Evans questions staff competency in Public Works


During the meeting of the Henderson City Council’s Public Works Committee, Henderson City Council member Mary Emma Evans questioned City staff’s ability to handle matters of code enforcement.

Evans’ remarks stemmed from a discussion of a list of Council concerns from Council “ride-arounds” that dates from February 26 to July 17 of this year.

Specifically, Public Works Committee member Elissa Yount inquired as to the status of #15 on the list, the Quick Fix repair business located at the intersection of Williams and Nicholas Streets. Yount noted that the code compliance problems had been going on with that business for two years.

Planning and Community Development Director Erris Dunston was brought into the meeting to explain the situation to committee members Ranger Wilkerson and Yount. Also present were Henderson Council member Lynn Harper, City Manager Jerry Moss, Public Works Director Linda Leyen, City Engineer Frank Frazier, and Assistant City Manager Mark Warren.

Henderson City Council member Lonnie Davis, the committee’s third member, came into the meeting near the end of the discussion.

Dunston told members that she was trying to get the business owner into court. She said that the owner had failed to appear after his trial was continued and that a warrant had been issued for his arrest. She told those present that she had asked Henderson Police Chief Keith Sidwell for his assistance in trying to get the man arrested.

The Director said that the owner “cleans up before court and after court [the appliances] are all back out”.

Harper stated that City departments [Code Compliance and the Police Department] need to work together.

Evans asked if Quick Fix had a permit. Dunston responded that the business has no permits.

Yount stated that the City was failing its citizens.

Dunston reminded members that the first complaint had been made in March of 2005. She also said that the Quick Fix case was the first one she had done “like this”.

“People don’t respond to letters,” Dunston said.

Moss told her that he would take care of having the police involved.

Evans asserted that the City Council was doing the job that City staff should be doing.

“We set policy,” Evans said.

Harper said that “our” concern was the neighborhood. She said that businesses are located in that area trying to operate in a legitimate manner.

“Our job is to facilitate when staff runs into bottlenecks,” Harper stated.

Yount mentioned that many communities have an environmental court where such cases are heard exclusively. She said that she would like to ask the District Attorney to set one up. Dunston endorsed the idea.

Moss added to the discussion that it was difficult for the City to obtain satisfaction in court. He said that even when judgments were obtained against violators, the court did not enforce them.

After a discussion ensued regarding an open storm drain on private property, Evans then asked, “Can our city manager and staff handle this? Do we have to keep going behind you like children?”

Moss expressed that he and his staff could handle code enforcement.

Wilkerson stated that if he were the City Manager, that he would be “thrilled” that the Council brought matters to his attention.

The committee also discussed the street resurfacing “ride-around”. Members are slated to look at primary and alternate candidates for resurfacing. There was a discussion about bidding asphalt and paving separately, but City Engineer Frank Frazier informed members that the paver acquires the asphalt.

Yount expressed a concern that buffers be used around sewers. She also asked Frazier to make sure that the granite curbing is protected.