City Council

Cabot City Council - Work Session Meeting Veterans' Event Center – Council Chambers May 4, 2020 @ 6:30 p.m. CALL TO ORDER MUNICIPAL SERVICES COMMITTEE – CHAIRMAN, ED LONG 1. Animal Services Code Amendment (Chickens) 2. Public Works Community Input BUDGET & PERSONNEL COMMITTEE – CHAIRMAN, DOUG WARNER 1. Budget & Personnel Community Input POLICE & FIRE COMMITTEE – CHAIRMAN, DAMON BIVINS 1. MEMS/Cabot Interlocal Agreement 2. Police & Fire Community Input COMMUNITY DEVELOPMENT COMMITTEE – CHAIRMAN, KEVIN DAVIS 1. Community Development Input MILITARY AFFAIRS COMMITTEE – CHAIRMAN, RON WAYMACK 1. Military Affairs Input GENERAL COMMUNITY INPUT ADJOURNMENT This Page left Blank Municipal Services Sec. 4-27. - General penalties. (Change to add sec 4-172) Any person who fails to abide by article I, V, VI or VIII of this chapter or sections 4-23, 4-24, 4- 61 through 4-72 or 4-103 through 4-113, 4-172 shall be deemed guilty of a misdemeanor and upon conviction shall be fined the following: (1) First offense. Any sum not less than $100.00 minimum and a maximum of $1,000.00. (2) Second offense. Any sum not less than $250.00 minimum and a maximum of $1,000.00. (3) Third offense. Mandated judge appearance and a fine of not less than $500.00. Sec. 4-26. - Fee structure. (Changing current fee to $10 from $20 to allow to Public Works to charge their $10 permit fee for auxiliary buildings and keep citizen out of pocket at ) (i) Fowl permit fee. A fowl permit shall be $10.00 per year and shall be paid on or before July 1 of each year. Sec. 4-1. - Definitions. (ADD TO THIS SECTION) Chicken Tractor means a lightweight movable enclosure in which chickens can scratch the ground for food. REPLACE SEC. 4-172.- Keeping of Fowl Permit to keep fowl; investigation; fee a. It shall be unlawful for any person to own guineas, ducks, geese or other fowl in a residential district (as defined in City of Cabot, Arkansas Zoning Code). This section does not include fowl that are of a migratory species, wild by nature, or allowed through permit within this ordinance. b. It shall be unlawful for any person to keep chickens within the city without a permit from the Cabot Animal Services. c. The Director of Community Services and his authorized agents shall make an investigation to determine whether or not the person seeking a permit under this section has met all of the requirements of this section and all other health and sanitary ordinances of the city. d. Upon approval of the application for a permit under this section by the Animal Services Department, such approval shall be presented to the Community Services Director who shall issue the permit. The cost of the permit shall be $10 per year and shall be paid on or before July 1st of each year. e. Permits will be issued for a maximum of 6 adult chickens consisting of only females and 6 chicks of various genders. f. It shall be unlawful for any person to own, keep, or harbor Roosters within the corporate city limits. Pens, Enclosures, and sanitary requirements for Chickens; a. Where the keeping or maintaining of fowl is permitted under this article, it shall be unlawful to keep fowl in any enclosure in the front yard of a residence within the city. For the purpose of this section of this ordinance the front yard is described as any area forward of the front corners of the primary residential dwelling. b. Where the keeping or maintaining of fowl is permitted under this article, it shall be unlawful to maintain stationary coops, pens or enclosures where chickens are kept in an unsanitary manner or in such a condition that odors from such premises or enclosures are a nuisance to surrounding properties. Places so maintained are hereby declared to be unsanitary nuisances. c. Where the keeping or maintaining of fowl is permitted under this article, it shall be unlawful to maintain chicken tractors stationary more than 48 hours or as to where chickens are kept in an unsanitary manner or in such a condition that odors from such premises or enclosures are a nuisance to surrounding properties. Places so maintained are hereby declared to be unsanitary nuisances. d. Any person who has been authorized pursuant to this article to keep or maintain chickens shall clean the pens, coops or other enclosures where such fowl are kept each 24 hours, shall spray and disinfect such areas each third day, and shall remove and destroy all refuse, droppings, feathers or other matter cleaned from such pens, coops or enclosures. All droppings from such fowl shall not be left above ground upon any premises in the city for longer than 48 hours. Any person occupying, owning or having control of the premises where fowls are permitted to be kept shall collect and remove and carry away all such droppings and refuse each 48 