Mena City Council - June 2023

The regular Mena City Council Meeting for the month of June convened at City Hall on Tuesday, June 13, following the public hearing regarding the Mena Water utilities. The May 9, 2023, minutes of the regular council meeting were approved, as were the officials reports for the May 2023 disbursements and May 2023 bank reconciliations for all accounts, and the April 2023 financial statements from the Water and Sewer Department.

Department Head Reports

Mena Airport Manager Fred Ogden reported steady fuel sales, including 2,350 gallons for Weyhauser crop dusters in May. The six U.S. Army Chinook helicopters that stopped for fuel earlier in June, purchasing nearly 2,800 gallons of fuel.

He also stated that they have received a couple of state grants and will be beginning projects, including roof repairs on two hangars the City of Mena owns, and drainage culvert repairs.

They have an FAA project that is expected to start late summer/early fall.

Building Official Brian Ross reported they issued permits for nine building, nine electrical, eight plumbing and one HVAC. They issued three city licenses to contractors, two culvert installs and 14 street cuts, adding that “Summit [Utilities] was very busy repairing gas lines.”

Mena Fire Chief Steve Egger reported 13 incidents in May: two aircraft stand-bys, two auto extrications, one structure fire, one vehicle fire, three medical assists, three service calls and one unauthorized control burn. The staff attended seven public relations events, conducted three inspections, two members attended an opioid summit. The department hosted a CPR class. The trucks were serviced. Training for the month consisted of airlifting bags and incident scene operations.

Assistant Mena Police Chief Tod Cannon and Egger attended a meeting with Our Blood Institute for their annual Boots & Badges Blood Drive, which is scheduled for Thursday and Friday, June 22-23.

He introduced the new Mena Assistant Fire Chief, Duane Harvey. He thanked firefighter Emory Zakin for filling in the past few months between the retirement of Mena Assistant Fire Chief Charles Hankins and Harvey’s availability following prior work commitments.

The department also are looking at a used ladder truck they are considering submitting a bid for purchase.

Mena Regional Health Systems CEO Robert Rupp was unable to attend the meeting. Mayor Smith read the hospital report 102 admissions in May, ER had 184 encounters with 50 admissions, surgical services performed 109 cases, 13 new-born deliveries, 3,074 outpatient procedures performed, and the clinic system saw 3,203 patients across the four clinics.

Mena Parks & Recreations Director Phillip Lance reported on the baseball end-of-the-year tournaments on June 3.

The Mena City Pool is officially open. They had lifeguard training for eight new lifeguards, plus they had several guards returning this season. The lifeguards have already had to save two or three swimmers.

Mayor Smith added, “He had a record enrollment on tee ball.”

Lance said, “All-around, it was the most I’ve had since I’ve been here.” As a result, they are working on a plan for possibly two more tee-ball fields.

Mena Parks Superintendent Wes Kemp reported on the Lum & Abner Music & Arts Festival. With the exception of the inclement weather that hit early Saturday afternoon, the event went well without any major problems. The new water and electric hook-ups worked well.

The “Boy and Girl Fountain” has been removed and transported to Sparks Welding Service for repairs. It was vandalized prior to the festival.

Mena Assistant Police Chief Tod Cannon reported they had 355 calls for service in May. There were 95 misdemeanor arrests, five of them being drug

City Council

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Water

continued from page 1 cur. In the old act they had to be done within a 1-2-year period. I stretched it out to a 5-year-period to give some relief to the customers, but to still keep our water utility system solvent.”

McKee. They had a leak in the water and he gave them half a million dollars to get this thing fixed.” He mentioned having problems with his water quality and issues with his property owner damaging the water line, which ended up costing him at least twice as much as his regular bill.

“The last thing I heard was the state gave them $7 million to build a new water tank or something. All I know is I got my water bill and water is more expensive than gold. Something’s got to stop. It’s just too high.

“I know a man with a wife and a couple of kids. They’ve got to have two or three jobs just to make it in this world today.”

Looney then addressed the council and public. “Everything really stays the same as far as ‘Act 605’ and the requirement for going up on the water rates.

During the January meeting, Brett Peters, president and CEO of Hawkins-Weir (HW), explained, “‘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 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.”

Looney said on Tuesday night, “From the meeting we had in March. A few things have changed. We did have [Arkansas Rural Water Association] do the rate study. Rep. John Maddox did some work on ‘Act 605’ getting some changes done to that.”

Maddox was not at the hearing, but he spoke with the Pulse about his part with ‘Act 605.’ “The most significant change I did through resolution was getting relief of how much the water increase will oc-

“The changes allow us to step the increase in instead of doing it all at once,” Looney said. “We’ve adjusted the initial base rates for Mena’s customers to about half of what they are going to be July 1. The other half will be applied to the full amount starting Jan. 1, 2025. That will be the second step.

“There’s still up to a 6% increase per year based on inflation. We have to justify that increase on inflation.

“Wholesale customers are now going to be charged a meter charge, which is going to be their base rate. They are also going to pay their half of the base rate July 1 and then they’ll pay the full meter charge on Jan. 1, 2025.”

