HomeMy WebLinkAboutORDINANCE 6101113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6101
File Number: 2018-0516
REPEAL ARTICLE XXVIII CITY BOARD OF HEALTH:
AN ORDINANCE TO REPEAL ARTICLE XXVIII CITY BOARD OF HEALTH IN CHAPTER 33
DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CITY
CODE
WHEREAS, the Washington County Health Unit and Washington County Health Officer have duties
and responsibilities similar to the City Board of Health and a duplication of efforts could lead to
conflicting consequences in the event of an epidemic outbreak; and
WHEREAS, the City Board of Health, which is optional under state law, has not had any agenda items for
over a year.
NOW THREFORE, 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 Article XXVIII
City Board of Health in Chapter 33 Departments, Boards, Commission and Authorities of the
Fayetteville City Code and abolishes the City Board of Health.
PASSED and APPROVED on 10/16/2018
Attest:
Lisa Branson, Deputy City-k;� �� •; A. �+
U.
�iN ti
Page 1 Printed on 10/17/18
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
1
(479) 575-8323
i' Text File
File Number: 2018-0516
Agenda Date: 10/16/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 2
REPEAL ARTICLE XXVIII CITY BOARD OF HEALTH:
AN ORDINANCE TO REPEAL ARTICLE XXVIII CITY BOARD OF HEALTH IN CHAPTER 33
DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE
CITY CODE
WHEREAS, the Washington County Health Unit and Washington County Health Officer have duties and
responsibilities similar to the City Board of Health and a duplication of efforts could lead to conflicting
consequences in the event of an epidemic outbreak; and
WHEREAS, the City Board of Health, which is optional under state law, has not had any agenda items for
over a year.
NOW THREFORE, 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 Article XXVIII City
Board of Health in Chapter 33 Departments, Boards, Commission and Authorities of the Fayetteville
City Code and abolishes the City Board of Health.
City of Fayetteville, Arkansas Page 1 Printed on 10/1712018
David Dayringer
Submitted By
City of Fayetteville Staff Review Form
2018-0516
Legistar File ID
10/2/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/14/2018 FIRE (300)
Submitted Date Division-/ Department
Action Recommendation:
Staff recommends the City Council Repeal Article 28 City Board of Health in Chapter 33 Departments, Boards,
Commissions and Authorities of the Fayetteville Code and abolish the City Board of Health.
Original Contract Number:
Comments:
Budget Impact:
Account Number
T
Fund - - -
Project Number
Project Title
Budgeted Item? NA
Current Budget
$ -
Funds Obligated
$ -
Current Balance
_.............. -............ _____ ....... .- - -
$ -
Does item have a cost? NA
Item Cost
Budget Adjustment Attached? NA
Budget Adjustment
Remaining Budget
$ -
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Purchase Order Number:
Previous Ordinance or Resolution #
Change Order Number:
Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYET"TEVILLE
ARKANSAS
MEETING OF 10-2-18
TO: Mayor and City Council
FROM: David Dayringer
DATE: 9-13-2018
SUBJECT: Repeal Article XXXVIII City Board of Health
CITY COUNCIL. MEMO:
RECOMMENDATION:
Staff recommends the City Council Repeal Article 28 City Board of Health in Chapter 33
Departments, Boards, Commissions and Authorities of the Fayetteville Code and abolish the
City Board of Health.
BACKGROUND:
The City Board of Health and City Health Officer were originally required pursuant to A.C.A.
§14-262-102 and A.C.A. §14-262-103. The City Board of Health was first created by Resolution
No. 02-03 on January 7, 2003. Just after the passage of our ordinance, the Arkansas General
Assembly made the creation of such a board optional rather than mandatory. Board of Health
was later codified by the City Council by Ordinance 5797 on September 15, 2015.
DISCUSSION:
There is currently a Washington County Health Unit and a County Health Officer with similar
duties and responsibilities as the City Board of Health and City Health Officer. This is a
duplication of effort and could possibly have conflicting consequences in the event of an
epidemic outbreak.
In addition, the County Health Unit has a full-time Administrator and staff to monitor and act on
public health issues. They are continually on alert to address public issues. The City Board of
Health has not had any agenda items for over a year.
One advantage of having a City Board of Health is that the jurisdiction of the Board extends one
mile beyond the city limits. Without the Board, the City may have some difficulty in the future
regulating or abating nuisances within that area of extended jurisdiction.
BUDGET/STAFF IMPACT:
There will be no budget impact.