hours. e. Each pen, coop or enclosure shall provide no less than 3 cubic feet of area per chicken. f. Each pen, coop or enclosure will be subject to all city zoning and building codes. This Page left Blank Police & Fire This Page left Blank  METROPOLITAN EMERGENCY MEDICAL SERVICES EXTENSION OF INTERLOCAL AGREEMENT BETWEEN THE CITIES OF LITTLE ROCK AND CABOT This Agreement is made and entered into as of the ____ day of _____________ 2020, by and between the cities of Little Rock, Arkansas (“Little Rock”) and Cabot, Arkansas (“Cabot”), cities of the first class. WITNESSETH: WHEREAS, Little Rock and Cabot entered into an interlocal agreement on or about June 20, 2005 for the purposes of enabling the Little Rock Ambulance Authority, d/b/a Metropolitan Emergency Medical Services, to provide emergency and non-emergency ambulance service to Cabot; WHEREAS, the aforesaid interlocal agreement was extended in three (3) year intervals on or about the following dates: January 2, 2008; July 18, 2011; July 25, 2014; and July 19, 2017; WHEREAS, the existing three (3) year extension of the interlocal agreement between the two cities for all ambulance services expires on or about July 18, 2020; and WHEREAS, the governing bodies of Little Rock and Cabot have agreed to a three (3) year extension of the agreement from July 19, 2020 to July 18, 2023; and NOW, THEREFORE, in consideration of the mutual covenants and agreements of Little Rock and Cabot and on the terms and conditions set out herein, it is agreed as follows: 1. TERM. The term of this Agreement shall extend from July 19, 2020 for a period of three (3) years, through July 19, 2023, subject to the continuing right of Little Rock and Cabot to modify, renew or extend the term by mutual agreement. Either party may terminate the agreement by giving ninety (90) days written notice. 1  2. EXCLUSIVE FRANCHISE. The City of Cabot has authorized by resolution a three (3) year extension of MEMS’ exclusive franchise to provide all ambulance service to the citizens of Cabot. 3. ORIGINAL INTERLOCAL AGREEMENT ADOPTED AND INCORPORATED BY REFERENCE TO GOVERN THE EXTENSION. The original interlocal agreement, dated July 18, 2005, is adopted and incorporated by reference herein as Exhibit A, sets forth the additional terms governing this agreement with the following modification. The original interlocal agreement read as follows: 8. FIRST RESPONDER PROGRAM. The Cabot Fire Department will first respond to all Code 1 and Code 2 emergencies. Should MEMS become aware of an emergency situation that did not come through Cabot 911 communications system, MEMS will advise Cabot 911 Communications. The amended provision shall read: 8. FIRST RESPONDER PROGRAM. The Cabot Fire Department will first respond to all Code 1 calls and to certain Code 2 calls as mutually agreed upon by MEMS and the Cabot Fire Department. Should MEMS become aware of an emergency situation that did not come through Cabot 911 communications stem, MEMS will advise Cabot 911 Communications. Executed this ____ day of _____________, 2020. 2 ATTEST: CITY OF LITTLE ROCK, ARKANSAS _____________________________ By: ___________________________________ Susan Langley, City Clerk Frank Scott, Jr., Mayor ATTEST: CITY OF CABOT, ARKANSAS ___________________________ By: ____________________________________ Tammy Yocom, City Clerk Ken Kincade, Mayor This Agreement acknowledged this ____ day of ___________, 2020. LITTLE ROCK AMBULANCE AUTHORITY By: ______________________________ Jennifer Pierce, Chair 3  10/22/2007 10:11 5013011401 MEMS PAGE 02/07 ' ., .:.'•!\, l>OCil 200509343 METROPOLITAN EMERGENCY MEDICAL SERVICES AGREEMENT THIS AGREEMENT is made by and between the CITY OF LiTTLpfL ED ARKANSAS ("Li.ttle Rock' and the CITY OF CABOT, ARKANSAS ("Cabot"), cities 1 ) of the first class. . . ~·. .. JUL 18 2005 WHEREAS, iri 1984)..ittle Rock established the Little Rock Ambulanffc~~};~.ftNJr~ Authority (the "Autho~ity") p~irsuant to Little Rock City Ordfoances Nol."i:4,51 l am1 14,574, and granted the Authority an exclusive franchise to establish and 011,.,aJf an emerg1;ncy life support ambulance system within the City of Little Rock; and ~ ~ c....C::::n W:8.EREAS, the Authority has established the Metropolitan EmexgencrMe~I ·4~ n~ - K~~ Services System {"MEMS") to provide emergency aJJd non emergency ambul@~ N ~ :z: Oj service to the City of Little Rock; and ~22 n, ,:i ii~ rt :I ~ WHEREAS, Cabot bas determined that it wishes to make available t~fe ":? ~' ~ (.,,) · ~ resideots of Cabot on a long term basis tb.e benefits and pi-ivileges provided tE?the "° residents of Little Rock by MEMS; and ,VHEREAS, Little Rock has agreed that it is in the best interests of Little Rock and the Auth.ority to contract with Cabot to extend the operation of MEMS under au exclusi.ve