10 MAY 06.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 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 May 6, 2010 at the regular meeting place of the Council. Alderman Smith delivered the invocation and
Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. Alderman
McCleary arrived at approximately 7:04 p.m. PRESENT TEN (10), ABSENT (0).
Others present for the meeting were: Director of Administration Jim Durham, City Engineer Jay Whisker, Public Works Director Jim Oakley, CDBG Director Theresa Watson, Fire Battalion
Chief Joe Bratton, Police Chief Gary Sipes, Human Resource Director Jill Ross, Director of Information Technology Barbara Daniel, Assistant Finance Director Cheryl Erkel, Parks and Recreation
Director Kristen Griggs, 911 Communications Director Tabby Hughes, Mrs. Glenda Fletcher, Mrs. Marie Fletcher, Mrs. Addie Gibson, Mr. Ivory Tillman, Mr. Rizelle Aaron, Mr. Chris Wright,
Mr. Jim Moore, Mr. Jerry Reichenbach, Mr. Barry Heller, Mr. Dickie Penn, Mr. Mike Wilson, interested citizens, and members of the press.
PRESENTATION OF MINUTES:
Mayor Fletcher presented the minutes of the regular City Council meeting of April 15, 2010 for approval and/or correction at the next regularly scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Stroud that the minutes of the Regular City Council Meetings of 1 April 2010 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT
Alderman Ray moved, seconded by Alderman Stroud to approve the Regular Monthly Report for April 2010.
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 23 Building Inspections 63
Business License 10 Electrical 49
Plumbing 29 HVACR 63
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 456 Notice of Noncompliance 16
Property Mowed 13 Towed 0
Trash Letters 1 CONDEMNATIONS
Trash Removal 1 Structural Maint. Letter 0
Property Maint. Letters 45 Structural repairs made 0
Cost $ 715.00 Demolitions 0
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REGULAR CITY COUNCIL MEETING
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CITATIONS WARRANTS
Debris & open storage 0 Arrest 0
Property maintenance 0 Search 0
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved, seconded by Alderman Stroud to approve the Regular Monthly Animal Control Report for April 2010. Said report reflects:
ADOPTION/FINES: $4,030.00
CONTRIBUTIONS: $ .00
TOTAL: $3,372.00
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT: RESOLUTION 647 (#9-2010)
A RESOLUTION OF INTENT DESIGNATING AND AUTHORIZING JACKSONVILLE WATER COMMISSION, D/B/A JACKSONVILLE WATER WORKS, TO IMPLEMENT AND SUPPORT THE JACKSONVILLE WATER WORKS SYSTEM IMPROVEMENT
PROJECT, AGREEMENT NO. 00798-DWSRF-L; AND, FOR OTHER PURPOSES.
City Attorney Bamburg reminded the City Council that at the previous City Council meeting a Resolution involving the signature and bond issue were combined, explaining that Resolution
647 (#9-2010) separates those issues. He stated that Resolution 647 (#9-2010) only addresses the bond issue.
Alderman Ray moved, seconded by Alderman Stroud to read Resolution 647 (#9-2010). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 647 (#9-2010).
Alderman Smith moved, seconded by Alderman Ray to approve Resolution 647 (#9-2010) in its entirety. MOTION CARRIED.
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT: PRESENTATION: Ambulance Service Expansion
Battalion Chief Joe Bratton explained that currently the Fire Department runs two paramedic ambulances for the City, one located at Station #1 and the other at Station #2. He offered
that along with a private contract service for transports that was added in 1989, this level of service has been offered as far back as 1984. He stated that back in 1984 their average
number of runs per day was two, adding that now they average eight runs daily. He stated that run volume continues to increase. He related the Fire Department has had to press the
reserve/back-up ambulance into service more frequently or rely on the private contractor to help meet emergency response needs. He related that the back-up ambulance will be moved into
full service and staffed with existing personnel to meet the growing needs of citizens. He added that the
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
back-up ambulance would be placed at Station #3 on John Harden Drive. He explained that area is their longest response time area, adding that it will additionally used to cover the
Little Rock Air Force Base. He stated that they are anticipating a decrease in response time from 2 to 3 minutes. He related that by using an existing unit and existing personnel there
should be zero costs. He noted that the only funds spent were getting the ambulance stocked with the same level of care and equipment as the other two units in service. He stated that
he feels in the long-term the only additional expense might be some personnel overtime but if any the cost would be minimal. He then noted that later there might be a request for a
replacement ambulance so one can be held in reserve.
