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07 MAY 17.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 17, 2007 7:00 P.M. – 8:49 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on May 17, 2007 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Linda Dulaney, Public Works Director Jim Oakley, CDBG Director Theresa Watson, Parks and Recreation Director George Biggs, Fire Chief John Vanderhoof, Police Chief Robert Baker, Director of Administration Jay Whisker, Mrs. Judy Swaim, Mrs. Helen Stroud, Mrs. Addie Gibson, Dr. Misak, Mr. Alfonso Nations, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of May 3, 2007 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman McCleary that the minutes of the Regular City Council Meeting of 19 April 2007 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Howard to approve the Regular Monthly Report for April 2007 from the Jacksonville Fire Department, which reflects a fire loss of $6,500.00 and a savings total of $173,500.00 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Howard to approve the Regular Monthly Animal Control Report for April 2007. Said report reflects: ADOPTION/FINES: $3,360.00 CONTRIBUTIONS: $ 0.00 TOTAL: $3,360.00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Howard to approve the Regular Monthly Report for April 2007. Said report reflects the Total Value of Reported Stolen Property $58,892. Total Value of Recovered Stolen Property $27,361 and Total Report Sales $850. REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved, seconded by Alderman Howard to approve the Regular Monthly Report for April 2007. Said report reflects: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 17, 2007 7:00 P.M. – 8:49 P.M. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 27 Building Inspections 117 Business License 14 HVACR 63 Electrical 155 Plumbing 96 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 446 Notice of Noncompliance 13 Property Mowed 30 Towed 4 Trash Letters 169 CONDEMNATIONS Trash Removal 7 Structural Maint. Letters 0 Property Maint. Letters 3 Structural Repairs Made 0 Costs $3,855.84 Demolitions 0 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid for Brush Hog Alderman Smith moved, seconded by Alderman Sansing to remove the bid from being tabled. MOTION CARRIED. Mayor Swaim noted that the question before the City Council is the purchase of three tractors for the Street Department. Alderman Ray moved, seconded by Alderman Howard to accept the second lowest bid from Springdale Tractors regarding Kubota tractors in the amount of $38,999.40 and reject the low bid from Capital Equipment for Mahindra tractors with funds to be drawn from budgeted Street Department funds. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: ORDINANCE 1312 (#11-07) AN ORDINANCE AMENDING JMC §6.04.045 PROVIDING A BAN OF THE BULL TERRIER BREED OF DOG, COMMONLY REFERRED TO AS PIT BULLS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Stroud reassured owners of the pit bull dog breed that the Ordinance contains a grandfather clause, but noted the need to address 2 safety issues for all Jacksonville citizens. He related efforts to address safety issues one year ago with the passage of a stricter animal CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 17, 2007 7:00 P.M. – 8:49 P.M. control ordinance, adding that Jacksonville residents continue to be attacked, injured, and intimidated by neighbors’ pets. He noted the previous ordinance’s failure to prevent such acts. He recounted a story of a Jacksonville woman attacked upon returning home from work twice in the same evening resulting in severe scaring wounds and an emergency bill of approximately $800.00 dollars. He continued that the owner of the dog had promised to pay medical costs but has not done so and that it was further discovered that the dog was not registered or vaccinated for rabies. He questioned the responsibility for this occurring, asking if it is the owner of the dog, or Animal Control when they did not know the dog existed, or the City Council for not passing a stronger ordinance previously. He noted concerns for the future of the pit bull breed from pit bull owners during the passage of the previous ordinance, saying that he would personally rather there not be another pit bull on earth than for one child to be maimed or killed. He stated that this is more likely to happen as the population of pit bulls continues to increase in Jacksonville. Mr. Lynn Tanner caused a disturbance and was asked to keep his seat and allow the discussion to continue. He was assured an opportunity to speak at the appropriate time. