Fiber optic line work leaves resident vexed; others with similar problems encouraged to reach out

By Andrea Bruner, White River Now

With Myers Street closed starting this week, many people traveling to Batesville High School have traveled down Dogwood – only to be met with utility work in that area, too.

City officials weren’t told about the work before it began, however, but Tuesday night, council members got a report from one of the residents in the Bryant Woodland Heights addition.

Jennifer Dempsey came before the city council to discuss the utility work under way.

“AT&T is laying fiber optic in the neighborhood. They’re making a mess, and they’ve made a mess of my yard,” said Dempsey, who lives on Moss Street, which intersects with Juniper, Shade Tree and Timberland.

The work has been contracted out by a company called SDT, but according to Dempsey, the company broke a pipe and caused sewer backup in her home three different times. She shared photos of a trench dug across her front yard as well as a hydraulic breaker (an attachment used on excavators) that she said was used in her yard for a day and a half to bust rocks.

“I talked to AT&T and they sent me to SDT. They’ve been gruff and rude,” Dempsey said, adding that although SDT did fix one pipe and she has several text messages and voice recordings stating otherwise, “They said it was not their fault whatsoever.”

Dempsey said there was a sewer pipe replaced two years ago, and she made sure to point it out to the crew, but the next day it was busted. She said they replaced one pipe, but a plumbing company told her the rest is structurally comprised and that she could need up to 60 feet of pipe replaced.

Public Works Engineer Damon Johnson said the city does not have much authority over the work. “Utilities are allowed to place their lines in public owned lands.”

“This contractor got in and got rolling without us knowing about it. We’ve forced (other crews) to put up a bond in the past but it’s not been effective,” Johnson said.

Alderman Lackey Moody Jr. said the crew has equipment “all over” the neighborhood, “tearing up yards” and parked on both sides of the street.

Alderman Robb Roberts asked why the bond has not been effective in the past.

Johnson replied, “We got zero notification. Nobody tells us when they’re coming or where they’re working. … Until there’s a problem we might not even know they’re there. … Some of the problem, too, is us (the city) having staff to chase them … run that down.”

Johnson said he would encourage citizens to persist if their property has been damaged because some contractors know that if they make it “difficult” to seek recourse, many people will “give up” after a while.

“If more people call, maybe it will get their attention,” Johnson said.

Alderman Scott Fredricks asked if any permits are required, and Johnson said he would have to check. He said there is an ordinance if a road crossing or street cut is required, “but it doesn’t quite manage these contractors that come in and run lines all over the place. Maybe we need to look at that more and see what other municipalities have done.”

“It is our right of way,” and Johnson agreed, saying, “We ought to be able to regulate it.”

Johnson gave an update on other projects around the city, noting that the work on the 20th/Myers Street roundabout and the widening of Myers has begun. In fact, crews have found multiple AT&T lines in the area, and Johnson said he would be meeting with them Wednesday but he would also be discussing Dempsey’s concerns, as well.

“If utilities don’t hinder progress, the roadway should open fall or early winter,” Johnson said. “When people learn to use the roundabout, we shouldn’t see stacks of traffic.”

Progress also continues on the new water treatment plant construction as well as the nearby parks expansion project, which will have a groundbreaking ceremony at 10 a.m. June 26.

In other business Tuesday night:

–Police Chief John Scarbrough said the overall number of calls was down in May, although the department recently finished the “Click It or Ticket” campaign, which saw 65 citations and warnings.

He did say that the video camera footage has been instrumental in helping police work recently. For instance, there was a break-in at T-Mobile and in a separate incident, a patrol car was hit by another car. Using license plate readers and camera footage, the police department was able to locate suspects in each incident.

The police department recorded the following: 1,234 calls for service (compared to 1,323 in April, 1,101 in March and 1,114 in February), 38 accidents (53 in April, 49 in March and 48 in February), 25 arrests (34 in April, 26 in March and 27 in February), 45 incident reports (65 in April, 55 in March and 52 in February), 174 citations (209 in April, 148 in March and 174 in February) and 222 warnings (298 in April, 168 in March and 261 in February). 

–Fire Chief Mark McCollum also presented monthly statistics for May: 41 calls, one structure and three other fires, 16 rescues, one hazardous condition, five service calls, seven good intent calls, seven false alarms, and one severe weather call.

This is down slightly from January and March (February and April tallies were not immediately available). March is as follows: 52 calls, four structure fires, two grass/woods fires, two vehicle fires, one rescue, 17 motor vehicle accidents (no extrication), 18 false alarms, two good intent including service calls, two hazardous materials calls, one gas leak, one smoke detector installation, one carbon monoxide detector installation, and 15 plan reviews.

January saw a total of 52 calls, including three structure fires, two grass/woods fires and one vehicle fire; three medical assistance calls excluding accidents, three rescues (extrication), 12 motor vehicle accident (no extraction), 19 false alarms, two good intent including service calls, three inspections, three haz-mat scenes, two gas leaks and one carbon monoxide call. The department installed one smoke detector, conducted 15 plan reviews and three inspections, and netted 338 training hours.

Meanwhile, the fire department has conducted 232 inspections so far this year. “We have to hit every commercial building in the city,” McCollum said.

–The council adopted by ordinance the police department policy manual. At its meeting on May 20, the council had adopted by a voice vote but then Scarbrough asked that this be done by ordinance.

The council agreed to suspend the second and third readings of the ordinance, which was then adopted with an emergency clause, making it effective immediately. Roberts voted against the ordinance.

–Also at the May 20 meeting, the council had agreed to purchase a new super slide for the city’s holiday lighting display. The city let the project out to bid, but there was only one bidder, Super Mega Slide, for $60,930.

The council formally approved the purchase of the slide.

–The council also approved the purchase of a new recumbent bike for the community center to replace one that was broken. Mayor Rick Elumbaugh said these bikes are very popular, and a new one will cost about $7,000.

–A celebration of life for the late Jeff Owens, city parks director, will be held Tuesday at the Batesville Community Center on the newly named Jeff Owens Court. Visitation will be at noon, followed by the service at 2 p.m.

–The council adopted a resolution to endorse LaCroix Precision Optics to participate in the Tax Back program. Under the Consolidated Incentive Act of 2003, the local government must authorize the refund of local sales taxes.

–During council comments, Alderman Fred Krug noted that two Batesville graduates are now in the College World Series at Omaha, Nebraska: Gage Wood, University of Arkansas, and Conner Cunningham, Murray State.

“If both teams win their first games, we’ll have Gage pitching against Conner,” Krug said.

Murray State faces #15 UCLA at 1 p.m. Saturday, while #LSU plays Arkansas at 6 that evening.

–John Webber, public information officer with the U.S. Small Business Administration, also spoke during citizens’ comments to share what the SBA does. He said most people know about FEMA but not the SBA, and he wanted to let the council know that the SBA also offers low interest loans and other services for homeowners and renters.

Alderwoman Paige Hubbard was absent.

Image: Gena Tate, White River Now