In response to a question from Alderman Elliott, Battalion Chief Bratton responded that the Fire Department has applied for personnel grants but have not found any suitable for vehicles.
He related that they recently received a $20,000.00 State grant that helped with supplies for this expansion.
Mayor Fletcher noted that the Jacksonville Ambulance Service is far less expensive than other communities, noting that the comparable price of $400.00 for an ambulance run to $800.00
in other communities for the same level of service. He commended the Fire Department for their professionalism provided to the community.
Discussion ensued regarding the supplement funds used to augment the Ambulance Fund, Battalion Chief Bratton noted that it would be hard to find quicker response times, better level
of care, or any better level of personnel than is found in the City of Jacksonville.
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION: ORDINANCE 1403 (#8-2010) PUBLIC HEARING
AN ORDINANCE VACATING AND CLOSING A PORTION OF BERTHA STREET, JACKSONVILLE, ARKANSAS (GENERAL LOCATION: A PORTION OF BERTHA STREET BETWEEN NORTH JAMES AND JEFF DAVIS STREETS, JACKSONVILLE,
ARKSANSAS); AND, FOR OTHER PURPOSES.
Mayor Fletcher opened the public hearing at approximately 7:10 p.m.
City Engineer Whisker answered that the closing is a half length of Bertha Street; explaining that the Street extends from James Street to Jeff Davis. He then related that the owners
of the adjacent properties are requesting to close the half between their properties. He stated that the Street was never built, adding that it has an open ditch storm drain from Second
Baptist Church to Jeff Davis. He stated that the
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
closure would be the west half of the Jeff Davis side. He then noted that the utilities and the storm drain would remain in place as an easement in care of the City.
Alderman Elliott moved, seconded by Alderman Smith to place Ordinance 1403 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1403.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1403 on FIRST READING and to suspend the rules and place Ordinance 1403 on SECOND READING. ROLL CALL: Aldermen Elliott,
Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1403.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1403 on SECOND READING and further suspend the rules and place Ordinance 1403 on THIRD AND FINAL READING. ROLL CALL:
Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1403.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1403 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1403 THIS 6th DAY OF MAY 2010.
GENERAL: a. PRESENTATION Keep Jacksonville Beautiful Volunteer Citizen Award
Alderman Howard recognized Mr. Barry Heller regarding his work for the Keep Jacksonville Beautiful Organization, noting that Mr. Heller has gone above and beyond the call of duty as
a volunteer.
Public Works Director Jim Oakley presented Mr. Barry Heller with a plaque of appreciation recognizing his continuous long-term service to keep Jacksonville beautiful.
b. RESOLUTION 646 (#8-2010)
A RESOLUTION AUTHORIZIANG THE MAYOR OF THE CITY OF JACKSONVILLE TO SUBMIT A GRANT FUND APPLICATION TO THE ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAM FOR THE CONSTRUCTION OF
A DETENTION POND TO MITIGATE FLOODING IN THE BEECHWOOD SUBDIVISION OF JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
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City Engineer Whisker stated that Resolution 646 is the last step in the green application process to mitigate flooding in the Beechwood Subdivision. He noted that Pinon and Leonard
are the Streets involved in Beechwood located off Loop Road, explaining that it is a mobile home subdivision. He noted long existing problems with flooding and efforts to address that
issue. He explained that Public Works Director Jim Oakley found an extra relief underneath the railroad tracks that was not being used, adding that a ditch was dug to relieve flooding
up to a “Y” section. He noted that the grant is to continue the ditch into the “Y” area, and further mitigate any flooding.
