Health will probably take action since there has been a significant deficiency identified at the water treatment plant in regard to the clear well.

Peters agreed with Buschman’s statement that it could mean no water for anyone.

Peters also explained Mena has tried on multiple occasions to fix the clear well with less expensive alternatives, all of which have failed.

The clear well and 40-year-old equipment need to be replaced. Yet, MWU plans to retain every piece of viable infrastructure possible and repairing or replacing what isn’t viable.

Buschman clarified that the water commission cannot tweak HW’s rate study and come up with their own numbers.

It was suggested the City obtain a second opinion.

A member of Arkansas State Parks questioned whether MWU has a system in place that can detect water loss.

Looney said, “I have a plan in place that we’re trying to execute. We just hired some folks on… the six months prior to December, our water loss has consistently come down to where in the first time in 20-25 years, our water loss was below 20%.”

Looney said that MWU has Stata, a statistical software that enables them to analyze, manage and produce graphic visualization of data, on some of their tanks. A Stata upgrade is part of MWU’s plans.

The public hearing was closed a few minutes later, with many disgruntled commercial and residential water users staying to hear the results of how the Mena City Council would vote on Item E to “Consider and Ordinance Fixing Rates for Services Rendered by the Water Facilities of the City of Mena Arkansas; amending Ordinance No. 2336-21; declaring an emergency; and prescribing other matters relating thereto.”

Council member Larry Stewart said he also found some problems with the HW rate study. “Some things I think need to be reallocated and I think we need to understand it a little bit better. I know we have a base rate in the city and I know we don’t charge the wholesalers a base rate. I don’t know if we can or not by law. I think we need to go back and look at the rates. I think all the rates are going to go up, I have no doubt about that. I don’t like it any better than anybody else… . I do think we need to re-look, if we pass this ordinance tonight. I think we need to do some additional study and look at both rates— the $3,70, the base; and the $5.20—and make sure we have everything allocated extremely fair. Everybody should pay for the clear well, the capital investment of that. Everybody who uses (MWU) water uses that, but there are certain other things that only the City uses them, and we’re the only ones… who should be responsible for some fixed items and variable expenses.

“You can’t have a water department with James Looney and all his employees, and the wholesalers need to pick up some of that cost, but it doesn’t need to be a major portion of that cost by any stretch. I don’t think it needs to be split the 43/57, which is the usage of water. I won’t to have fair rates for anybody. I don’t think anybody is going to be happy when we’re done. The sewer is going to be worse than the water.”

Council member James Earl Turner asked HW and MWU, “If we go ahead and pass this, we can get things moving, right?” Their response was a positive. “We can still adjust it later—keep looking at things? If we don’t do what we need to get this thing bid, our costs is going to go up every day.”

Stewart added, “I want to see it bid immedi- ately, if we can, but before we finalize and people get bills in July that we re-look at that rate structure.”

Ordinance No. 2369-23 for the rate increase passed 4-1, with Stewart voting nay.

Item F was a similar Ordinance, No. 230119, for the Sewer Facilities. New Ordinance No. 2370-23 was passed.

Item I was the approval to open a new checking account at Chambers Bank for the Iron Fork Water Treatment Plant Construction account.

“I think the big thing I would like to get out of this,” Looney said, “is that it was not a vote to add to our customers water and sewer bills but a vote to be able to continue to provide safe drinking water to our customer base and for us to continue to be able to treat sewage water to meet EPA standards without having to pay any fines. The vote allows us to proceed with bids and I continue to look at options on the billing side.”

Fallout

The LeFlore County Rural Water District No. 17 Facebook page posted the following on Jan. 17.

“During the Mena City Council meeting on Tuesday, January 10th, the council voted to approve an increase to water purchased by our district effective July 1, 2023. The cost increase, as recommended by a rate study, is a significant amount, approximately 65% higher than what we pay today.

While the news is disheartening, there is water available to purchase from other sources. The Board is working already with several other districts and agencies to ensure we have water for our members and that we have as little financial impact as possible.

We ask that you plan to attend our General Membership Meeting, scheduled for Saturday, January 28th at 2PM. We hope to discuss options. Bottled water is available by calling the water district and making an appt. for pick-up and a delivery can be set up if necessary (918) 839 1473… .

“While we continue to experience low water flow and low pressure from our providers, please continue to CONSERVE and BOIL. We are working with multiple sources for help to locate and repair the loss of water and pressure. At this time, it appears it may be isolated to the state line master meter.

As a reminder, we have bottled water and non-potable water for pick up at the Christs Food Center. If you are unable to pick up water, please call or text the District phone at 918-8391473 for delivery.

Encourage your neighbors to sign up for text and/or email alerts from the website. We will be posting updates and information about the Annual Meeting which will be held on Saturday, Jan. 28 at 2:00 p.m.

CORRECTION: In part one (Pulse Jan. 18, 2023) it was stated that Acorn Rural Water Association was not present. They did have members at the meeting, but did not respond when Mayor Seth Smith asked if there was a designated speaker for Acorn.