Rates

“The price per thousand is going to be the same for all customers for wholesale and retail,” Looney said. “This is what come down from the recommendation from Rural Water. This was based more on trends in Arkansas right now.”

He explained the rates beginning July 1, 2023, at $3.70 per 1,000 gallons and then the increase to $4 per 1,000 gallons on Jan. 1, 2025 (see chart).

“We’ve kicked that out to Jan 1., 2025. It’s 18 months instead of a year because we think that’s going to put us to the end of the project and we’re hoping because of the ARPA money, we’ll be able to not spend all of the loan money we’ve been authorized.”

The ARPA grant has been approved, so that money is earmarked for the project.

Towards the end of the project, we ought to know how much money we’ll be able to spend. If we can come back and lower those rates a little bit, that’s what we want to do.”

The ‘American Rescue Plan Act’ (ARPA) grants for Mena, totaling $5 million for the Iron Forks Water Treatment Plant and the other for $5 million for the Mena Wastewater Treatment Plant improvements (see Pulse, Dec. 14, 2022) are projected to cost a total of $31.6 million. The ARPA grants were the maximum that could be received.

Looney was asked what the realistic possibilities are he believes the rates could be dropped back if it was to happen.

Looney replied, “It all depends on how the bids come in. Once the bids come in, we’ll know more about that. Based on the history of what the bids have come in, we’re thinking we can maybe drop them 10 cents a gallon — instead of $4, down to $3.90 — but based on the loan money we have approved, the $4 covers it if we have to use all of the loan money.”

Looney said that the rates are going to affect everybody, whether they are on a fixed income or not. “It’s basically a complete remodel of our water plant.”

The plant Looney is referring to is the Iron Forks Water Mena Treatment Plant. “There’s $5 million of the ARPA money, we got, and a $7 million loan and another $6 million loan. It’s $13 million in loans for that project out there.”

The remainder of the ARPA money and loans are for the Mena Wastewater Treatment Plant improvements.

Other comments unrelated to the water rate increase were broached, which the mayor put a halt to, stating, “Right now, we’re just discussing water rates.”

There were no further comments. Smith closed the public hearing.

While following up with Looney after the meeting, he said, “In addition to the loans and ARPA grant, we are also receiving a $1,552,500 grant that has been approved from the beginning.”

Proposed Water Rates developed from combined

Jerry Kopke / Hawkins-Weir rate study

Step No. 1 - to take effect July 1, 2023

All customer classes will pay $3.70 per 1,000 gallons of water usage plus the base rates.

Step No. 2 - to take effect January 1, 2025

All customer classes will pay $4.00 per 1,000 gallons of water usage plus the base rates.

CRIDER continued from page 2 the U.S. Navy, a gifted trial attorney, and a staunch advocate for the truth. His skill and expertise were essential in securing this guilty verdict. But above all, I credit God for His love of justice and for enabling me to do the hard work I love — fighting for those who cannot protect themselves.”

Buschman finished by stating, “I am grateful every day He lets me do this job. To God be all the Glory.”

Pending trial

The following information is regarding a different trial that is still pending:

A warrant was issued for Crider’s arrest in this case on Jan. 19, 2023. The warrant was served Feb. 13.

The criminal information page on AOC Court Connect reports the filing date for the current charges against Crider was Thursday, Feb. 16, 2023. Both Count I: rape and Count II: sexual assault in the second degree, were said to have occurred on or between Jan. 1, 2018, and July 24, 2020.

A motion by Brent Miller, Crider’s attorney of record, to bar prosecution on Res Judicata was made to prohibit and bar the Court from the re-litigation of the issue of whether Crider engaged in sexual contact with S.C. based upon the due process clause and res judicata.

According, in part, to the motion:

1. Defendant is charged with Rape.

2. The allegation involves incidents from 2 ½ years ago.

3. The allegation by alleged victim, S.C. was made known to authorities on July 23rd, 2020.

4. The investigation ceased and the file was sent for review to the prosecutor’s office on October 15th, 2020. No charges were filed at that time.

5. On or about May 3rd, 2021, a hearing was held at the Office of Appeals and Hearings, Judge Sheila McDaniel presiding. Investigator Alissa Gordon was present, as was the Defendant. Inv. Gorden introduced the State’s investigative file as well as the DVD of the C.A.C. interview of S.C. into the record. The Defendant testified on his behalf. The Hearing resulted in a finding that there was insufficient evidence to prove by a preponderance of the evidence that this same allegation was true. The allegation was unsubstantiated. No appeal was made by DHS. The CHRIS # is 204256 and the appeal by Mr. Crider that overturned the DHS true finding is Case #20006400.

6. In January of 2023, an affidavit for arrest warrant based upon the same allegation of S.C against the Defendant was filed in Polk County Circuit Court. Defendant was then arrested based upon the same information known by the Polk County Sheriff’s Office, as well as the 18th-West Judicial District Prosecutor’s Office, 2 ½ years prior.

Citing facts based on the hearing from 2021, the State’s response explained in paragraph nine that the criminal case against the defendant, Crider, was not a re-litigation.

Crider was arraigned March 15. A pre-trial hearing was ordered for Apr. 12.