Alderman Elliott moved, seconded by Alderman Smith to read Resolution 646 (#8-2010). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 646 (#8-2010).
Alderman Stroud moved, seconded by Alderman Howard to approve Resolution 646 (#8-2010) in its entirety. MOTION CARRIED.
c. Request to accept bid for Demolition of the Manor House Apartments
City Engineer Whisker related that the recommended low bidder Lipsmeyer Demolition is located out of Bigelow, Arkansas.
Alderman Smith moved, seconded by Alderman Ray to accept the low bid in the amount of $87,000.00 from Lipsmeyer Demolition with funds to be drawn from the Capital Improvement Fund. MOTION
CARRIED.
d. 911 Communications Storm Warning Awareness and Protocol
911 Operations Director Tabby Hughes noted confusion for citizens regarding the sirens, explaining that when a tornado warning is issued for Pulaski County the sirens are sounded for
one minute to let residents know that severe weather is moving into the area. She then explained that once the threat is determined to be moving into the City of Jacksonville the sirens
are sounded until the threat has passed, adding that when the sirens stop that means the threat is all clear. She related that the Communications Center monitors the weather and receives
messages from the ACIC terminal that provides weather bulletins. She stated that the bulletins relate exactly which cities will be impacted by either a severe thunderstorm or a tornado.
She added that they are also in contact with the Air Force Base who has a radar system that is monitored at all times. She related that the Air Base will notify them when any rotation
is spotted on radar approaching the City limits, then the sirens are activated. She explained a circumstance where they had activated the sirens because the Air Base had spotted rotation
north of the City but since the County was sounding their sirens, they decided to activate the sirens for the City of Jacksonville.
She then explained that CodeRED has options for severe thunderstorm, tornado or flash flood, adding that CodeRED has the capability of
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
notifying residents by street address. She noted that the system is so advanced that many times the call goes out before it is announced on the T.V. or radio.
Mayor Fletcher encouraged everyone to sign up for the CodeRED severe weather alerts.
Director of Administration Jim Durham noted that some people were concerned about the number of calls received, explaining that residents can opt for the tornado warning without having
to get thunderstorm or flash flooding calls. He then noted that the disclaimer states that it will take two weeks for the names to be included in the data base but added that they have
been working to get the names in on a daily basis.
e. Creation of a “Go Green Committee”
Alderman Elliott explained that the State adopted Act 1494 to promote conservation of energy and natural resources for public agencies, adding that one mandate is that cities have to
develop and implement an energy management plan for its utilities consistent with the Arkansas Energy Office. He stated that the City of Jacksonville is in line to develop a plan regarding
sustainability and energy management. He introduced Danielle Shafer, a sustainability consultant for TME in Little Rock, adding that she is a LEED professional.
Ms. Danielle Shafer informed the City Council that while she and her husband both work in Little Rock, they preferred to purchase their home in Jacksonville. She explained that she does
project management for sustainability building and for existing buildings. She related that she is different from other project managers in that she is the owner advocate, meaning that
she finds cheaper and more inexpensive alternatives to living sustainably. She explained her involvement in locating policies and education to use those policies for their businesses
and homes. She added that she is also involved in helping the State, noting that the governor is ready to move with several projects. She stated that she would like to be involved with
Jacksonville to help bring that education to the City she lives in. She informed the City Council that on May 21st they would be hosting the Sustainable Arkansas Conference, offering
information for City Council members to attend. She noted that it would cover public, residential and commercial buildings.
Alderman Elliott pointed out that there are various low-cost/no-cost items that the City could participate in to help comply with the new Act. He stated that the Arkansas Energy Office
is a good resource to help achieve that goal, adding that there are a lot of grants that could be available. He suggested that a task force or committee be considered for how the City
of Jacksonville would approach its compliance with the Act, adding that there would need to be a staff person to be responsible for green building policy and energy management.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
He then answered that he felt the committee should be a cross-section of City Council, employees, and citizens.
