Combination is changing

Gentry Council votes on first reading to repeal old key-box law, adopt a far less strict version

Wednesday, December 8, 2010

— With a choice of three ordinances dealing with key boxes, the city council passed two on their first reading, one striking the 2006 ordinance requiring key boxes on all business buildings by next spring, and a second requiring the key boxes on commercial buildings with sprinkler systems or alarm systems.

No action was taken on a third draft ordinance which would have required key boxes on all new commercial construction as well as on buildings with sprinkler or alarm systems.

Rather than redrafting one ordinance to amend the 2006 ordinance, two separate ordinances were considered to accomplish the goal of council members because city attorney Jay Williams had been directed at the regular November council meeting to draft an ordinance repealing the 2006 ordinance and to prepare a second ordinance requiring the boxes on commercial buildings with sprinklers or an alarm system. Later in November, a request for a third draft was made following a joint meeting of the fire and safety committees. The third draft ordinance, requiring key boxes on all new construction and buildings with sprinkler or alarm systems, was a compromise to provide the added safety offered by the boxes and to appease those who did not want to be forced to add key boxes to their existing business buildings.

Though the joint committees recommended the third ordinance, councilwoman Janie Parks said she had reconsidered her position and was again opposed to requiring the boxes on all new commercial construction. She said to adopt the requirement would make Gentry the only city in the state to require the boxes on all new construction.

“No city within the state of Arkansas requires key boxes on all new construction,” Parks said.

Speaking during a public comment session, city business owner Jack Elder said requiring the key boxes on all new construction would be “penalizing new businesses” and would possibly “stifle growth” in Gentry.

Parks moved to adopt on its first reading the draft ordinance repealing the existing 2006 ordinance. When that died for a lack of a second, she made a motion to adopt on its first reading the second draft ordinance requiring the boxes only on business structures with sprinklers or alarm systems. That motion passed 5-2, with Janice Arnold, Clara Garrett, Kyle Jordan, Janie Parks and Mayor Wes Hogue - to create a majority of the full council - voting for it. Michael Crawford and Kevin Johnston opposed the measure. Jason Barrett and James Furgason were absent at Monday’s meeting.

The council then returned to the first draft ordinance to repeal the 2006 law. An attempt to suspend the rules and read by title only failed, but the draft ordinance was passed on its first reading 5-2 (with the council voting as before).

The proposed ordinances will be brought back for a second (and possibly a third) reading next month.

In other action, the council approved a resolution to authorize the police chief to place an order for a new patrol car to be delivered some time next year. The pre-authorization for an item in the proposed 2011 budget was to make it possible for the department to order a car early enough to receive it during the second quarter of 2011.

The amount in the proposed budget for next year is $23,000 for a new patrol car, plus an additional $9,000 for the purchase and installation of equipment for the new car, including radios, lights, sirens, radar and other safety and law enforcement equipment. The car to be purchased will be a 6-cylinder Dodge Charger especially made for police use, according to Gentry police chief, Keith Smith.

In a unanimous vote of council members present, the council approved participation in the Arkansas Public Employees Retirement System for all its non-uniformed employees.

“It will benefit our city as well as our employees to change to APERS,” said councilwoman Janice Arnold.

Since the program provides retirement benefits for full-time elected officials in addition to regular employees, participation could save the city the expense of paying out of its general fund retirement benefits to future elected officials.

Changing over to the state employees’ retirement system rather than the current system was recommended by the Personnel Committee and the Finance Committee.

The council passed a resolution which documented outgoing Mayor Wes Hogue’s final salary.The documentation may assist the city in determining retirement benefits for Hogue once he reaches the age of 60 years, though conflicting attorney general opinions make it unclear whether Hogue’s retirement benefits will be 50 percent of his final salary or 50 percent of the current mayor’s salary at the time when Hogue reaches retirement age.

A draft ordinance providing for a surviving spouse to receive half of an elected official’s retirement benefits was tabled and returned to the finance committee to consider possible costs to the city. It is expected to be brought back before the council at a special meeting to adopt the budget, set for 6:30 p.m., Tuesday, Dec. 14.

The council also postponed choosing a professional to plan a proposed new park on city-owned property along Flint Creek and Arkansas Highway 59 until more study can be completed.

Hogue suggested the postponement because of a lack of direction in the design and purpose of the park; upcoming meetings to establish a new 5-year plan for Gentry Parks which would lend important guidance in how the city chooses to develop a new park; needed approval by the Arkansas Historic Preservation Program because of the site being a Civil War campground, along the historic Trail of Tears and possibly having Native American artifacts; and approval of the Arkansas Game and Fish Commission because of endangered species upstream from the site.

Planning for the new park was referred back to the Parks Commission, which is next scheduled to meet at 5:30 p.m., Dec. 27, at city hall.

Approval was given for the construction of additional fencing on the south side of the city park, similar to the split rail fence there, to extend the fence around the parking area and keep people from driving up into the picnic area and around the ball field. The cost for an additional 160 feet of fence with a number of access points for pedestrians was estimated to be less than $1,500, and money remains in the 2010 budget for the park improvement.

News, Pages 1 on 12/08/2010