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Home My WebLink About2023-11-14-AGENDARick Elumbaugh, Mayor Denise Johnston, Clerk Timothy Meitzen, Attorney A HISTORIC TREASURE AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 November 14, 2023 5:30 P.M. COUNCILMEMBERS Brittany Bennett Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Douglas Matthews Chris Poole Landon Reeves 1. CALL TO ORDER 2. INVOCATION 3. ROLL CALL BY CITY CLERK 4. APPROVAL OF MINUTES 5. APPROVAL OF AGENDA 6. COMMENTS FROM CITIZENS 7. UNFINISHED BUSINESS None 8. NEW BUSINESS A) Main Street Batesville with an update and budget request B) Mr. Bob Carius and Ms. Selina Wallis, Director of the Senior Citizens Program, with an update on the fundraising project to furnish the new Senior Citizens Center C) Scenic Hill Solar with a presentation on their recent solar audit for the city D) Consider a request from Mr. Frank Tripp for a sewer line extension to his property at 3075 East Main E) Consider an ordinance to waive competitive bidding for a new Fire Department Rescue Truck F) Consider an ordinance banning unauthorized camping within the city limits of the City of Batesville G) Executive Session H) Financial report 9. COMMENTS FROM THE MAYOR 10. LIAISON REPORTS 11. COMMENTS FROM COUNCIL MEMBERS (by roll call) 12. ADJOURNMENT "City of Hospitality" RESOLUTION NO. A RESOLUTION TO WAIVE COMPETITIVE BIDDING FOR A NEW FIRE DEPARTMENT RESCUE TRUCK WHEREAS, Independence County, the City of Batesville, and the local ambulance service relies on the Batesville Fire Department rescue truck to provide support in certain types of rescue operations; WHEREAS, the City's current rescue truck is a 2011 model which has and continues to have numerous maintenance issues, and therefore needs to be replaced as soon as possible; WHEREAS, that after diligent inquiry, the Batesville Fire Department has determined that Banner Fire Equipment, Inc. ("Banner"), which is currently taking orders for Chief Fire and Safety Custom Rescue Trucks, best meets the City's rescue truck needs in regards to specifications, expenses, and timeliness; WHEREAS, that the current wait time for said purchase is 18 to 24 months; WHEREAS, the City's need is immediate and the rescue truck offered by Banner uniquely suits the City's needs; and WHEREAS, Arkansas Code Annotated § 14-58-303(b)(2)(B) allows this governing body by resolution to waive the requirements of competitive bidding in exceptional situations where bidding is deemed not feasible or practical; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: Section 1. That the purchase of a new Chief Fire and Safety Rescue Truck from Banner Equipment, Inc. for $250,000, more or less, is hereby authorized. Section 2. That after diligent search it has been determined that this rescue truck uniquely meets the city's specifications and immediate needs. Therefore, competitive bidding is deemed to not be feasible or practical, and is hereby waived. PASSED AND APPROVED this _ of November, 2023. Honorable Rick Elumbaugh, Mayor Denise M. Johnston, City Clerk ORDINANCE NO. AN ORDINANCE BANNING UNAUTHORIZED CAMPING WITHIN THE CITY LIMITS OF THE CITY OF BATESVILLE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND FOR OTHER PURPOSES. WHEREAS, the City of Batesville ("City") seeks to provide for the health, safety and welfare of its citizens; and WHEREAS, the City has authority pursuant to its police powers as a home -rule municipal corporation to adopt and enforce ordinances and regulations to protect the health, welfare, and safety of the public; and WHEREAS, unauthorized camping frequently results in the deposit, storage, discharge, and improper disposal of human excreta, wastewater, garbage, and other organic wastes; WHEREAS, as the Council find sewage, human excreta, wastewater, garbage, or other organic wastes deposited, stored, discharged, or exposed in such way as to be a potential instrument or medium in disease transmission to a person or between persons to be a public health nuisance; and WHEREAS, the debris and paraphernalia associated with unauthorized camping may provide harborage to rodents and other vectors that carry and transmit disease and may be innately harmful to people and property; and WHEREAS, unauthorized camping is associated with both the presence of flammable debris and the making of campfires in unsuitable vessels or in areas that are not properly cleared, all of which pose hazards for wildfires and structural fires that endanger nearby properties; and WHEREAS, unauthorized camping is a source of visual blight that diminishes the appeal and perceived value of both the subject property and those around it, diminishing incentives for owners and occupants of adjacent properties to maintain their own property, and exacerbating challenges to impacted areas; and WHEREAS, unauthorized camping most frequently occurs on unattended or vacant properties and frequently constitutes criminal trespass; and WHEREAS, it is in the legitimate interest of the City of Batesville to protect the health, safety, and welfare of its citizens by setting reasonable standards for the maintenance of property within the city limits and by abating the nuisance related to unauthorized camping on properties within the city limits; and WHEREAS, the proposed prohibitions are intended to provide law enforcement the necessary tools to remove unauthorized persons from property where camping is not allowed, regardless of whether the owner cannot be located or is unavailable; and WHEREAS, in instances involving authorizing camping, law enforcement officers intend to make reasonable efforts to obtain compliance by informal means, including directing individuals to leave the property and, where appropriate, making referrals to social service providers such as emergency medical treatment, mental health treatment, and other