Ms. Shafer concurred that six to eight members would be a good number for a committee.
Mayor Fletcher suggested that before the next City Council meeting they work on the perimeters for setting up the committee, its function, as well as benefits to the City of Jacksonville
and bring back recommendations to the City Council.
Mayor Fletcher noted the need for education and possible grants for the public, adding that this would offer great possibilities for the City of Jacksonville.
Alderman Elliott stated that it would not only help the City to be compliant with the new Act but also provide help to the citizens of Jacksonville to become more energy efficient.
APPOINTMENT(S):
ANNOUNCEMENT(S): Mayor Fletcher announced a rescheduling of the Jacksonville Clean-up Day, May 8th at 9:00 a.m. at the Recycling Center.
Discussion ensued regarding informing the public as to becoming more involved in the City of Jacksonville recycling efforts.
Public Works Director Jim Oakley suggested the need for further public education and outreach programs, noting that they are currently looking at going door to door on a Saturday to
ask residents to participate in the recycling program. He then noted the possibility of having a pay as you throw type garbage system that would save residents who recycle.
Mayor Fletcher noted that Texarkana went from individual recycling bins to a combined recycling bin that has been more successful.
Public Works Director Jim Oakley noted that participated with drop off service has become as popular as the curb-side pickup, adding that the Recycling Center is open six days a week.
He noted that the Recycling bins for drop off are filled each weekend. He then answered that curb-side participation is approximately 20% of the City.
Mayor Fletcher offered that the web site would be another good avenue for disseminating this type of information to the residents.
Public Works Director Jim Oakley announced that the Sanitation Department has started a new program of collecting landfill items every Wednesday on an on-call basis that has been successful.
Information regarding this
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
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type of pickup will be distributed through the water bills and an all-call will be sent out to Jacksonville residents.
PUBLIC COMMENT(S):
Mr. Rizzell Aaron of the Jacksonville branch of the NAACP addressed the City Council saying that there has been concern regarding police policy and the NAACP has brought the issue of
a citizen review board to field citizen complaints against police officers. He reference an FOI of the last 50 complaints against the Police Department, saying that there were concerns
about the man-hours in collecting those complaints, suggesting that a copy of all complaints should be held in a separate file. He stated that there were concerns regarding the vagueness
of response of the complaints. He cited two instances where officers lied in police reports, adding that the responses did not adequately address the issue of lying. He noted an instance
where he had filed a complaint against Alderman Stroud, saying that everyone should know how simple it is to be put into the system. He added that now anyone can go to the Police Department
and obtain a copy of that complaint just by requesting it, saying those are the things that normal citizens face every day. He said that “once you are in the system, whether you think
it is substantial or not, anybody can go look at that”. He stated that the NAACP still supports and will not let it go, “we need a citizen review board”. He stated that the City forms
committees at the drop of a hat and formed one tonight. He stated that there is a committee for everything, questioning the problem with having a committee that looks at citizen complaints.
He issued concerns regarding an officer named Charles Wells, noting that later that officer was arrested.
He then related that he has been in contact with John Walker, explaining that Mr. Walker is heavily involved in whether the City of Jacksonville gets an independent school district.
He stated that they understand how important that is for Jacksonville student’s education and for the economy in Jacksonville. He stated that Mr. Walker has agreed to meet with him
and the Jacksonville education group immediately following his election campaign to discuss the pros and cons of an independent school district. He related that Jody Abernathy of the
Dream Program was refused a grant for her after school program by Acting Superintendant McGill, adding that he spoke with Bernice Russell, head of the Grant Department on behalf of Ms.
Abernathy and the NAACP, which helps the City. He stated that Ms. Russell related to him that regardless of Mr. McGill’s actions, they would make sure that Ms. Abernathy’s grants were
submitted whether they were received by tomorrow’s deadline or not. He stated that he has said this to demonstrate that the NAACP does not just deal with police issues, adding that
they deal with issues in general. He reiterated that he believes and most of the members of the NAACP believe that a citizen review board is necessary because the public has to be protected
and sooner or later they will.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
Alderman Stroud apologized, saying that he and Mr. Aaron seemed to have gotten off on the wrong foot, adding that Mr. Aaron seems to be an intelligent, bright, and articulate young man.
He stated that City Council honored a man tonight for picking up trash on the roadside to make the City of Jacksonville better. He stated that he has lived in Jacksonville for over
fifty years, adding that the City has been fortunate to have volunteers that would step out for the Senior Citizen Center, work for the Hospital, pick up trash, and coach little league;
saying that all these people never got paid, never got into the lime light, they just wanted to step up and do something for the City that they live in. He said “you don’t seem to be
that kind of fellow to me, I’m sorry, but you seem more like the guy that is looking for a parade, wanting to get in front and say look at me, I’m the leader.” He related that Mr. Aaron
has not brought up anything new tonight. He added that the City does form committees from time to time to address certain situations, and then those committees are dissolved. He went
on to say that Mr. Aaron is proposing to form a committee that would be placed between the Mayor and the Chief of Police, saying “that is just not smart”.
Mr. Aaron stated that he respects Alderman Stroud’s opinion, saying he too is sorry they got off on the wrong foot. He stated that “whether it is smart or not remains to be seen, depending
on which side of the situation you are on”. He stated that if you are the individual where your four year old child gets patted down by a police officer and your four year old child’s
first experience with a police officer is being patted down, then that child is affected forever”. He stated that if those situations are not adequately addressed in the Department
then there has to be a fair way to address those complaints. He stated that he always has something to support what he is saying, adding that if the City reviews the complaints that
he received, they would see what he is talking about. He stated that these types of complaints are unacceptable on any level.
Mayor Fletcher related that while he has only been Mayor for ten months, policies have been implemented and citizens have come to his office to relate that they see a difference and
feel safer. He stated that this is the goal. He added that if given a choice he would chose to make the City safe where a mother can go into her kitchen, cook and not worry about her
kids going outside and being approached by a drug dealer. He stated that the Police are doing everything to make this City safe, adding that if Mr. Aaron’s concerns are such a major
problem, why he only went after the last fifty complaints. He added that it takes on the air of a “witch hunt”, pointing out that the City has a Police Chief, Mayor and Civil Service
Commission to review the complaints. He stated that all complaints are reviewed, adding that he trust the judgment of the system in place. He stated that unless the City Council directs
otherwise, a review board is not going to happen.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
Mr. Aaron stated that from his understanding the Civil Service Commission does not deal with citizen’s complaints in the Police Department.
Alderman Smith stated that he is not aware of any other city that has any board like this, saying that it drives a wedge between the Police Chief, Mayor and City Council. He asked Mr.
Aaron if he is saying that he is not getting cooperation from the Mayor.
Mr. Aaron responded that to answer the question there are a number of cities that do actually have a citizen review committee in place because of these exact same circumstances. He
stated that “some things are not done unless we make some noise and some things I have to make some noise”. He added that if he calls someone and does not get a response, the only other
way is to make some noise.
Mayor Fletcher interjected that the person who has a problem needs to be the one who makes the noise.
Mr. Aaron continued that there are review boards in other cities, adding that he has made the suggestion that police officers be required to wear body microphones and be required to
video and audio tape all interviews and all interactions that may result in the arrest of someone.
Mayor Fletcher noted that the City is moving in that direction.
Mr. Aaron then question when the last time was that the City performed random drug screening. He thanked the City Council.
ADJOURNMENT: Alderman Stroud moved, seconded by Alderman Smith to adjourn the meeting at approximately 7:58 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR GARY FLETCHER
City Clerk-Treasurer