franchise arrangement to the residents of Cabot; and WHEREAS~ Little Rock and Cabot are each authorized pursuant to Ark. Code Ann. § 25-20-102 et.seq. to enter into Interlocal Cooperation Agreements; and WHEREAS, the Board of Directors of Little Rock and the City Council of Cabot by ordinance or reso)utio11 have authorized the mayors of Little Rock and Cabot to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements of Little Rock and Cabot and on the tenns and conditions set out herein, i.t is agreed as foUows: 1. TERM. The term of this Agreement shall extend from the date signed by the parties, for a period of three (3) years, subject to the continuing 1ight of Little Rock and Cabot to modif}\ renew o.r. extend the term by mutual agreement. At tbe end of the three (3) year period, if the interlocal agreement has not been formally extended by the respective governing bodjes, the interJocal agreement shall extend on a EXHIBIT A 10/22/2007 10:11 5013011401 MEMS PAGE 03/07 mon.th~to~montb. basis until .an approp1iate agreement is executed or another provider is selected, whichever occurs first. Ei.tber party may term.inate this agreement by giving ninety (90) da.ys written notice to the other. The Authotity sh.aJI have no right of assignment oftb.e franchise upon tetm.ination. 2. JOINT COMMISSION BOARD. The Mayor of Cabot sha.11 appoint one (1) person as a representative of the City of Cabot to serve with members from Little Rock, North Little Rock, Pulaski County, Maumelle, Lonoke, Sheridan, Gr.ant County on the existing Joint Emergency Medi.ca.ls Services Commission, (the "JEMSC). 3. POWERS OF THE COMMISSION. The Commissio:o. shall be authorized to over.see the operations of MEMS to ensure that, service is provided to Cabot in accordance with the tenns of thi.s Agreement, and Little Rock City Ordinance Nos. 14,511; 14,574; 17,255; and amendments thereto~ and Ca.bot City Code Ordin,u1.ce No. 26 of 2005, and amendments thereto. The Authority shall have the authority to execute such contracts and agreements as are necessary to implement the tenns ofthjs Agreement. Neither the Corn.mission nor the Authority is authorized to commit or expend funds of Little Rock or Cabot without first obtaining the approval of the respective City Board of Directors or City Council. The Commission, which is composed of members from alljurisdictions io. MEMS franchise area, shall coordinate operations with MEMS' entire franchise ate but shall have no fiscal authority or responsibility. 4. EXCLUSIVE FRANCIDSE. Cabot shall grant by ordinance to the Authority an exclusive franchise to provide all emergency and non-emergency ambulance setvice to the citizens of Cabot within the city limits of Cabot, as now existing or as modified during the te:r.m of this Agreement. The guidelines and requirements for such ambulance service to be:: provided by the Authority to Cabot shall be the same as outlined jo Little Rock City Ordinance Nos. 14.51 J.; J.4,574; and 17,255; and Cabot City Ordinan.ce No. 26 of 2005, and such futther amendments or changes to those Ordinances and Codes as may be made by Little Rock au.d Cabot during the term ofthis Agreeme.nt, subject only to the rest11ctions as provided in this Agreement. Cabot agrees to permit LRAA counsel to defend a breach of its franchise when notified to franchise viol~ti.ons by the LRAA or the Ci.ty of Little Rock, or both. Notice shall be sent to:  10/22/2007 10:11 5013011401 MEMS PAGE 04/07 , . Kenneth R. Williams Cabot City Attorney City of Cabot P.O. Box 1113 Cabot AR 72023 5. NONDISCRIMINATION. Little Rock agrees that so long as Cabot is in compliance with tbe provisions of thi.s Agreement, Little Rock shall not make changes to Little Rock City Ordinances No. 14,511; 14,574; and 17,255; or other. changes with regard to the operations of the Authority, which would cause the benefits and privileges provided by :MEMS to tbe citizens of Cabot to be less than the benefits and privileges provided by MEMS to the citizens of Little Rock. 6. PURPOSE. The purpose of this Agreement is to provide for the citizens of Cabot a licensed paramedic ambulance service system that can provide each ambulance patient in the City of Cabot with the best possible cha.u.ce of survival without disabihty or preventable complication. 7. OPERATIONS IN CABOT. Tbe Authority shall provide service to the citizens of Cabot as outlined in Little Rock City Ordinance Nos. 14,5111; 14,574; and 17,255; as amended and Cabot City Ordinance No. 26 of 2005, as am.e11ded except as subsequently provided: (a) From the effective date of this Agreement the Authority shall provide an eight minute (8:59) response tim.e to at least ninety percent (90%) of all Code 1. - life threatening emergencies and a twelve minute (12:59) response time to at lea.st ninety percent (90%) of all Code 2 - no:n.