Council must re-vote on bid to demolish pool
 
By John Gutekunst
Parker Pioneer - Lake Havasu City, AZ
 
The Parker Town Council approved a bid to demolish the old Parker town pool, but found themselves having to hold a second vote Sept. 21 due to a possible violation of the state's conflict of interest laws by one of the council members.

A second vote was set for 5:15 p.m. Sept. 21.

At the council's Sept. 15 meeting, a bid of $43,645 was awarded to Tonto Supply Inc. of Colorado City. The possible conflict of interest came from Councilwoman Chris Boatwright when she participated in discussion on the matter after she had recused herself from the vote. She stated her son worked for Tonto Supply.

Conflicts of interest are covered in Section 38 of Arizona Revised Statutes. A public official who has a substantial interest or whose relative has a substantial interest in a decision by a legislative body must publicly declare a conflict and, "shall refrain from voting upon or otherwise participating in any manner as an officer or employee in such contract, sale purchase or service."

Pat Shannahan of the state's Public Access Ombudsman's Office told the Pioneer Boatwright could have spoken out on the issue, but only off the dais as a private citizen and not as a member of the council.

Town Manager Lori Wedemeyer said she had spoken with Town Attorney Scott Ruby, and he agreed a possible conflict of interest occurred. As a remedy, they will need to vote to ratify or rescind their Sept. 15 action on the pool demolition.

The bids were opened Sept. 11. Of the five bidders on the project, one was a local company, Mike's Contracting. On Sept. 15, Councilman Frank Savino acknowledged they were not going with a local bidder, but added Tonto Supply's bid had been the lowest. He said they were trying to save the town some money.

Mike's Contracting's bid had been for $60,374.

Parker resident Missi Gilbert had asked if the decision on awarding a bid to demolish the pool could be delayed for a few weeks. She said some items from the pool would be needed if a new pool were built on the site. She said delaying the vote would give area residents a chance to discuss the pool.

Gilbert is forming a non-profit organization to seek funds to rebuild the pool and operate it.

Councilwoman Chris Boatwright said the council wants a pool, but the current pool in its present condition presents the possibility of liability lawsuits against the town.

"The question is what are we going to do about this hole in the ground?" she asked. "This is a liability. All it will take is for one child to fall in and we're done for as a town."

Boatwright said the current pool is an eyesore and a "scar on the town."

Savino, who was involved in building the pool in 1978 and 1979, said there were many things wrong with the pool. He said the deep end was almost destined to fail because of the way it was built. In earlier council meetings, he described how bracing and sandbags were used to shore up the deep end during construction as the soil was "sugar sand."

The pool's chemical, electrical and pumping systems were wearing out when the pool was shut down in 2003, and they have not been operated since then. Savino said they have deteriorated even more.

Savino said the town needed a pool it could afford to operate, and they simply did not have the funds to maintain a pool like the current one. He said he was optimistic a new pool could be built.

Community Development Director Guy Gorman said the demolition could start in a few weeks, but added there could be issues before that starts. Among other things, he said federal law requires them to test the pool's plaster for asbestos. He said it was unlikely the plaster would contain asbestos, but, if it did, the town would have to work out an asbestos abatement plan before demolition could proceed.

Gorman said he's spoken with the Colorado River Indian Tribes' Environmental Protection Office, and they could do the testing for asbestos.

Savino moved to approve the bid, with a second from Councilwoman Ramona Duran. Boatwright recused herself from the vote, citing a conflict of interest.
 
ParkerPioneer.net
Originally published Sunday, September 20, 2009
 
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