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Home My WebLink AboutORDINANCE 5959113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5959 File Number: 2017-0164 ENACT ARTICLE XXX ANIMAL SERVICES ADVISORY BOARD: AN ORDINANCE TO ENACT ARTICLE XXX ANIMAL SERVICES ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE, AND TO DECLARE AN EMERGENCY WHEREAS, the Animal Services Advisory Board was first created by Resolution No. 81-09 on April 7, 2009, and later amended by Resolution Nos. 200-12 and 128-13, but the current provisions have never been codified; and WHEREAS, the City Council should have some flexibility with respect to the position currently required to be filled by a licensed veterinarian to select another appropriately qualified person with veterinary experience when a licensed veterinarian has not applied. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals Resolution Nos. 81- 09, 200-12 and 128-13. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts Article XXX Animal Services Advisory Board in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: 33.420 Purpose The Animal Services Advisory Board shall act in an advisory capacity to the Animal Services Superintendent, the Mayor, and the City Council on all policy matters pertaining to Animal Services Division activities, and work to stimulate and encourage communication with all members of the community to ensure that the programs, goals, and objectives of the Animal Services Program are Page 1 Printed on 3123/17 Ordinance: 5959 File Number: 2017-0164 consistent with community needs and desires. 33.421 Composition; Terms The Animal Services Advisory Board shall consist of eight members, consisting of the following: (A) One City Council member; (B) One licensed veterinarian; however, if no licensed veterinarian applies for the position, the City Council may appoint another qualified veterinary professional; (C) One owner, operator, or employee of a business related to the production, sale, distribution, or care of animals or livestock; (D) Five residents of the City of Fayetteville, who need not have any other affiliation, membership or association. The City Council member shall be appointed by the Mayor and shall serve until replaced. All other members shall serve for a term of three years. Appointments shall be staggered. Members of the Animal Services Advisory Board serving at the time of the adoption of this ordinance shall continue to serve their terms (or a shortened term) without needing to be reappointed by the Nominating Committee due to enactment of this ordinance. 33.422 Conduct of Meetings The Animal Services Advisory Board may promulgate rules helpful for the conduct of committee meetings and other business. 33.423-33.499 Reserved Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay so that the City Council is able to appoint a qualified veterinary professional to this Board, which is necessary for the health and safety of Fayetteville citizens. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on 3/21/2017 Page 2 Printed on 3123117 Ordinance: 5959 File Number., 2017-0164 Approved: Attest: 1. - , Z. '-C - -, P. - M. Sondra E. Smith, City Clerk Treasurer 1�j%►taM11111.,�i �(Z,li Y 0"� -:6 y � • •�r r ; FAYETTEVILLE* r7• i/V. +ilFt3Ny" Page 3 Printed on 3123117 Agenda Date: 3/21/2017 In Control: City Council Meeting Version: 1 ENACT ARTICLE XXX ANIMAL SERVICES ADVISORY BOARD: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO ENACT ARTICLE XXX ANIMAL SERVICES ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE, AND TO DECLARE AN EMERGENCY WHEREAS, the Animal Services Advisory Board was first created by Resolution No. 81-09 on April 7, 2009, and later amended by Resolution Nos. 200-12 and 128-13, but the current provisions have never been codified; and WHEREAS, the City Council should have some flexibility with respect to the position currently required to be filled by a licensed veterinarian to select another appropriately qualified person with veterinary experience when a licensed veterinarian has not applied. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby repeals Resolution Nos. 81-09, 200-12 and 128-13. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts Article XXX Animal Services Advisory Board in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: 33.420 Purpose The Animal Services Advisory Board shall act in an advisory capacity to the Animal Services Superintendent, the Mayor, and the City Council on all policy matters pertaining to Animal Services Division activities, and work to stimulate and encourage communication with all members of the community to ensure that the programs, goals, and objectives of the Animal Services Program are consistent with community needs and desires. 