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10 JUL 15.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2010 7:00 P.M. – 7:30 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in regular session on July 15, 2010 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Vice Mayor Smith led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Rinker, Ferrell, Stroud, and Howard answered roll call. Vice Mayor Smith also answered ROLL CALL declaring a quorum. Aldermen McCleary, Sansing, Ray, and Twitty were absent. Mayor Fletcher was also absent. PRESENT SIX (6), ABSENT (4). Others present for the meeting were: Director of Administration Jim Durham, City Engineer Jay Whisker, Assistant Finance Director Cheryl Erkel, CDBG Director Theresa Watson, Police Chief Gary Sipes, Fire Chief John Vanderhoof, Human Resource Director Jill Ross, Director of Information Technology Barbara Daniel, Miss Mikayla Garrett, 911 Communications Director Tabby Hughes, Mrs. Addie Gibson, Mrs. Helen Stroud, Mrs. Nola Ferrell, Mike Wilson, Rizelle Aaron, Mike Traylor, interested citizens, and members of the press. PRESENTATION OF MINUTES: Vice Mayor Smith presented the minutes of the regular City Council meeting of July 1, 2010 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Alderman Stroud that the minutes of the regular City Council meeting of 3 June 2010 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular Monthly Report for June 2010, which reflects a fire loss of $2,100.00 and a savings total of $87,900.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular Monthly Animal Control Report for June 2010. Said report reflects: ADOPTION/FINES: $3,020.00 CONTRIBUTIONS: $ .00 TOTAL: $3,020.00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular Monthly Report for June 2010 regarding annual crime statistical comparisons. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2010 7:00 P.M. – 7:30 P.M. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular Monthly Report for June 2010. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 18 Building Inspections 39 Business License 7 Electrical 47 Plumbing 54 HVACR 31 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 198 Notice of Noncompliance 19 Property Mowed 88 Towed 3 Trash Letters 5 CONDEMNATIONS Trash Removal 8 Structural Maint. Letter 0 Property Maint. Letters 44 Structural repairs made 0 Cost $7,067.30 Demolitions 0 CITATIONS WARRANTS Debris & open storage 3 Arrest 0 Property maintenance 0 Search 2 ROLL CALL: Aldermen: Elliott, Rinker, Ferrell, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to accept bid: 2010 Asphalt Overlay and Street Striping Program City Engineer Whisker presented a list of streets and the limits projected for the 2010 Asphalt Overlay and Street Striping program, costs came in at $186,951.22. He explained that the low bid from Cranford Construction is staff’s recommendation, noting that Cranford has performed work for the City in the past several years and have performed well. Alderman Stroud moved, seconded by Alderman Howard to accept the low bid from Cranford Construction in the amount of $186,951.22 with funds to be drawn from the Street Department Fund. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. Request to set annexation public hearing for August 5, 2010 at 7:00 p.m. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2010 7:00 P.M. – 7:30 P.M. City Engineer Whisker presented a PowerPoint presentation offering an overview of the proposed areas to be annexed in Pulaski County. He related that there are two proposed areas of annexation, one being the northeast area along Hwy. 67/167 and the other is a small tract at the south end of Jacksonville on South Hwy. 161. He outlined the boundaries of the proposed northeast annexation area as being Maddox Road, the east County line to Republican on the north, around Burin Lane to the backside of Peters Road and attached just north of Maddox Road. He then answered that it consists of 3.5 square miles with approximately 300 properties. He then described the property that would consist of the South Hwy. 161 annexation, mentioning the liquor stores and the cemetery. He also answered that there was already City water in those areas. Alderman Smith noted that the annexations would include five liquor stores, adding that those businesses could continue operations because they are not included in the Gray Township. Alderman Stroud moved, seconded by Alderman Howard to set an annexation public hearing for August 5, 2010 during the regularly scheduled City Council meeting. MOTION CARRIED. b. Update regarding the Safe Routes to School and the City wide sidewalks City Engineer Whisker presented the Sidewalk Master Plan, outlining the separate phases. He noted that both phases I and II have been completed, adding that with the completion of subdivisions other sidewalks have been added to the Plan. He then answered that the sidewalk constructed is funded through the Street Department Fund and the Capital Projects Fund. He related that the Middle School sidewalk project consisted of 1200’ of linear sidewalk costing $112,000.00, which was 100% funded by AHTD. He related that it was termed the Safe Routes to School projects for area schools. He then related that the Jacksonville Middle School recently had new sidewalks added to the existing sidewalks. He stated that the block of Main, School, and Sharp were tied in with the sidewalk project. He presented a photo PowerPoint presentation featuring areas throughout the City that have new sidewalk construction. He noted that Tolleson Elementary had 800’ of sidewalk costing $81,000.00, which was once again funded completely by AHTD. He related that sidewalks from Harris Road to the High School have now been connected for pedestrian use to the two schools. He then explained that during this construction phase, Harris Road was widened to provide a right-hand lane for school traffic going to the elementary school. He stated that the City