ROGERS
Complete FOIA Response
Rogers Water Utility
Complete FOIA Response
Bentonville
Initial FOIA Response
Bentonville
Additional ROIA Responses
Scissortail Developer Bob David shares Rogers Planning Director John McCurdy and Mayor Greg Hines' lack of support for annexing his property to Rogers Water Utility Chariman/Scissortail Resident/Bentonville Staff Engineer Peter Farmer.
David entertains alternative large-lot development patterns on unincorporated county land and asks for guidance on what utility services are available in that scenario.
CEI Engineer Nate Bachelor asks Rogers Water Utility Engineer Brian Sartain to clarify the policies for water and sewer service outside the Rogers City Limits.
Sartain responds:
Water service can extend with special approval.
Sewer service cannot.
Bachelor forwards this information to his clients, Scissortail Developers Bob David and Julie Vaught.
Scissortail Developer Bob David meets with Rogers Water Utility Engineer Brian Sartain about capacity of Scissortail Lift Station.
Scissortail Developer Bob David recaps Friday, March 1 with Rogers Water Utility about costs to connect new development on 80 acres north of Scissortail to existing lift station. Included on the email are Scissortail Developer Julie Vaught and several CEI Engineers.
RWU Chairman/Bentonville Staff Engineer/Scissortail Resident Peter Farmer also received the email.
Rogers Planning Director John McCurdy tells Bentonville Planning Director Tyler Overstreet and Bentonville Staff Attorney Bonnie Bridges that Rogers would like to give their lands west of Arkansas Highway 112 to the City of Bentonville, indicating Rogers Water Utility is willing to continue providing water and sewer services to the area.
Bridges confers with fellow Bentonville Staff Attorney Camille Thompson about consulting internal interests first, speculating about whether Bentonville will want the offer.
Thompson shares the offer with Bentonville Staff Engineer/Rogers Water Utility Chairman/Scissortail Resident Peter Farmer, relating his skepticism from the utility perspective.
The various staff members negotiate a meeting time.
Rogers Planning Director John McCurdy tells Scissortail Developer Bob David that Rogers is not accepting annexation requests west of Arkansas Hwy 112.
Bentonville Staff Attorney Bonnie Bridges, Bentonville Planning Director Tyler Overstreet, and Rogers Planning Director John McCurdy settle on a preliminary meeting time.
Bentonville Staff Attorney Bonnie Bridges, Bentonville Planning Director Tyler Overstreet, and Rogers Planning Director John McCurdy meet to discuss land swap proposal.
Attachments:
RWU Comment on Evening Star Development Plan calling for Future Capacity to the North
Scissortail Developer Bob David asks Rogers Water Utility Superintendent Brent Dobler for a hearing at the Commission's May 15 meeting to request water and sewer service extended to his development outside, but adjacent to, Rogers city limits. He requests consideration for past land donations that were instrumental to expanding water and sewer capacity in the area, as well as agreements with prior owners of the property.
Rogers Planning Director John McCurdy to Bentonville Staff Attorney Bonnie Bridges and Rogers Staff Attorney John Pesek expressing intent to expand negotiation of land transfer to include utilities staff.
Recipients includes Rogers Water Director Brent Dobler and Bentonville Planning Director Tyler Overstreet.
Rogers Staff Attorney John Pesek sets up a meeting with Rogers Water Utility Superintendent Brent Dobler and RWU Attorney Robert Frazier to discuss the proposed move of Scissortail to Bentonville.
Discussion between Rogers Staff Attorney John Pesek and Rogers Water Utility Attorney Robert Frazier re: transfer of water assets with detachment and annexation.
Scissortail Developer Bob David asks Rogers Water Utility Superintendent Brent Dobler to discuss adjustments to existing utility access agreements, wherein easements were granted on the expectation of water and sewer utility access.
Separate later agreements were conditioned on annexation. With the City of Rogers no longer supporting annexation, Bob David tentatively proposed amending the agreements to remove annexation requirements and replace them with simple City Council approval in order to satisfy obligations under the prior access and easement agreements.
A single property owner wants to change cities, and the idea grows over time.
Private Attorney Bill Watkins asks Rogers Planning Director John McCurdy to support amicable de/annexation of Misenheimer Trust property from Cave Springs into Rogers
McCurdy replies that Rogers has already identified the parcel as part of a section of Cave Springs they would consider "beneficial". Includes Rogers Staff Attorney John Pesek and Mayor Greg Hines in response.
Misenheimer Attorney Bill Watkins shares that Cave Springs Mayor Randal Noblett will not oppose a transfer, but expresses uncertainty about the Cave Springs City Council's approval.
Pesek and Watkins discuss the existing utilities available on site, and whether conditions would enable the use of a A.C.A §14-40-2002 (Act 779) that doesn't require Cave Springs' consent. The property does not have municipal water or sewer.
Pesek requests to move the email back-and-forth to a phone call.
Watkins later conveys that Cave Springs Mayor Noblett would not be interested in transferring the entire island referenced above, if the owners would object.
Attachments:
Not provided
RWU Attorney Robert Frazier provides the Commissioners with a legal update regarding a lawsuit to obtain utility access for land owned by Scissor Tail Developer Bob David through his company Three Flags Investments.
RWU has filed a motion to dismiss.
RWU Attorney Robert Frazier provides the Commissioners with a legal update regarding a lawsuit to obtain utility access for land owned by Scissor Tail Developer Bob David through his company Three Flags Investments.
The motion to dismiss was denied. Motions for summary judgement are expected as the case proceeds to discovery.
Misenheimer Attorney Bill Watkins has had an interesting conversation with Cave Springs Mayor Randy Noblett and wants to tell Rogers Staff Attorney John Pesek about it.
Misenheimer Attorney Bill Watkins and Rogers Staff Attorney John Pesek coordinate a call to look at GIS maps and clarify the offer they have discussed before Watkins calls Cave Springs Mayor Noblett.
After the visit, Watkins says Noblett is "on board with the land swap" and putting together a list of people to involve. Mayor Noblett will be the contact point.
Pesek forwards the update to Rogers Planning Director John McCurdy and Rogers Mayor Greg Hines.
Private Attorney Bill Watkins (representing Misenheimer Trust) introduces Cave Springs Mayor Randal Noblett and Rogers Staff Attorney John Pesek to facilitate mutual de/annexation negotiations.
Related Coordinating Emails:
Valentines matchmaking successful! The meeting time and place are set - and adjusted. Proposed participants include:
Cave Springs Mayor Randall Noblett
Cave Springs City Attorney Justin Eichmann
Cave Springs Planning Director
Rogers Staff Attorney John Pesek
Rogers Staff Attorney Bailey Crossett
RWU Superintendent Brent Dobler
RWU Attorney Robert Frazier
Cave Springs Water & Sewer Engineer Daniel Barnes
Cave Springs Water Operator Jeff Coffelt
Rogers Deputy Director of Engineering Lance Jobe coordinates with Olsson engineering consultant Brand Hammond, forwarding service and cost proposal to Planning Director John McCurdy and Staff Attorney John Pesek.
Rogers Water Utility sorts out the complexity of utility service to the the areas will change jurisdictions.
Rogers Water Utility Attorney Robert Frazier sends Rogers Water Superintendent Brent Dobler and Rogers Staff Attorney John Pesek a revised draft Agreement for Temporary Provision of Utility Services to the land proposed to move to Cave Springs.
Attachments:
Pesek sends updated draft to Cave Springs City Attorney Justin Eichman for review.
Rogers Waterworks &
Sewer Commission Meeting (Audio Only)
The Rogers Water Works and Sewer Commission unanimously authorized RWU Superintendent Brent Dobler and RWU Chairman/Bentonville Staff Engineer/Scissortail Resident Peter Farmer to finalize and sign an agreement to continue providing water and sewer service to the areas proposed to be moved from Rogers to Cave Springs, and additional adjacent lands owned by Scissortail Developer Bob David via his Three Flags company.