-life tlueatening emergencies. The Code level shall be determined by MEMS Dispatcb based upo:n standard protocols. The Authority shall submi.t to Cabot monthly response time reports to teflect that it is in compliance with this requireme11t. (b) The Authority and Cabot shall cooperate to provide sufficient personnel, equipment and resource 1na.nagement expertise to meet these response time standatds and to determine the appl'opriate stationing of such personnel and equipment i.n. the city limits of Cabot. Cabot 911. dispatch shall route ambulance requests to MEMS via a on.e-button transfer. 10/22/2007 10:11 5013011401 MEMS PAGE 05/07 (c) All. other provisions ofLittle Rock, Ark. Rev. Code. 14,511 aud l 7~255, as may be amended, cou.cem.ing staudards of production and performance shall be implemented by the Authority in Cabot. 8. FIRST RESPONDER PROGRAM. The Cabot Fire Depa1trnent will first respond to all Code 1 and Code 2 emergencies. S11ould MEMS become aware of an emergency situation that did not com.e through Cabot 911 communications system, MEMS will advise Cabot 911 Communications. 9. MEDICAL CONTROL. Cabot agrees that the Arkan~as Emer.geocy Physicians Foundation ("AEPF"), a private, non-profit corporation whjcb provides medical control fortbe Authority, will continue to provide medical control for operations of the Authority within the city limits of Cabot. The AEPF has extended its membership to include (two) (2) physicians from Cabot and Cabot shall continue to provide such support to AEPF as is necessat'y to enable AEPF to perform its duties under this Agreement. 10. RATES. The Authority shall charge for its services within the city limits of Cabot the same rates as are charged for comparable service~ witbin the city limits of Little Rock, to include subsequent rate chan.ges. Current rates for services shall be as follows until modified by the Authority: Paramedic Base Rate $ 455. 00 Plus cost of supplies used, if any. NonwEmergency Transport Rate $ 375.00 Plus cost of supplies used, if any Mileage Charge $ 8.50 per mile Response without treatment or transport $ 80.00 uninsured $ 70.00 with insurance Membership Annual Rate $ 60.00 with supplemental insurance 11. SUBSCRIPTION MEMBERSHIPS. The Authority shall make available to all of the citizens of Cabot its MEMS Alert subscription mentbership on the same tenns and conditions as are made available to the residents of Litt.le Rock. Specifically, the Authority, with the approval of Little Rock, will institute during the 10/22/2007 10:11 5013011401 MEMS PAGE EJ5/07 upcoming MEMS Alert enrollmen.t period a system of annual membership and such annual membership shall be made available to the citizens of both Little Rock and Cabot. Membership fees for the MEMS Alert programs as set forth below for the membership periods indicated with all fees subject to change in following years: Individual $ 50.00 Family $ 60.00 12. LI.MITED RIGHT TO PURCHASE EQUIPMENT. I11 the event that Little Rock or Cabot elects not to renew this Agreement at the end of the initial tenn, or any subse.quent renewal term thereafter, Little Rock and the Autbo1ity hereby grant to Cabot a right of first refusal to purchase the ambulance and onboard equipment stationed within the city limits of Cabot for cash equal to the highest amount offered for such equipment by an unrelated third party purchaser. Little Rock and the Authority reserve the right to retain such equ1pment and not offer it for sale. 13. SEVERABll.lTY. The provision.s of this Agreement are declared to be severable. If any provision hereof shall be held to be invalid or to be inapplicable to any person or circmnstance, such holding sbalJ not affect the validity or applicability of the remainder hereof. 14. APPROVALS. This Agreement shall not be effective until such time as it has received alt approvals as required by Ark. Code Ann. § 25-20-105. 15. OVERSIGHT AND REPORTING. MEMS will pr.ovide to the cities of Little Rock and Cabot an arumal report in March or April of each year. Such report V\rjll contain data on compliance time and runs mode, as well as a balance sheet showing J\f.EMS fi:n.a.nd.a.T information. MEMS will, at the request of the cities, appear before the respective goveml:ng bodies to discuss the report..'{ and answer questions. EXECUTED this _fr" A /l ~ ,.,-,fMa , _ day o f ~ 2005. 10/22/2007 10:11 5013011401 MEMS PAGE 07/07 CITY OF LJTTI,E ROCK, ARKANSAS By: fA' ~~---1 -· ~~~ ATTEST: ATIEST: U; °"4JJll City Clerk This Agreement is acknowledged t h e ~ day of ~ , 2005. Ambulance Authority CERTIFICATE OF RECORD DOClt 200509343 67/14/2085 &3lc5;51 Ptl Filed &Reco'l'ded in Official Records of LOr«lkE COUNTY DEBORAH DGLESBY~RCUIT CLERK ~es '23.08 .J,/A)/81_,, D.C.