City Council

continued from page 6 arrests; 20 felony arrests, with three being drug related; 196 warrants and worked 21 accidents.

Mena Street Superintendent Aaron Rice reported that they are keeping up with mowing thanks to having two mowers, drainage pipes were replaced on both Tyler Street and on Vivian Street.

Mena Water Superintendent James Looney reported that water loss for May was 34%, and the 12-month water loss is 30%. Inflow and infiltration (I&I) was 338% with all of the rain. Wastewater did have two violations, both related to Ph levels running too low.

They are 35% complete with their meter audits, looking for lead and copper. Maintenance department installed four new water services, two new sewer services, one sewer remap project, replaced one fire hydrant, fixed five manholes and made 14 other various water leak repairs. They smoke tested 3,276 foot of mains that led to the discovery of

13 areas needing correction or attention — 12 on the customer side and one on the utility side. The water department fixed their area and most of the customers have already fixed theirs.

Looney said, “We have been notified that the engineering plans for the Iron Fork project are in front of the state office. Rural Development is awaiting the final approval before we can go to bid.”

James Earl Turner reported for the A&P Commission, discussing the wrapup of Lum & Abner Festival. He stated that lots of people came through Saturday morning but weren’t spending much money. Then, “when the rain hit, they scattered. It affected our music Saturday evening. One of our acts, due to the rain and electrical equipment, got shutdown, which was disappointing because we’d already paid for it. That’s part of the hazards of having a festival. Overall, it was good. He announced they are still working on the Total Solar Eclipse for April 8, 2024. There was no old business.

New Business

New business followed with all of the resolutions and ordinances passing unanimously. No discussions were brought up regarding any of the items. Council member Dwight Douglas was not present at the June 13 meeting.

Section VIII

Item A: Resolution 1476 to create the June 30, 2023, Martin Avenue temporary entertainment district; and for other purposes.

Item B: Resolution1477 authorizing the mayor and city clerk/treasurer to enter into an amendment (Amendment No. 2 Revised) to the agreement with Hawkins-Weir Engineers, Inc. for the Irons Fork Water Treatment Plant Improvements.

Item C: Ordinance 2381-23 authorizing borrowing funds for the payment of construction improvements at the Mena Airport by the issuance of a promissory note; declaring an emergency; and for other matters relating thereto.

Item D: Ordinance 2382-23 fixing rates for services rendered by the Water Facilities of the city of Mena, Arkansas; amending Ordinance No. 2369-23; de- claring an emergency to exist; and prescribing other matters relating thereto.

Item E: Ordinance 2383-23 permitting a member of the Mena City Council to conduct business with the City of Mena, Arkansas, under certain circumstances as authorized by Arkansas Code Annotated § 14-42-107; declaring an emergency; and for other purposes.

Item F: Ordinance 2384-23 regulating the sale of beer, light wines, and intoxicating liquors; adopting state statutes by reference; declaring an emergency; and for other purposes.

Item G: Ordinance 2385-23 accepting North Hanssen as a dedicated lotsplit/minor subdivision in the Martin Heights Addition to the City of Mena, Polk County, Arkansas, located at 80-92 Janssen Avenue for Sophoun So and Sopha Chao.

Item H: Mayor Smith discussed the review of the City of Mena 2021 Legislative Audit Report.

Item I: Move the date of the July City Council meeting from July 11 to July 18. The meeting was then adjourned.

By Richie Lawry

A light rain fell as Sergio drove the bus from Munich to Schloss Linderhof. I watched out the window as the Alps came into view. I had heard about the Alps all my life but seeing them was a magical moment. The palace is nestled in a valley at the foothills of the Bavarian Alps. The views as we drove there were magnificent.

Schloss Linderhof was the favorite home of King Ludwig II of Bavaria. He built the palace on the site of his father’s old cottage and finished it in 1878. King Ludwig was intimately involved in the design and building of Linderhof, sometimes to the extreme irritation of his architects and artisans. He lived at Linderhof for over seven years. Ludwig was a recluse, often refusing to see to matters of state. He dined alone. Ludwig installed a “magic table” that could be lowered and raised to and from the kitchen. His servants cooked and served meals without ever coming face to face with the king.

King Ludwig was inspired to build Schloss Linderhof by his hero, the French Sun-King, Louis XIV. Traces of the SunKing’s Versailles palace are all over Linderhof’s grounds. After touring Schloss Linderhof and the fabulous grounds, including a large reflecting pool and fountains, incredible gardens, and even an artificial cave and lake, we returned to the bus and headed to Garmisch-Partenkirchen.

As we drove through the winding mountain roads, our tour guide, Bernd, filled us in on the story of King Ludwig II. He ascended the throne upon his father’s death in 1864. Ludwig was only 19 years old, and his first year as the king did not go well. The shy young king soon left Munich and went into his beloved mountains in the Bavarian Alps. In 1868 Ludwig began a building campaign. Much of Ludwig’s fame is associated with his castles: Neuschwanstein, Linderhof, and Herrenchiemsee.

King Ludwig died mysteriously at age 40 when his body was found floating in Lake Starnberg. He spent most of his reign absorbed in a fantasy world at the expense