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1312 be placed on FIRST READING. Mayor Swaim offered opportunity for discussion among the City Council members. Mr. Tanner was cautioned again for another outburst and refusal to remain seated. Mayor Swaim assured Mr. Tanner that he would have an opportunity to speak then recognized Alderman Sansing to speak. Alderman Sansing answered the earlier question of responsibility, saying that in his opinion it is the dog owner’s fault. Mr. Tanner burst from his seat, directing the television crews to film him, refusing to observe protocol, he shouted at the City Council and rushed from one end of the dais to the other. Mayor Swaim and members of the audience urged Mr. Tanner to take his seat and wait his turn to speak. He adversely engaged members of the City Council and members of the audience before being coaxed back into his seat. Alderman Sansing stated that he does not believe the entire pit bull breed can be depicted as vicious dogs, adding that he believes the responsibility of individual temperament belongs to the owners. He recalled that in the past, other breeds such as the Chow and Doberman were singled out as the number one biting dogs. He stated that the City needs penalizing legislation against negligent owners. He stated that a 3 dog is a person’s personal property and the person who owns the property holds the ultimate responsibility. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 17, 2007 7:00 P.M. – 8:49 P.M. Alderman Stroud agreed that responsibility lies with the owner, adding that the problem is determining who are responsible versus irresponsible owners. He stated that the ordinance is patterned from two nearby cities where the ordinance has proven effective to reduce the number of bites. He stated that he is not worried about breeds of dogs but added that he is worried about people and it is the job of aldermen to make sure citizens are safe. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. Alderman Sansing voted NAY (1). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1312. Mayor Swaim offered an opportunity for citizenry input, reminding everyone to be courteous to each speaker. He stated that each speaker would have two minutes to address the City Council. Mr. Tanner refused to offer the City Council his address, saying that he lived in the Toneyville area and if anyone wrote that down, he would break their neck. He stated that the ordinance was like taking ice cream from young children who could not protect themselves. He stated that his pit bull is his only companion in life and that Alderman Stroud is threatening him because he took the responsibility to love his dog. He stated that if his dog were a threat to anyone he would personally kill the dog. He stated that people are his concern, adding that his dog has scared his neighbors. He began to relate a story regarding a neighbor and his dog when he became upset, stating that he has already had three heart attacks. He explained that the dog belongs to his daughter and had been taken in North Little Rock by the Animal Control. He continued to adversely engage members of the audience without attempt to clearly convey any message to the City Council. He was asked to relinquish the floor to other audience members wishing to address the City Council. He did so reluctantly. Mayor Swaim reiterated that if criterion in the ordinance is met, owners will be allowed to keep their dogs. He continued that owners would be given 30 days to register the dogs. Dr. Lee Misak a local veterinarian stated that he would like to offer a perspective to the legislation in respect to veterinarians. He stated that he feels the ordinance should define more specifically, what is meant by mixed pit bulls, and clarify who determines a pit bull mix. He then questioned the percentage of bite cases as human or nonhuman bites 4 and how the ordinance would affect the LRAFB personnel now and in the future. He then stated that in general he is against banning any specific breed of dog, adding that the American Humane Society, American Animal Hospital Association, American Veteran Medical Association, National Animal Control Association, National Animal Interest Alliance, American Kennel Club, and the United Kennel Club do not favor banning of any specific breed. He acknowledged that there are two fractions of pit CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 17, 2007 7:00 P.M. – 8:49 P.M. bulls, those that make excellent pets and those that are fighters. He stated that the average veterinarian would claim that 90% of the pit bulls seen in a veterinarian office are friendly, adding that he is aware of the other end of the scale regarding very aggressive pit bulls. He stated he feels that goes back to the owner and the owner is responsible for the dog that bites. He stated that one trait he dislikes regarding the pit bull breed is that they can cause severe bite damage because they have such massive jaws and they do not like other dogs. He related that according to his records, pit bulls are the number one breed in Jacksonville, adding that they out number other breeds of dogs by two or three times. He offered that the number of bites is reflected by the fact that pit bulls out numbers other dogs in Jacksonville. He stated that if Animal Control is enforcing the previous ordinance there should not be any reason to be here tonight. It was clarified that without an emergency clause the ordinance would not take affect for 30 days, allowing owners 30 days to get their dogs registered. Dr. Misak stated that he feels that is fair. He then added that because there are two fractions of pit bulls, the City is punishing the good owners