33.421 Composition; Terms The Animal Services Advisory Board shall consist of eight members, consisting of the following: (A) One City Council member; City of Fayetteville, Arkansas Page 1 Printed on 3/29/2017 File Number.' 2017-0164 (B) One licensed veterinarian; however, if no licensed veterinarian applies for the position, the City Council may appoint another qualified veterinary professional; (C) One owner, operator, or employee of a business related to the production, sale, distribution, or care of animals or livestock; (D) Five residents of the City of Fayetteville, who need not have any other affiliation, membership or association. The City Council member shall be appointed by the Mayor and shall serve until replaced. All other members shall serve for a term of three years. Appointments shall be staggered. Members of the Animal Services Advisory Board serving at the time of the adoption of this ordinance shall continue to serve their terms (or a shortened term) without needing to be reappointed by the Nominating Committee due to enactment of this ordinance. 33.422 Conduct of Meetings The Animal Services Advisory Board may promulgate rules helpful for the conduct of committee meetings and other business. 33.423-33.499 Reserved Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay so that the City Council is able to appoint a qualified veterinary professional to this Board, which is necessary for the health and safety of Fayetteville citizens. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. City of Fayetteville, Arkansas Page 2 Printed on 3/29/2017 (�ZW i a,('- �-4 3 -.:2 !-1 Z 0'4 CAS 1,,,, , Legistar ID No.: -WI - 0l U AGENDA REQUEST FORM FOR: Council Meeting of March 21, 2017 FROM: City Council Member Mark Kinion ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO ENACT ARTICLE XXIX ANIMAL SERVICES ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE APPROVED FOWAGENDA: k Kinion Asst. City Attorney Blake Pennington Date Date ORDINANCE NO. AN ORDINANCE TO ENACT ARTICLE XXIX ANIMAL SERVICES ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE, AND TO DECLARE AN EMERGENCY WHEREAS, the Animal Services Advisory Board was first created by Resolution No. 81-09 on April 7, 2009, and later amended by Resolution Nos. 200-12 and 128-13, but the current provisions have never been codified; and WHEREAS, the City Council should have some flexibility with respect to the position currently required to be filled by a licensed veterinarian to select another appropriately qualified person with veterinary experience when a licensed veterinarian has not applied. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals Resolution Nos. 81709, 200-12 and 128-13. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts Article XXIX Animal Services Advisory Board in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: 33.420 Purpose The Animal Services Advisory Board shall act in an advisory capacity to the Animal Services Superintendent, the Mayor, and the City Council on all policy matters pertaining to Animal Services Division activities, and work to stimulate and encourage Communication with all members of the community to ensure that the programs, goals, and objectives of the Animal Services Program are consistent with community needs and desires. 33.421 Composition; Terms The Animal Services Advisory Board shall consist of eight members, consisting of the following: (A) One City Council member; (B) One licensed veterinarian; however, if no licensed veterinarian applies for the position, the City Council may appoint another qualified veterinary professional; (C) One owner, operator, or employee of a business related to the production, sale, distribution, or care of animals or livestock; (D) Five residents of the City of Fayetteville, who need have any other affiliation, membership or association. The City Council member shall be appointed by the Mayor and shall serve until replaced. All other members shall serve for a term of three years. Appointments shall be staggered. Members of the Animal Services Advisory Board serving at the time of the adoption of this ordinance shall continue to serve their terms (or a shortened term) without needing to be reappointed by the Nominating Committee due to enactment of this ordinance. 