funded the sidewalk on Loop Road, noting that the sidewalk wraps around from Pinon and Leonard by the drainage ditch. He related that the most recent project was in the vicinity of Homer Adkins connecting from Valentine to South Hwy. 161. He noted that part of the project was constructed when the subdivision was developed. APPOINTMENT(S): ANNOUNCEMENT(S): CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2010 7:00 P.M. – 7:30 P.M. DEVIATION IN AGENDA: Mr. Mike Wilson addressed the City Council regarding a proposal to support efforts for the construction of a charter school to be located on the Little Rock Air Force Base. He noted that this would pertain to children who attend the Northwood Middle School, adding that it would be a community partnership to improve education. He noted that the proposal is for a charter school regarding grades 6, 7, & 8. He stated that this charter school would not affect the addition of grades to the existing charter school. He explained that the application must by filed by August 31, 2010 in order to open in the fall of 2011. He asked the City Council to consider a resolution of support at the next regularly scheduled City Council meeting. He explained implications regarding a timeline for this summer, further asking for consideration for City Council support. In response to a question from Alderman Rinker, Mr. Wilson stated that Base vehicle passes would be provided for parents of children living off Base. Alderman Stroud issued concerns that each time a charter school is started it “chips away” from the student base of Jacksonville, adding that the ultimate goal is for Jacksonville to have its own school district. He noted that once Jacksonville has its own school district, there is a way that the charter schools can be merged back into the public schools. Mr. Wilson stated that the immediate concern is how to create a separate district, whether or not it is with charter schools as a focal point. He stated that he is not willing to wait any longer, noting that the situation has gotten out of control and he is determined to address this situation. He added that currently charter schools are the only avenue available. He noted and Vice Mayor Smith concurred, that it is a matter of competition and there are no guarantees as to when the Judge will make a decision. FURTHER DEVIATION IN AGENDA: Mr. Rizelle Aaron presented a formal complaint to the City Council, asking that it be addressed at the next City Council meeting. He stated that if this is not the right process then he would like to be informed as to what that process would be to have his complaint addressed. He outlined his complaint as having to do with documents that were supplied to some news agencies without request through FOI. He stated that the documents not being presented in whole were made to appear worse than what it was. He went on to say that in February he had received an email following a City Council meeting that he perceived as threatening, which he forwarded to the FBI. He related that the FBI told him that because it was only one email and there was no specific threat, no action would be taken at that time. He stated that the email was in reference to Mr. Durham supposedly providing information, including official documents, to friends about him. He supplied the City Council with a copy of the email and his response to that email. He stated that he also notified Police CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2010 7:00 P.M. – 7:30 P.M. Chief Sipes. He then offered that following a City Council meeting in May after he had filed to run as Mayor, he had an altercation in the lobby with Mr. Durham. He stated that Mr. Durham was hostile and aggressive, threatening to release documents that were eventually released to the media. He reviewed specific documents saying that they did not reflect the facts. He stated that the documents were released in partial for a reason including official findings by the Department of Human Services. He stated that it is his belief that a City official or City employee did release partial records and documents to affect the outcome of the election. He requested that it be investigated to determine who is responsible for releasing those files. Vice Chairman Smith asked Mr. Aaron exactly what his request of the City Council is. Mr. Aaron stated that obviously there is an ethics problem that he would like to have addressed. Vice Chairman Smith stated that if this is a personnel complaint, it would not be dealt with in a public City Council meeting. He advised Mr. Aaron to go to the Department head and file a complaint. Mr. Aaron stated that obviously with the relationship of Mr. Durham and the Mayor, it is his opinion that this would not be addressed adequately. He added that it would cause a conflict of interest since he is a candidate for Mayor. He stated that he is requesting that it be looked at in a different manner so there is not an appearance of conflict. City Attorney Bamburg clarified that employee issues are not addressed in a public forum, adding that the City Council is aware and familiar that it would be inappropriate. He added that he believes Mr. Aaron is also familiar with that being inappropriate. He stated that there are appropriate ways to make a complaint if any citizen has a complaint about a City employee’s behavior. That complaint is to be taken to the Department head, adding that if there is a problem with how the Department head handles the complaint then it proceeds forward. Mr. Aaron stated that he understands, reiterating that due to the extenuating circumstances he believes that this should be addressed in a different manner to avoid a conflict of interest. He thanked the City Council for their time. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2010 7:00 P.M. – 7:30 P.M. ADJOURNMENT: Without objection, Vice Mayor Smith adjourned the meeting at approximately 7:30 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer