MINUTES OF THE REGULAR MEETING The City Council of Forrest City, Arkansas, met in regular session on September 1, 2009. The meeting was called to order at 6:00 p.m. Alderman Jeffers opened the meeting in prayer. The following answered roll call: Mayor McCoy, Clerk Cochran, Attorney Cline, and City Council Members: Alderman Peacock, Jeffers, Hollowell, Shepherd, Twillie, Fields, Capps, and Oswalt. Alderman Shepherd made a motion to approve the minutes of the previous
meeting. Seconded by Alderman Jeffers. Roll Call: All Ayes. None
Unfinished Business Cable Franchise New Business Alderman Twillie asked how he was going to authenticate the ordinance, how many people would it take to say it is a barking dog. Alderman Hollowell said one person could. Alderman Oswalt stated the ordinance would cover more than barking dogs. He mentioned Section 1 line 6 foul odors. Alderman Shepherd said Section 1 states the owner shall be subject to a fine, he said it needed to be determined what the fine is. Alderman Shepherd said he did research on other cities and what he read was the neighbors did letters of complaints on the barking dogs. Attorney Cline stated the ordinance would be enforced one or two ways. If a police officer witnesses the violation, the officer can act on it. If a private citizen wanted to initiate a violation they would have to go to the police station or municipal clerk’s office and fill out an affidavit or a sworn statement of what the violation is, then the sworn statement is presented to the judge, then the judge decides whether or not it is probably cause to issue a warrant based on the affidavit. Alderman Peacock asked who would enforce the law, the police department or animal control. He said he thought the ordinance needed some tweaking. Mayor McCoy asked Mr. James Shelton to address the council since the complaints were on his dogs. Mr. Shelton asked the question, what make dogs bark. He answered and said squirrels, opossums, cats, and even intruders he said his dogs barks for a reason. Alderman Shepherd said he like to see some modification to the ordinance. He thought $100.00 and 200.00 would be too much for the way the economy is. Alderman Shepherd said give an option, each offense the fine goes up. Alderman Twillie said other fines are set at $25.00 he also said you could not legislate whether a dog bark or not, but it if get to be a nuisance, then it is the city’s responsibility to do something. Alderman Oswalt stated if the council is not satisfied with the amounts set in the ordinance, take it out the ordinance had not been voted on. Alderman Peacock wanted to know if the mayor, animal control, and the police chief had a chance to visit with Alderman Oswalt about the ordinance. Mayor McCoy said no the ordinance was just presented. Alderman Hollowell stated he did speak to the police chief about the ordinance. Chief Duch stated Section 2 needed to be cleared up, it needs to say field contacts or some type of documentation; there is already vicious dog ordinance on the books. He also said animal control has no arrest authority in the City of Forrest City. Animal control could have the authority to issue citations if the council grants it. He also said as far as the fines, court cost and jail fees would be added. Alderman Peacock asked Chief Duch if there is anything on the books that could be applied to a dog disturbing the peace. Attorney Cline said citizen has the right to file a private civil law suit if they contend there is a nuisance. But right now, the city does not have any law that would allow it to take action. Alderman Twillie said he did not see anything wrong with having
a law, but they needed one that is manageable and enforceable. He
also said two or three different entities need to be on the committee
such as the mayor, attorney, and police chief so they can work out
all the conflicts and grey areas. Alderman Hollowell asked Attorney Cline if he saw a problem with the ordinance did it cover everything. Attorney Cline stated he thought it would cover what they intended for it to cover. Alderman Twillie suggested tabling the ordinance until it could be tweaked. Alderman Hollowell acknowledged Mrs. Lynn Petry, who stated once again that her neighbor has four dog tied to a fence and they bark six to eight hours constantly. She also said the city have laws that are not being enforced. Alderman Jeffers stated that Alderman Fields just mentioned that the laws the city already have should be enforced. Attorney Cline stated that Mrs. Petry could sign an affidavit. Mayor McCoy asked the council if they wanted to table the ordinance until further notice. Alderman Hollowell asked for the ordinance to be read for the first reading. Attorney Cline read An Ordinance Prohibiting Keeping of Nuisance Animals; Defining What Constitutes Nuisance Animals; Proving Penalties for violation of The Ordinance; for Other Purposes; And Declaring An Emergency. Sponsored by Alderman Hollowell.