Attachments:
Comments from two Board of Health Members regarding this issue.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Dayringer, David
From: Shana Kasparek <steelers200608@att.net>
Sent: Thursday, August 30, 2018 1:58 PM
To: Dayringer, David
Subject: Re: Comments
Chief,
It has been a pleasure serving on the City Board of Health over the past 4 years. If the council decides that it should continue, I will be
happy to remain on the Board. We have not had any projects or (thank goodness) emergencies since I have been serving, so unless
Council sees a need for the committee to remain, I agree that we do not have much to do!
Shana Kasparek
From: "Dayringer, David" <ddayringer@fayetteville-ar.gov>
To: "David Crittenden (dcritt16@gmail. com)" <dcrittl6@gmail.com>; "Don Moore (dondonm@aol.com)"
<dondonm@aol.com>; Dr. Robert Patton <rcpattonsr@gmail.com>; Mayor <Mayor@fayetteville-ar.gov>; Rick Johnson
<emersoncat@sbcg lobal. net>; "Shana Kasparek (steelers200608@att.net)" <steelers200608@att.net>
Cc: "Pennington, Blake" <bpennington@fayetteville-ar.gov>
Sent: Wednesday, August 29, 2018 5:00 PM
Subject: Comments
Members,
We did not have a quorum to hold a meeting today. Dr. Crittenden has recommended we begin using
the County Health Unit and the County Health Officer and abolish the City Board of Health. They
have a full time staff and we are a duplication of effort. Their duties and responsibilities are very
similar.
As Staff for the Board I will prepare the recommendation to the City Council. Please send any
comments you have regarding this issue to me so I can include them in the packet for the City
Council to review.
Thank yov,
David C. Dayringer
Fire Chief
City of Fayetteville, Arkansas 72701
479.575.8365
ddayrin er. fa ettevil!e-ar. ov
FAYETTEVILLE FIRE DEPARTMENT
Website I Facebook I Twitter I
Dayringer, David
am
From:
Robert Patton <rcpattonsr@gmail.com>
Sent:
Wednesday, August 29, 2018 7:01 PM
To:
Dayringer, David
Subject:
Re: Comments
Attachments:
image003 jpg
I agree, Chief.
On Wed. Aug 29, 2018 at 5:00 PM Dayringer, David cwrote:
El-=-
Members,
We did not have a quorum to hold a meeting today. Dr. Crittenden has recommended we begin using the
County Health Unit and the County Health Officer and abolish the City Board of Health. They have a full time
staff and we are a duplication of effort. Their duties and responsibilities are very similar.
As Staff for the Board I will prepare the recommendation to the City Council. Please send any comments you
have regarding this issue to me so I can include them in the packet for the City Council to review.
Thank you.
David C. Dayringer
Fire Chief
City of Fayetteville, Arkansas 72701
479.575.8365
dda rin er Fa eUbville-ar. ov
FAYETTEVILLE FIRE DEPARTMENT
Website I Facebaok I Twitter
RECEIVED
NOV 0 6 2018
CITY NRm ESTARKANSAS IY OF FAYETTEVILLE F
Democrat Orautte
vll J7 AXE i7�� �:n� 'IB nf� , t:,.?'•1
AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County 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. 6101
Was inserted in the Regular Edition on:
October 25, 2018
Publication Charges: $ 70.20
Cathy Wiles
Subscribed and sworn to before me
This 13t" day of Aro✓ , 2018.
Notary Public
My Commission Expires: 3-16.25
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
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Ordinance: 6101
File Number: 2018-0516
REPEAL ARTICLE XXVIII CITY BOARD OF
HEALTH:
AN ORDINANCE TO REPEAL ARTICLE
XXVIII CITY BOARD OF HEALTH IN
CHAPTER 33 DEPARTMENTS, BOARDS,
COMMISSIONS AND AUTHORITIES OF
THE FAYETTEVILLE CITY CODE
WHEREAS, the Washington County Health
Unit and Washington Courtly Health Officer
have duties and responsibilities similar to the
City Board of Health and a duplication ofefforts
could lead to conflicting consequences in the
event ol'an epidemic outbreak; and
WHEREAS, the City Board of Health, which is
optional under state law, has not had any agenda
items for over a year.
NOW THREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I That the City Council of the City of
Fayetteville, Arkansas hereby repeals Article
XXVIII City Board of Health in Chapter 33
Departments, Boards, Commission and
Authorities of the Fayetteville City Code and
abolishes [lie City Board of Health.
PASSED and APPROVED on 10/16/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
74720397 Oct 25, 2018