Related Item:
Cave Springs City Attorney Justin Eichmann offers comments on the approved draft RWU agreement, and inquires about the referenced "parties to the litigation". Rogers Staff Attorney John Pesek relays that Scisortail North attorney Stephen Wood agrees that it would resolve the pending lawsuit regarding water and sewer access.
University of Arkansas law student Cody Lightfoot sends Rogers Staff Attorney John Pesek an outline of the process for mutual de/annexation land swap between cities.
Attachment:
Rogers Staff coordinate agenda materials for the upcoming land swap proposal:
Rogers staff Jeff Austin, John McCurdy, and John Pesek coordinate legal descriptions with Olsson engineering consultants Sikes and Hammond for Cave Springs City Attorney Justin Eichmann ahead of the cities' upcoming meetings.
Staff Attorney John Pesek requests better map from Planning Director John McCurdy.
Email exchange among Bailey Crossett, Jeff Williams, and John Pesek coordinating GIS work to support ordinance exhibit.
John Pesek and Justin Eichmann exchange updated ordinances
Staff Attorney John Pesek notifies Rogers City Clerk Jessica Rush that exhibits for the annexation ordinance will be late due to coordination with City of Cave Springs and requests delay in agenda publication. Otherwise, confirms agenda and coordination with Cave Springs.
Exhibit A - Map of Proposed Annexation AreasExhibit A - Map of Proposed Annexation Areas
Rogers Public Relations Manager Peter Masonis distributes Rogers Detachment/Annexation Communication Guide to Mayor Hines, Staff Attorney John Pesek, Planning Director John McCurdy, and other Rogers city staff.
Related:
Internal discussion, drafts, and revisions in development of Communication Guide.
Call coordinated between Rogers Mayor Hines & Cave Springs Mayor Noblett
Cave Springs City Council Meeting
Cave Springs Ordinance 2024-04
Rogers City Council Committee Meetings (Audio Only)
Rogers City Council Meeting
Rogers Ordinance 24-15
Scissortail Resident Jennifer Gerhardt contacts Bentonville Mayor Stephanie Orman asking to be annexed into Bentonville. Mayor Orman attempts to clarify some misconceptions about school, county, and municipal boundaries, eventually inviting Bentonville Staff Attorneys Camille Thompson and Bonnie Bridges to assist with the explanation.
Cave Springs City Attorney Justin Eichmann notifies Rogers Staff Attorney John Pesek of a problem with the legal descriptions they have used in their ordinances two days prior.
Related Messages:
State GIS Officer Stephanie Johnson notifies Rogers Mayor Greg Hines and Cave Springs Mayor Randy Noblett of required coordination with her office. [Email goes to Rogers Staff Attorney John Pesek and Cave Springs City Attorney Justin Eichmann.]
Staff Attorney Camille Thompson works with Staff Attorney Bonnie Bridges and Mayor Stephanie Orman to develop a draft response to Scissortail Resident inquiries.
Bridges makes some edits.
Thompson adds explanations about school districts.
Bentonville GIS Coordinator Jim Wheeless created a dataset and maps showing the full Rogers/Cave Springs land swap and a Scissortail area detail to clarify boundary alignments and help anchor various conversations
Bentonville Staff Attorney Camille Thompson responds to inquiries from Scissortail resident Jennifer Gerhardt.
Rogers Staff Attorney John Pesek and Cave Springs City Attorney Justin Eichmann have coordinated with the state GIS office to correct all their legal descriptions and exibits.
The Rogers Communication Guide is distributed to the City Council.
Rogers City Council Member Clay Kendall shares the Rogers Communication Guide with Scissortail Developer Bob David. David expresses his concern over the described timeline for Cave Springs to take over utility service to the impacted neighborhoods and asks for clarification.
Clay Kendall forwards the concerns to RWU Superintendent Brent Dobler who answers that RWU will continue service until Cave Springs is able to take over and works with Public Relations Peter Masonis on revisions to the Communication Guide accordingly.
Bentonville Mayor Stephanie Orman (via Assistant Lisa Babington) receives request from Scissortail resident Jason Zumwalt to discuss annexation into Bentonville.