The duties of the members of the planning commission would not conflict with the duties of a Board of Appeals. Ordinance 1838 was adopted by the Forrest City Council on October 7, 2008; the ordinance does not include an appeal process. Alderman Capps feel that a Board of Appeals is necessary to protect
the rights of appeal for every property owner in the city, as it
is now, property owners do not have an avenue of appeal. Alderman Capps made a motion to suspend the rules and read the ordinance for the third reading. Seconded by Alderman Oswalt. Roll Call: Alderman Hollowell, Shepherd, Oswalt, and Capps All yes. Alderman Peacock, Twillie, Jeffers, and Fields All said No. Alderman Twillie stated he would never vote for the ordinance to give someone else an attunement that he took from himself. Alderman Capps said he did not understand why, the four voted against the ordinance, they would be opposed to a board of appeals. The fire marshal determines at his discursion whether or not a building in Forrest City passes codes. The old Southern Furniture building is empty because the fire marshal said a sprinkler system had to be installed. He also said the building has been there for many years; it should be grandfathered in. Alderman Capps also said it does not meet the requirements for a sprinkler system as far as square footage. He did not think it was right for the owner to have to put $50,000 in the building for a sprinkler system. He said the building cannot be rented and he thought that was wrong. Alderman Capps also said the only way to change it would be to have a board of appeals to listen to both sides of the argument and make a decision. He also said if the council did not want the planning commission members to be on the board, the council could appoint others. Alderman Field asked if the state law say the build has to have a sprinkler system. Alderman Capps said it does not meet the square footage. Attorney Cline stated what Alderman Capps is saying, when the fire marshal make a decision that is it, there is not re-course that is the purpose of the ordinance to allow method to be presented to the board. Mayor McCoy asked Fire Marshal Anthony Renigar to speak in his defense. Mr. Renigar stated he does not make the final decision. He had talked it over with his chief and the code enforcement officer then the state fire marshal is brought in and he has the final say. “And you cannot do no less than the state code”, said Renigar. Attorney Cline stated the next fire marshal might not be as reasonable
and should not the public have the right to have that reviewed.
Fire Chief Ruffin stated that Mr. Renigar and the code enforcement
brought the codes to his attention and he agreed with them, he was
not going to break any law, since they all agreed they brought in
the state fire marshal and he agreed with then that the building
did need a sprinkler system. Chief Ruffin also said a board of appeals
could not overturn a state fire code. Alderman Peacock said he agreed with an appeals process citizens need an opportunity if they have a grievance with whatever department. But the city has adopted a fire code in 2007 it has an outline for an appeals board. He said there is no way you can be a planning commission and an appeals board at the same time. Alderman Peacock also said an appeals process is fine but it needs to be done in order. Attorney Cline said he would check the state codes on appeals process. City Shop Fuel System Grant update Police cars (12) total grant applied for was $258,505, USDA Grant $90,000, Jag Grant $70,448 and city’s match $98,057. Gas Pump estimate $26,753, USDA Grant $9,000 and city’s match $17,753. Brush Chipper 100% ADEQ Grant of $35,425 Bullet Proof Vests total cost $2,975.38, Grant $1,487.69 and city’s match $1,487.69 Total projected cost all projects $467,008.38 total grant monies $276,360.69 and city’s match $190647.69 59% grant and 41% city’s match Directed Patrol JAG Grant pending in the amount of $17,178 Announcements September 14, 2009 2-4 p.m. CRDC will be celebrating their 40th anniversary at the senior citizen’s building Tomorrow CGI Company will be videoing key point in the city for two days it will be posted on the website. Grant workshop November 13, 2009 at the civic center 9:00 a.m. until 4:00 p.m. STREET FUND BILLS Alderman Shepherd made a motion to pay the street fund bills totaling $3,494.54. Seconded by Alderman Capps. Roll Call: All Ayes. GENERAL FUND BILLS Alderman Oswalt made a motion to pay general fund bills totaling $16,793.93. Seconded by Alderman Twillie. Roll Call: All Ayes. Alderman Twillie made a motion to adjourn at 7:15 p.m. Seconded by Alderman Jeffers .
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