who are responsible for their dogs. He stated that no matter what the breed there will always be some bad dogs. He stated the need to have legislation to make the owner responsible. He related that he did not feel there was enough advance notice regarding the ordinance, saying that he feels the ordinance should be tabled until a later date. Marilyn Murphy a resident on Republican Road, stated that she lived seven years in Sunnyside prior to moving out of town. Mayor Swaim asked if she is living outside the City. Marilyn Murphy stated that she lives in Jacksonville, but is not in the City limits because she recently purchased a home and moved out. She stated that if she chooses to move back into the City limits this ordinance would affect her. She continued that the ordinance is directed only to pit bulls, stating that the problem is not with the breed but with the owners. She stated that the dogs are teased which makes them aggressive, adding that by nature they are not aggressive towards people. She stated that she has had pit bulls since the early 80’s and has not ever had one of her dogs bite anyone. She stated that she loves her 5 animals enough to protect them from people. Terrance Nichols a resident of Kelly Drive questioned the cost of spaying or neutering the dogs. He then questioned why the dogs have to be spayed or neutered. Alderman Stroud related that is part of the concern for safety of citizens, noting that the dogs are less aggressive if spayed or neutered. Terry Jordan of Oakley Estates Mobile Home Park stated his disagreement with his dog having to be neutered. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 17, 2007 7:00 P.M. – 8:49 P.M. Sergio Converse of 717 East Martin Street stated that according to the fourteenth amendment of the Constitution of the United States, no state shall deprive any person of life, liberty, or property without due process of law, nor deny any person within its jurisdiction to the equal protection of laws. Crystal Roulden of 500 Hill Street stated that she has owned pit bulls her entire life and they have been great animals and great protectors. She stated that the reason pit bulls are that way is because they protect their household. She stated that any animal is aggressive if it is backed into a corner. She expressed her desire to be able to have puppies and does not feel it is right to make people spay or neuter pets. Joe Williams of 48 North Valley Drive related that the problem is bad owners and the situation needs to be addressed more through directing penalties to the owners, such as making them pay the medical costs when their dog injures someone. He stated that he does respect the City Council for trying to help a bad situation. Amanda Erickson of Pine Drive questioned the increase in bites and possible causes for the increase. She stated that she is concerned, as a German Shepard pet owner, where the City would “draw the line”. Samantha Roberson stated that she previously lived off West Centennial and has recently moved to North Little Rock. She then clarified that her family has lived in Jacksonville since 1922 and before. She related that she plans to move back to Jacksonville and feels there should be an exception for those people who do take care of their animals. She stated that she is currently buying her parents house in North Little Rock and questioned if she is suppose to “kill” her dog because she is moving to North Little Rock. She related that she is trying to help the people in Jacksonville because she might have to move back. Dawn House of 1307 School Drive stated that she owns a pit bull, Rottweiler, and German Shepard. She stated that she loves her dogs about as much as she loves her children and feels the pit bull breed is worthy and should be allowed to procreate. She stated that a veterinarian is capable of testing the dogs for aggressive strains and tell if the dog 6 would pass on a mean streak if it procreates. She stated that if pit bull owners are made to microchip their dogs then every dog in the City should have to be micro-chipped. She stated that she would rather leave her children with a handful of pit bulls than many of the miniature Poodles she has seen. She added that little dogs can be vicious they just don’t inflict as much damage. She concluded, saying she feels the owners are responsible for their dogs, adding that she does not feel that pit bulls should be sanctioned as a vicious breed when every other dog has the ability to hurt, maim, and kill. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 17, 2007 7:00 P.M. – 8:49 P.M. Mr. Leroy Ackridge 1421 Southeastern stated that he is an American Bulldog owner. He reiterated that the owners should be the responsible party and that all the ordinances in the world would not do any good until you get owners to take care of their dogs. He agreed that the ordinance should be tabled and given further consideration. Tim Hamby of 104 Harold related that his 12-year-old son had been attacked by a neighbor’s pit bull. He stated that the pit bull had always been friendly with his son. He recalled that the incident occurred while his son was with other neighborhood children playing in the street on a Saturday morning. He stated that the pit bull was in a fence inside another fence and that no one provoked the attack. He went on to say that the pit bull escaped and attacked his son in the street. He related that the dog pinned his son down three separate times, resulting in 33 stitches in his leg. He then related that if it had been his much younger daughter, he fears it would have been much worse. He said that while he loves dogs, he feels children are more important than an animal. He added that he feels what is being proposed is prevention, noting that once a child is attacked you cannot turn back. He went on to relate physiological difficulties experienced by his son since the attack. Jerry Bryant of 4008 Rope Trail stated that he has lived peacefully and securely in his home for 35 years, adding that 4 months ago his neighbor moved because of a pit bull next door and now his new neighbor has a pit bull. He related that when he goes out into his back yard the pit bull hits the fence and digs underneath, explaining that he has had to block the holes. He stated that he is terrified of the pit bull. Myra Clary of 1308 McArthur Drive related that 6 years ago her dog was killed by a pit bull in her back yard at 10:30 p.m., she continued that 3 months ago another pit bull entered her back yard when she was letting her dogs out. She related that she managed to get her dogs into the house and called Animal Control who picked up the dog. She continued that since then she has seen the same dog picked up again in the neighborhood by Animal Control and lastly 6 weeks ago she witnessed the same dog attacking a neighbor holding her small dog, adding that the pit 7 bull had the lady pinned down and had the small dog in its mouth. She stated that the lady had been bit and had multiple bruises on her arms and back. Mrs. Clary stated that she was able to get the small dog away from the pit bull and pulled the lady into her house. She related that the owner arrived in her car called the dog into the car and never stopped to see how the lady or her dog were. She related that Animal Control got the dog from its home and it was quarantined because the dog had never been vaccinated. She added that since being quarantined and released the same dog appeared back at her house and chased her dog in the backdoor. She related that her neighbors are scared to even walk in the morning or leave their homes. She clarified that it is her understanding the owner of the dog has been fined twice and has not paid either fine under the current ordinance. She stated that no one provoked the animal. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 17, 2007 7:00 P.M. – 8:49 P.M. Jacksonville Animal Control Supervisor Linda Sakiewicz clarified that the owner of the pit bull had been cited on three separate occasions, explaining that they are unable by law to confiscate anyone’s pet without a court order. She stated that it was a serious bite case and as such was taken very seriously, explaining that Animal Control has been to the owner’s home many times trying to get them to comply and be a responsible pet owner. She stated that the owners decided not to do so; therefore, steps have to be taken according to the present ordinance to fine them and have the animal removed from the City as best as possible. Patty Jones a 13-year officer of the North Little Rock Animal Control Department related details of a pit bull attack in the County 2 days ago where the child attacked lost almost half his leg. She presented a picture of the injury, saying that his mother had wanted to be present to speak but was still at the hospital. She stated that she has reviewed the ordinance being proposed, saying that when this ordinance was adopted in North Little Rock it was difficult for the Aldermen. She related that the local veterinarians were present to speak against the ordinance and the irresponsible pit bull owners were not happy about the ordinance. She stated that North Little Rock’s ordinance has been in effect for 2 years and Lonoke passed the ordinance last week. She noted that Lonoke did not even offer its citizens an opportunity to register pit bulls as Jacksonville is offering. She related that when North Little Rock passed the ordinance, responsible pit bull owners did spay and neuter their dogs and have them tattooed instead of chipped as permanent identification for the animal. She stated that North Little Rock had 4,000 pit bulls and only 211 responsible owners registered their dogs. She related that Sherwood and Maumelle have passed pit bull bans and she believes Little Rock will shortly follow suit. She explained that if a non-registered pit bull is picked up in North Little Rock the owner has 3 days to claim the animal, pay a fine, have the dog tattooed as a banned breed violator (BBV), and it still has to be removed from the City. She informed the City Council that the banned North Little Rock dogs are being relocated to Jacksonville, Little Rock, and locations in Pulaski County that do not have a ban. She stated that without the ban the problem would only 8 worsen in Jacksonville. She stated that since the ordinance has been in effect in North Little Rock, the residents feel safer because the streets are safer, adding that vicious dog numbers have decreased and the bite cases have decreased. She stated that the ban amounts to a public safety issue. She noted that area veterinarians only see the responsible pit bull owners, but Animal Control deals primarily with the irresponsible pit bull owners. She addressed the Aldermen saying that they should asked themselves if the City of Jacksonville is a safer community with an increase in the pit bull population and pit bull attacks, or safer with a population that is steady and even declining year by year. She concluded saying that she feels the City of Jacksonville is being more than fair by allowing current pit bull owners an opportunity to register and keep their dogs. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 17, 2007 7:00 P.M. – 8:49 P.M. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1312 be APPROVED on FIRST READING. Alderman Sansing questioned the affect of the ordinance regarding military personnel transferring into Little Rock Air Force Base. Mayor Swaim related that the only jurisdiction that the City of Jacksonville has on the Base is that which is allowed by the Air Force. He further clarified that the ordinance would apply the same for any military member living off Base in the City of Jacksonville. In response to a question posed by Alderman Sansing, Dr. Misak stated that the price to microchip an animal is $40.00 to $50.00 and sterilization ranges between $50.00 to $150.00. Alderman Sansing stated that his main problem with the ordinance is that it discriminates against a specific breed. He continued that it is a breed with some problems, but there are other breeds with similar problems. Alderman Twitty noted that in 2006, Animal Control received 215 pit bulls, 105 had to be euthanized because they went unclaimed. She stated that would signify that the dogs are not being taken care of and are running at large. Alderman Fletcher stated the only issue is safety for Jacksonville citizens, saying that children should be safe when playing in their yards or in the street. He stated that it is a shame when people are more concerned about an animal than a human being. He stated that it is a fact that the animals are more docile when they are sterilized, adding that he understands why there is such a heated exchange but the bottom line is the City is trying to make pit bull owners responsible. He stated that the best way to make people responsible is to identify them, 9 which is the purpose of the registration. He stated that as far as any other breeds becoming a concern that would be addressed in the same fashion. In response to a question posed by Alderman Fletcher, Animal Control Officer Linda Sakiewicz stated that the new ordinance has not been able to make irresponsible owners more responsible. She stated that most of the time the owners do not claim the animal and then they are euthanized, not to mention the vast amount of time spent issuing warrants. Alderman Smith stated that it is the City Council’s responsibility to address public safety, noting that the City Council tried to address the problems in the previous ordinance without establishing a ban. He reiterated that owners would be given a 30-day opportunity to register their dogs. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 17, 2007 7:00 P.M. – 8:49 P.M. Alderman Stroud moved, seconded by Alderman Ray to amend Ordinance 1312 to exclude the breed of Bull Terrier on the advice of the North Little Rock Animal Control Department. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith to suspend the rules and place Ordinance 1312 on SECOND READING as amended. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1312. Discussion ensued regarding postponing the third reading of the ordinance until a later time. Alderman Fletcher moved to table Ordinance 1312 for third reading at the next regularly scheduled City Council meeting. MOTION dies for lack of a second. Alderman Ray moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1312 as amended on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. Alderman Fletcher voted NAY (1). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1312. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1312 be APPROVED AND ADOPTED as amended. 10 Alderman Elliott noted present difficulties with having the same animals back on the streets after being cited into court and the increasing number of pit bull owners that move into the City of Jacksonville. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1312 THIS 17 DAY OF MAY 2007. APPOINTMENT(S): PARKS AND RECREATION COMMISSION Alderman Elliott moved, seconded by Alderman Howard to approve the reappointment of Jane Tallent for a term to expire 5/09/2012. MOTION CARRIED. Mayor Swaim noted that registration for the Arkansas Municipal League meeting is complete. ANNOUNCEMENT(S): CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 17, 2007 7:00 P.M. – 8:49 P.M. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 8:49 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 11