Path to recoup cleanup expenses passes first reading

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Council considered a proposed ordinance addressing when the city incurs “expenses in mitigation or rehabilitation of private property that is subject to violations of the Municipal Code” and that the city “believes those costs should be borne by the property owner.”

The proposed solution in the ordinance would be to file a lien on the property at a cost determined at a public hearing before council.

Alderman Mickey Schneider suggested that instead of a lien, the city either work out a payment plan with the owner or whoever was in charge of the property, or allow that person to simply give the property to the city.

Mayor Butch Berry pointed out that any property owner could give property to the city, but City Attorney Tim Weaver strongly encouraged council not to strong-arm property owners into giving up property. He said Schneider’s suggestions could be construed in court as a veiled threat.

Alderman Tom Buford noticed references in the proposed ordinance to the sidewalk ordinance, and suggested Weaver make the new ordinance more encompassing to cover all of City Code so nothing falls through the cracks. Weaver said he could add a section to clarify the intent.

Alderman Terry McClung moved to assign the ordinance a number and put it on its first reading. He got a second, but Schneider asked why approve the first reading only to amend the ordinance before the second reading? She said they should just wait until it was amended before considering a vote.

Berry told her she could move to defer, and she did but got no second.

Vote to approve McClung’s motion was 5-1, Schneider voting No, and vote to approve the first reading of Ord. 2274 was the same.

Final business of the year

  • Berry told council he had been approached by Oma Rose Thorpe and Serge Abel Pilon who want to donate two lots to the city, property abutting the Transit Department on US 62. Council approved Resolution 742, which accepted the donation.
  • Larry Kenemore told council about what his company Stat-Med could do to help dispose of medications safely so they do not contaminate the environment.
  • James DeVito alerted council to the predicament at Eureka Springs Hospital where Allegiance, the company managing services there, is behind on its lease payments to the Hospital Commission and has not followed through on promises to build a new hospital or rehabilitate the current facility. He warned the city might find itself landlord of an empty facility.
  • Berry announced there are vacancies on Planning and CAPC.

Next meeting will be Monday, Jan. 14, at 6 p.m. There will be a budget workshop at 4 p.m., Tuesday, Jan. 8.