Gentry council denies rezoning appeal

Flat fee for ambulance service preferred to variables which make budgeting for service more difficult

Wednesday, January 11, 2012

— City council members, on Monday, rejected an appeal of a planning commission decision to leave a piece of property along Arkansas Highway 59 at Meeker Street zoned residential/office.

By a vote of 7-1 - with council member Warren “Bud” Norman being the only negative vote - the council upheld the planning commission decision not to change a piece of property belonging to Kirby and Audrey Hebert back to commercial zoning.

Audrey Hebert, in a letter to the council, requested that the council overturn the planning commission decision and rezone the property along the highway for commercial use to make it more marketable. Withavailable commercial property along the highway limited, it was argued by Danny Hebert, speaking on behalf of his parents, that rezoning would be a benefit to the city if it wishes to grow.

Objections to the zoning change were submitted by residential property owners adjacent to the Hebert property, including Jo Ellen Martin, clerk for the city.

“If a city puts in a five-lane highway, it is inevitable that the property along it will eventually become commercial,” Norman said.

Councilman James Furgason agreed with Norman that the property would eventually become commercial and said it would be unfair to the current property owners to deny the rezoning if it is done later. He mentioned the fact that theproperty had once been zoned commercial and was rezoned residential-office.

Councilman Todd Wagner said he would feel better voting in favor of the zoning change if he knew what kind of business would be built there, but Furgason said the ordinance did not require the disclosure of an intended business before a zoning change is made.

Citing the objections of adjacent property owners, councilwoman Janice Arnold moved to uphold the planning commission decision and Janie Parks offered her second, putting the matter up for a council vote.

The matter had been discussed at the December meeting and tabled until Monday’s meeting.

Further appeal can be made through the courts, or the matter can be brought back to theplanning commission in a year, according to city attorney Jay Williams.

Ambulance Service

In other business, the council, by consensus, approved the direction of discussions between Gentry fire chief Vester Cripps and the Siloam Springs fire chief for contracted ambulance services within the city. The current memorandum of agreement under discussion sets a $15,000 annual fee to be paid to Siloam Springs for providing services within the city of Gentry.

In exchange for increasing that amount from a proposed $12,000 annually to $15,000, the discussed proposals removed a 200-call limit and a higher fee for calls above that limit.

“We did away with the variables,” Cripps said, “and settled on a flat $15,000 fee.”

Council members, at a December committee meeting, expressed concern about budgeting for an unknown amount and felt safer having a set fee.

The agreement would still allow the Siloam Springs service to bill patients for the service.

If adopted by both cities, the payment would help cover costs for operating the ambulance service inside Gentry when patients cannot or do not pay their ambulance bills.

Former mayor and city business owner Wes Hogue reminded the council that the ambulance service issue was a county-wide issue and not just an issue between Gentry andSiloam Springs. He said the county would likely soon propose a plan for paying for ambulance services.

“This is a countywide issue,” Hogue said. “Hopefully, the county will soon set a fair price and I hope you will be supportive of the bigger picture. We have received free services from Siloam Springs ‘forever.’ They have been very benevolent to us,” he said.

Vehicle sales

The council approved putting out to bid for purchase a 2002 Chevy Silverado which was wrecked. Bids on the vehicle will be accepted at city hall until noon on Feb. 6 and opened at the council meeting that night. A second wrecked truck was kept by the insurance company. The city has been reimbursed for the value of the two trucks and is selling the one to dispose of it.

A 2002 Ford Crown Victoria police cruiser no longer in service will be advertised in City & Town Magazine in an attempt to sell it.

Committee meetings

A meeting schedule for the council was adopted, with one date - Sept. 3, due to Labor Day - moved from the normal first Monday to the second Monday of the month, at 6:30 p.m.

Committee meetings were set for the Water/Sewer Committee and the Police/Personnel/Safety Committees on Tuesday, Jan, 17, at city hall, at 5 and 6 p.m., respectively.

On the agenda for the Water/Sewer Committee will be a proposed ordinance to regulate the new trash service receptacles.

No agenda was given at the council meeting for the Police/Personnel/Safety meeting.

Pension Plan

The council also approved recommended changes proposed by the Arkansas Fire & Police Pension Review Board to the pension program in which firefighters were enrolled prior to the statewide Arkansas Local Police and Fire Retirement System (LOPFI). Though some retired volunteer firefighters are still receiving benefits from the older pension plan, Chief Vester Cripps is the only current Gentry firefighter yet enrolled in the old plan.

News, Pages 1 on 01/11/2012