social services, including temporary shelter, drug or alcohol rehabilitation; and WHEREAS, the Batesville City Council finds it advisable to adopt this ordinance for the public health, safety, and the preservation of Peace with the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS THAT: Section 1: Title. This ordinance shall be titled as and cited as City of Batesville "Ban of Unauthorized Camping." Section 2: Definitions: (a) AUTHORIZATION. Express written permission given by the property owner or the owner's authorized agent. (b) BRIDGE. A structure, including the approaches thereto, erected in order to afford passage over any obstruction in any public road, railroad, or other right-of-way, or to afford passage under or over existing public roads, railroads, or other rights -of -way. (c) CAMP or CAMPING. To reside, dwell, or otherwise remain temporarily in a place, using Transitory Shelter. Camp or camping does not include the use of public property or public facilities for their intended and designated recreational use or for authorized public or private events that involve the use of tents, awnings, or other structures in connection with such recreational use or authorized public or private event. (d) EDUCATIONAL INSTITUTION. Any private school, including a parochial school that offers a course of instruction for students in one or more grades from kindergarten through grade 12, or a private college or university. (e) GOVERNMENTAL ENTITY. Any federal, state, or local government, including, but not limited to, a municipality, county, unit of state government, educational institution, public school district, junior college district or special purpose district. (f) NON-RESIDENTIAL. Any property or area within the territorial limits of the City that is not included in Residential District as defined in the Zoning Ordinance or that is used for a commercial or industrial use. (g) PROPERTY OWNER. Is the natural person or entity identified on the deed or leasehold for private property. (h) PUBLIC PROPERTY. Any property owned, leased, or controlled by a Governmental Entity. (i) RESIDENTIAL. Any property or area within the territorial limits of the City that is located in a Residential District as defined in the Zoning Ordinance including vacant residentially -zoned. (j) TRANSITORY SHELTER. Without limitation, any vehicle or motor vehicle, including recreational vehicles and semi -trailer truck, any tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing. A recreational vehicle, semi -truck, or tractor trailer lawfully parked at a truck stop with fuel and accessory services shall not be considered Transitory Shelter for the purpose of this Section. Section 3: Prohibition. It shall be unlawful for any person to camp upon any: (a) Non-residential private property without possessing authorization of the property owner or the owner's agent; (b) Residential private property that has no permanent dwelling, or that is lacking a potable water source and toilet facilities, without possessing authorization of the property owner or the owner's agent; or (c) Residential private property that has a permanent dwelling and both potable water source and toilets facilities, without possessing authorization of the property owner or the owner's agent. The property owner's household members are deemed to be property owners under this paragraph. (d) Public property, developed or undeveloped, or public facility, including but not limited to, all parks, streets (including adjacent shoulders, medians, and terrace areas), sidewalks, parking areas, picnic shelters, recreational, athletic fields and appurtenances, buildings, educational institutions, public transportation vehicles, greenspaces, playgrounds, benches, right-of-ways, and any area underneath a bridge, within the municipal limits of the City of Batesville, Arkansas, without possessing authorization from the Governmental Entity empowered to give said authorization. The mayor or his authorized agent shall have authority to give said authorization on behalf of the City concerning City owned property, and as may be authorized by any subsequent municipal ordinance. Section 4: Defenses. It is an affirmative defense to prosecution that a person charged with violation of this section owns the property. Section 5: Penalty. Any person engaging in the violation of this ordinance shall be fined one -hundred dollars ($100) for the first day of violation and if the act is continuous, not more than fifty dollars ($50) for each day of continuance. These fines do not include Court costs which may be levied by a Court having competent jurisdiction. Persons found to be camping on any Batesville city owned property without proper authorization are deemed to be on said property unlawfully for purposes of charging and prosecution for Criminal Trespass under Arkansas Code Annotated § 5-39-203 et seq. Section 6: In General. Any property on which camping occurs shall be subject to all other ordinances of the City of Batesville, including those related to zoning and health and safety. Section 7: Conflicts with other Ordinances. That any ordinances in conflict herewith are repealed to the extent of that conflict. Section 8: Severability. The provisions of this Ordinance shall be deemed severable and the invalidity, unenforceability, or unconstitutionality of any section, clause, phrase, sentence, or part thereof, shall not affect the validity, enforceability, or constitutionality of any other section, clause, phrase, sentence, or part thereof. Section 9: Emergency Clause. It has been found and it is hereby declared that because this ordinance is immediately necessary for the preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall be effect from and after its passage and approval. PASSED this day of 52023. FNIVIJ 0Iil" Mayor Rick Elumbaugh ATTEST: Denise Johnston, City Clerk