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11 NOV 03.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2011 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 November 3, 2011 at the regular meeting place of the City Council. Alderman Ray delivered the invocation and Vice Mayor Smith led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, McCleary, Ray, Rinker, Traylor, Stroud, Robinson, and Howard answered roll call. Vice Mayor Smith also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (1). Vice Mayor Smith noted that Mayor Fletcher, Director of Administration Jim Durham, and City Engineer Jay Whisker are in San Antonio, Texas for the ICSC International Council of Shopping Centers. Others present for the meeting were: City Attorney Robert Bamburg, Police Chief Gary Sipes, Finance Director Cheryl Erkel, Public Works Director Jim Oakley, Human Resource Director Jill Ross, 911 Communications Director Tabby Hughes, CDBG Director Theresa Watson, IT Director Barbara McDaniel, Jim Moore, interested citizens, and members of the press. PRESENTATION OF MINUTES: Vice Mayor Smith presented the minutes of the regular City Council meeting of October 20, 2011 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 6 October 2011 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for October 2011. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 12 Building Inspections 43 Business Licenses 12 Electrical 40 Plumbing 49 HVACR 18 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 33 Notice of Noncompliance 11 Property Mowed 54 Towed 2 Trash Letters 4 CONDEMNATIONS Trash Removal 4 Structural Maint. Letters 0 Property Maint. Letters 104 Structural repairs made 0 Cost $3,705.50 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2011 7:00 P.M. – 7:30 P.M. CITATIONS WARRANTS Debris & open storage 0 Arrest 0 Property maintenance 4 Search 0 ROLL CALL: Aldermen: Elliott, McCleary, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. RESOLUTION 672 (#18-2011) A RESOLUTION AUTHORIZING THE MAYOR TO DESIGNATE CENTRAL ARKANSAS PLANNING AND DEVELOPMENT DISTRICT (CAPDD) AS THE PROJECT ADMINISTRATOR FOR THE JACKSONVILLE, ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAM GRANT FOR THE BEECHWOOD DRAINAGE IMPROVEMENT PROJECT; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Stroud to read Resolution 672 (#18-2011). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 672 (#18-2011). Alderman Stroud moved, seconded by Alderman Ray to approve Resolution 672 (#18-2011) in its entirety. MOTION CARRIED. b. RESOLUTION 673 (#19-2011) A RESOLUTION AUTHORIZING THE MAYOR TO DESIGNATE CENTRAL ARKANSAS PLANNING AND DEVELOPMENT DISTRICT (CAPDD) AS THE PROJECT ADMINISTRATOR FOR THE JACKSONVILLE, ARKANSAS, COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAM GRANT FOR THE EAST PUMP STATION EMERGENCY GENERATOR; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman McCleary to read Resolution 673 (#19-2011). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 673 (#19-2011). Alderman Stroud moved, seconded by Alderman Ray to approve Resolution 673 (#19-2011) in its entirety. MOTION CARRIED. c. ORDINANCE 1429 (#17-2011) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 8.16; ESTABLISHING PARENTAL RESPONSIBLILITY FOR MINORS DISCHARGING FIREWORKS ASSESSMENT OF A STIFFER PENALITY FOR VIOLATION(S) OF THE TERMS OF THIS CHAPTER; AND, FOR OTHER PURPOSES. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2011 7:00 P.M. – 7:30 P.M. Vice Mayor Smith offered that the Ordinance could be read and approved on first reading and then held for second and third reading until the next regularly scheduled City Council meeting, offering the public another chance for input. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1429 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1429. Alderman Ray, who served as Chairman of the Fireworks Committee, explained that the Committee met for a total of five times in compromise to propose amendments for the Fireworks Ordinance. He then noted that the Committee held a public hearing regarding public input. He stated that suggestions from the public were taken into consideration and the Committee formulated an Ordinance with regard to the Police Chief, Fire Marshal, Fire Chief, and the Community. He explained that stricter penalties and fines were added. He then noted that the proposed th Ordinance offers a time period on July 4 from 6:00 p.m. to 11:00 p.m. for shooting fireworks in the City with a permit from the Fire Marshal. He added that it was concluded this would help alleviate the 911 system from being overloaded. He related that the Ordinance also holds the parents responsible for supervising the firing of fireworks. He noted that there would not be a fee for the permit, but a permit must be issued to discharge fireworks and to hold the permitted party responsible for cleanup. He stated that he feels the Ordinance should be adopted tonight. In response to a question from Vice Mayor Smith, Alderman Ray explained that one fireworks vendor in the newly annexed area was grandfathered in with the annexation. In response to a question from Alderman Traylor, City Attorney Bamburg clarified that an individual with a permit can discharge fireworks that they are qualified to shoot. He explained that a category of larger fireworks would require a license from the State. Alderman Traylor noted that neighbors may not be aware of someone having a permit if they are shooting fireworks. City Attorney Bamburg clarified that the Police would be aware of who has permits, adding that there is a requirement to notify the Police Department. He continued saying that 911 would have a list of individuals having permits and can report that to the caller. It was also related that the individual with the permit would be required to have the permit on his person during the activity of shooting fireworks. City Attorney Bamburg then explained that the current Ordinance has always prohibited the possession of fireworks within the City limits. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2011 7:00 P.M. – 7:30 P.M. Discussion ensued and City Attorney Bamburg clarified that the person would have to have a permit in order to possess fireworks even before going to purchase fireworks. He then noted that it would be unlikely for anyone to be prosecuted for possession of fireworks. Alderman Traylor stated that he feels this may create more problems for the Police Department than what the City has now. Vice Mayor Smith asked Police Chief Sipes to address the Council. Chief Sipes stated that this was his first opportunity to view the Ordinance, adding that the Ordinance does have stricter penalties for those in violation. He stated that he was not aware that fireworks would th be allowed on the 4 of July from 6:00 p.m. to 11:00 p.m. with a permit. He went on to say that he would sign off on the permit, as well as the Fire Marshal, so he will be aware of who has a permit. He went on to say that he would make sure that 911 has the information for when they get a call. In response to a question from Alderman Elliott, City Attorney Bamburg stated that prohibited possession of fireworks is not limited to minors. He clarified that anyone purchasing fireworks would need to have a permit. He then noted that the fireworks vendor has a permit to sell fireworks, which would not affect this statute. He then answered that the verbiage “any manner aid, instigate, or permit a minor(s) to buy, discharge, etc.”, was specifically written to address parents who purchase fireworks for minors without a permit. He stated that there have been instances where the parents have secured fireworks for their children and not been with the children when they are discharging them. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1429 on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1429 on SECOND READING. ROLL CALL: Aldermen Elliott, McCleary, Ray, Rinker, Traylor, and Howard voted AYE. Aldermen Stroud and Robinson voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1429. Alderman Ray moved to further suspend the rules and place Ordinance 1429 on THIRD and FINAL READING. MOTION DIES FOR LACK OF A SECOND. ORDINANCE 1429 (#17-2011) WAS HELD IN ABEYANCE FOR THIRD AND FINAL READING AT THE REGULAR CITY COUNCIL MEETING OF NOVMEBER 17, 2011. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2011 7:00 P.M. – 7:30 P.M. Alderman Ray stated that he feels the Committee has produced the right legislation for the citizens of Jacksonville, noting the agenda for th November 17 would have a public hearing and that might congest the agenda. d. CDBG Consolidated Plan Update 2012 Action Plan Director Theresa Watson informed the City Council that they are required by HUD to update the plan annually. She related that the plan outlines how funds will be expended. She noted that four public hearings were held to obtain input from Jacksonville citizens regarding how they feel the funds need to be spent. She explained that the last page of the report list suggestions offered, whether it was or was not an eligible item, with asterisks for those items that are eligible based on HUD criteria. She explained that expenditures have to benefit low to moderate individuals, areas, or communities. She reviewed a map offered in the report of a census track that denotes the low to moderate income areas, noting that it includes the Sunnyside area as well as other areas located on Hwy. 161. She related that the Sunnyside area is the priority target area for Jacksonville. Discussion ensued as to criteria for eligibility for families and individuals. Members of the City Council commended Director Watson regarding the report presentation and informational content. Alderman Stroud moved, seconded by Alderman McCleary to approve the CDBG 2012 Consolidated Action Plan. MOTION CARRIED. ANNOUNCEMENT(S): POLICE DEPARTMENT to handle Code Enforcement Police Chief Sipes explained that he was asked by Mayor Fletcher to take over the Code Enforcement for the City, noting that Mayor Fletcher was aware he had a background with Code Enforcement in North Little Rock. He stated that prior to being the Director of Code Enforcement; he was the Community Oriented Policing Commander at the Police Department in North Little Rock, adding that they worked very closely with the Code Enforcement Department. He stated that he believes this will be a good fit for Code Enforcement to come under the Police Department. He asked for the City Council’s support, acknowledging that offenders would not be happy with efforts to clean up Jacksonville. He stated that other City Directors will work with them, saying that it is not a Police Department or Code Enforcement job, but the whole City will need to be involved in order for them to be successful. He noted that the Aldermen would probably receive complaints from residents who are cited for violations. He stated that they are going to enforce the ordinances. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2011 7:00 P.M. – 7:30 P.M. ADJOURNMENT: Without objection, Vice Mayor Smith adjourned the meeting at approximately 7:29 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 6