33.422 Conduct of Meetings The Animal Services Advisory Board may promulgate rules helpful for the conduct of committee meetings and other business. 33.423-33.429 Reserved Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay so that the City Council is able to appoint a qualified veterinary professional to this Board, which is necessary for the health and safety of Fayetteville citizens. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED this APPROVED: LIN LIONELD JORDAN, Mayor day of _ _ ..2017. ATTEST: By: SONDRA E. SMITH, City Clerk -Treasurer [a Legistar ID No.: ?sal I - 01 In q AGENDA REQUEST FORM FOR: Council Meeting of March 21, 2017 FROM: City Council Member Mark Kinion ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO ENACT ARTICLE XXIX ANIMAL SERVICES ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE APPROVED Cl GENDA: d 1 � k Kinion Asst. City Attorney Blake Pennington Data 3/, y ([I -- Date Pennington, Blake From: Kinion, Mark Sent: Thursday, March 09, 2017 1:06 PM To: Pennington, Blake Cc: Branson, Lisa Subject: Re: To interview Blake, This looks good. Thanks, Mark Kinion Chairman Nominating Committee > On Mar 9, 2017, at 11:28 AM, Pennington, Blake <bpennington@fayetteville-ar.gov> wrote: > Mark, > Attached is a draft ordinance for your consideration that will codify the ASAB and also provide you with more flexibility in selecting the veterinary professional. Please let me know if you think any changes need to be made. You can sponsor it or we can bring it to City Council through the regular staff process. Your option. > Thanks, > Blake > Blake E. Pennington > Assistant City Attorney > Tele: (479) 575-8313 > bpennington@fayetteville-ar.gov > -----Original Message----- > From: Branson, Lisa > Sent: Thursday, March 09, 2017 8:40 AM > To: Kinion, Mark <ward2_posl@fayetteville-ar.gov> > Cc: Pennington, Blake <bpennington@fayetteville-ar.gov>; Branson, Lisa <Ibranson@fayetteville-ar.gov> > Subject: FW: To interview > Mark, > I contacted Blake this morning to see there had been any discussion regarding the Animal Services appointment yet, wasn't sure if you had spoke with them yesterday or not. I wanted to add the Nominating Committee Report to the agenda but decided to wait until this is resolved. I will add to the final agenda. Please see Blake's email below. > From: Pennington, Blake > Sent: Thursday, March 09, 2017 8:26 AM 1 > To: Branson, Lisa <Ibranson@fayetteville-ar.gov> 1 > Subject: Animal Services > Will you please forward Mark's email to me and a copy of this person's application/resume if available? The resolution that created the board requires a licensed veterinarian; neither the City Council's standing rules nor Section 33.329- 33.331 allow an applicant who does not meet the requirement to fill that position. A person who is not a licensed veterinarian would fit within the second category of "owner, operator or employee of a business related to the production, sale, distribution or care of animals or livestock." > I will go ahead and draft a proposed ordinance for Mark to consider sponsoring that will add the ASAB to the City Code and provide some more flexibility for the veterinary position. > Blake E. Pennington > Assistant City Attorney > 113 W. Mountain St., Suite 302 > Fayetteville, Arkansas 72701 > Telephone: (479) 575-8313 > bpennington@fayetteville-ar.gov > -----Original Message----- > From: Kinion, Mark > Sent: Monday, March 06, 2017 8:27, AM > To: Branson, Lisa <Ibranson@fayetteville-ar.gov> > Subject: Re: To interview > Nicole is an animal nurse practitioner so interview to see if she is eligible. I will then talk to Kit to see if she is eligible if we want to move forward in that direction. > Thanks, > Mark >> On Mar 6, 2017, at 7:40 AM, Branson, Lisa <Ibranson@fayetteville-ar.gov> wrote: >> Mark, >> As a reminder, Catherine Donnelly was appointed last quarter to fill the "Vet" position but is not a vet. Per conversation with you, it was decided she will move over and fill the open citizen at large position automatically this quarter. We did not receive any applications to fill the "Vet position this quarter. Do you still want to interview Nicole Pratt? >> Lisa >> Office of the City Clerk Treasurer >> Lisa Branson CAMC, CMC >> Deputy City Clerk >> 113 W. Mountain Street, Suite 308 >> Fayetteville, AR 72701 >> 479.575.8323 >> Ibranson@fayetteville-ar.gov > <ORD CODIFYING ANIMAL SERVICES ADVISORY BOARD.docx> OFFICE OF THE CITY ATTORNEY TO: CC: FROM: DATE: RE: DEPARTMENTAL CORRESPONDENCE Sondra Smith, City Clerk Kit Williams, City Attorney Blake Pennington, Assistant City Attorney March 29, 2017 Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal Scrivener's Error in Ordinance 5959 - Animal Services Advisory Board Kim called this morning to tell me she caught an error in the numbering of the article in the ordinance I drafted codifying the Animal Services Advisory Board. The ordinance references Article XXIX which is already used by the Civil Rights Commission. Therefore, I have corrected the text file in Legistar to renumber this to Article XXX. I also changed the "Reserved" section number by extending it to 33.499 rather than 33.429 to be consistent with previous practice. This renumbering means that Legistar Item 2017-0176, which was sponsored by Kit to codify the City Council Equipment Committee and allow a ward representative to fill in on a committee in the absence of the appointed member representing that ward, will need to be renumbered to Articles XXXI and XXXII. RECEIVED NORTHWEST ARKANSAS APR 0 3 2017 Democrat ' H, � oazette CCITY CLER S OFFICE ->_ 60'. =.rF =c. 1' .C<. x AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat- Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. No 5959 Was inserted in the Regular Edition on: March 30, 2017 Publication Charges $201.50 q/JaA::_1n_ Karn Caler Subscribed and sworn to before me This -JL> day of)40 , 2017. &Z U, I A j�4 Notary Public My Commission Expires: 4IZ" **NOTE** Please do not pay from Affidavit Invoice will be sent. Ordinance: 5959 File Number: 2017-0164 ENACT ARTICLE XXX ANIMAL SERVICES ADVISORY BOARD: AN ORDINANCE TO ENACT ARTICLE XXX ANIMAL SERVICES ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE, AND TO DECLARE AN EMERGENCY WHEREAS, the Animal Services Advisory Board was first created by Resolution No. 81-09 on April 7, 2009, and later amended by Resolution Nos. 200-12 and 128-13, but the current provisions have never been codified; and WHEREAS, the City Council should have some flexibility with respect to the position currently required to be filled by a licensed veterinarian to select another appropriately qualified person with veterinary experience when a licensed veterinarian has not applied. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals Resolution Nos. 81-09, 200-12 and 128-13. Section 2: That the City Council ofthe City of Fayetteville, Arkansas hereby enacts Article XXX Animal Services Advisory Board in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: 33.420 Purpose The Animal Services Advisory Board shall act in an advisory capacity to the Animal Services Superintendent, the Mayor, and the City Council on all policy matters pertaining to Animal Services Division activities, and work to stimulate and encourage communication with all members of the community to ensure that the programs, goals, and objectives of the Animal Services Program are consistent with community needs and desires. 33.421 Composition; Terms The Animal Services Advisory Board shall consist of eight members, consisting of the following: (A) One City Council member; (B) One licensed veterinarian; however, if no licensed veterinarian applies for the position, the City Council may appoint another qualified veterinary professional; (C) One owner, operator, or employee of a business related to the production, sale, distribution, or care of animals or livestock; (D) Five residents of the City of Fayetteville, who need not have any other affiliation, membership or association. The City Council member shall be appointed by the Mayor and shall serve until replaced. All other members shall serve for a tenn of three years. Appointments shall be staggered. Members of the Animal Services Advisory Board serving at the time of the adoption of this ordinance shall continue to serve their terms (or a shortened term) without needing to be reappointed by the Nominating Committee due to enactment of this ordinance. 33.422 Conduct of Meetings The Animal Services Advisory Board may promulgate rules helpfid for the conduct of committee meetings and other business. 33.423-33.499 Reserved Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay so that the City Council is able to appoint a qualified veterinary professional to this Board, which is necessary for the health and safety of Fayetteville citizens. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on 3/21/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74078085 March 30, 2017