GARFIELD -- Missing half of its members did not deter the City Council from conducting city business Tuesday, Dec. 8, at its regular monthly meeting.
"You have to have a majority to have a quorum," Mayor Gary Blackburn said, "and the mayor counts. So, we can have a meeting."
Blackburn said that as mayor, according to state law, he can "only vote to pass" items.
Council members Malania Carter and Bill Matthew Jr. were present; council members Dale Watkins and Katherine Shook were absent.
Before addressing the regular items of business, Blackburn asked state Representative Grant Hodges to speak as he presented a check.
"I appreciate the recognition ... it's not my money, it's taxpayer money, it's your money," Hodges said. "I give credit to the mayor and the council who took the time to follow up on it. I appreciate that. It's hard work in Little Rock.
"It's a pleasure to represent y'all," Hodges said.
Two residents complained about the absence of the city attorney, with one lady stating that she had called Howard Slinkard's office and not received a return call.
The city approved hiring Nick Corcoran of Slinkard's office. Corcoran said his attendance at council meetings was free of charge.
Clarence Weaver spoke to the council thanking them for their work and asking for help with Mountain Drive. He said that he has "been dumping thousands of dollars on it for about 10 years," believing it was a private road. He said that a garbage truck has severely damaged the road and his driveway. The mayor said he'd look into it.
The city's new code enforcement officer, Zanny Morrison, asked the city about providing a grace period for businesses in the city to meet city code regarding the fencing of trash dumpsters. Morrison said the city's ordinance requires the dumpsters (not trash cans) to be blocked from public view and that "all are in violation." Morrison asked to be allowed to give a 90-day grace period to meet the code.
The mayor told council members they needed to give Morrison a waiver. Carter said the ordinance did not state a time limit on bringing a violation up to standard and she did not want to provide a waiver that was not needed.
"The ordinance requires all dumpsters to be blocked from view of the public. All are in violation ... even NEBCO," Morrison said. "I'd like to give a 90-day grace period ... they can apply for a permit. So not anybody would feel like they're being picked on."
"I'd recommend he continue with his code enforcement duties; I agree with his recommendation," Carter said.
"He has no authority to deviate," Blackburn said.
"There is no time mentioned," Carter said.
The mayor said: "Only the council can give him the permission to deviate from the ordinance. It states it has to be done when it is installed ... that's day one. That's never been done. Either go out and say you're all in violation or the legislative body can say we failed to address that issue, we can go out and rewrite."
"Every time we have a code violation, every one is given a notice," Carter said, referring to a previous code violation where the former city employee gave a 30-day notice to meet code. "So, when someone is out of compliance we say fix now? No, we give notice. Do they have to have it done that day? The way that you're wording it is that it has to be done right now."
Carter referred to the city telling someone the grass is too long and must be cut but doesn't require it be done that day.
Blackburn said: "He has some flexibility ... he's trying to use a little bit of common sense. Grass cutting and a fence around a dumpster are two different things ... All laws are the same to me ... "
"If we're giving him leeway to determine time, doesn't this fall in the same realm? Isn't this the same thing?" Carter asked.
Mayor: "I don't know; I'll make a mayoral decision, you do nothing, it's an issue that has been neglected by the council and I'm not going to be one ... dereliction."
As an aside, Carter noted Blackburn was part of the council for several years, too.
"We've never had a code enforcement official in the last three years," Blackburn said. "Zanny, I appreciate your interest and appreciate everything you've done. For the time being, don't send out those certified letters on those fences."
General News on 12/16/2015