RWU Superintendent Brent Dobler asks RWU Chairman/Bentonville Staff Engineer/Scissortail Resident Peter Farmer discuss the sewer plan for the proposed land swap area.
Scissortail Developers Bob David and Julie Vaught seek meeting with Mayor Stephanie Orman and Bentonville Staff Attorney Camille Thompson to encourage possible annexation into Bentonville instead of Cave Springs.
Scissortail Residents first ask to delay meeting, until Alec Ginsberg confirms April 5 meeting between Scissortail Residents and Bentonville Mayor Stephanie Orman.
Scissortail Resident/Bentonville Staff Engineer/Rogers Water Utility Chairman Peter Farmer suggests meeting between Scissortail Developers Bob David and Julie Vaught with Bentonville Staff Attorney Camille Thompson and Mayor Stephanie Orman. They negotiate a meeting for April 15.
Sissortail Residents Alec Ginsberg sends advance copy of the group's main questions for their meeting later in the day.
Bentonville Mayor Orman's assistant Lisa Babington sends the advance questions to Mayor Orman and Staff Attorney Camille Thompson. Thompson then forwards them to Bentonville Staff Engineer/RWU Chairman/Scissortail Resident Peter Farmer.
Sissortail Residents meet with Bentonville Mayor Stephanie Orman and Bentonville Staff Attorney Camille Thompson.
RWU Superintendent Brent Dobler responds to inquiries from Rogers City Council Member Mandy Brashear and Cave Springs Public Works Staff Penny Mertes about utility rates.
Scissortail Resident Katya Farmer distributes a draft email to the neighborhood introducing their Stop-The-Swap website and outlining arguments teh neighbords can make in opposition to the Rogers/Cave Springs land swap.
Attachments:
Cave Springs City Council Work Session
Rogers City Council Committee Meetings
Rogers City Council Meeting
RWU Charman Peter Farmer asks Superintendent Brent Dobler for copies of the minutes and resolutions. They schedule an April 11 meeting to discuss.
RWU Superintendent Brent Dobler sends signed copy of RWU Resolution 24-09 to RWU Attorney Robert Frazier.
Attachment:
RWU Attorney Robert Frazier forwards signed copy of RWU Resolution 24-09 Rogers Staff Attorney John Pesek.
Attachment:
Scissortail Developer Bob David meets with Bentonville Mayor Stephanie Orman and Bentonville Staff Attorney Camille Thompson.
Rogers Waterworks and Sewer Commission Meeting (Audio Only)
Related Items:
Cave Springs Special City Council Meeting
Scissortail Developer Bob David sends Bentonville Staff Attorney Camille Thompson a copy of the draft agreement for temporary utility services from Rogers Water Utility. Thompson forwards it to Bentonville Water Utilities Director Mike Bender and Mayor Orman.
Cave Springs City Council Meeting
RWU Attorney Robert Frazier researches statutes governing removal of commissioners for RWU Superintendent Brent Dobler.
Attachments:
Statute Removal of Water Commissioners
§14-235-206 Sewer committee Membership
§14-234-116 Water works and sewer commission
RWU Superintendent organizes a meeting with RWU Attorney Robert Frazier and RWU Chairman/Bentonville Staff Attorney/Scissortail Resident Peter Farmer.
Scissortail Resident/Bentonville Staff Engineer Peter Farmer has resigned from his position on Rogers Water Utility.
Scissortail Resident/Bentonville Staff Engineer Peter Farmer asks Superintendent Brent Dobler to add an item to the May 20 RWU meeting agenta to revisit Resolution 24-09 to provide utility service to the land swap area.
A special meeting of the Rogers Waterworks and Sewer Commission is called to elect a new chairperson to replace Former RWU Chair/Bentonville Staff Engineer/Scissortail Resident Peter Farmer.
Note: The RWU audio link for this meeting leads to the April 15 meeting audio file.
Related Items:
Cave Springs City Work Session
Cave Springs Public Hearing on Proposed Land Swap
Cave Springs City Council Meeting