13 MAR 21 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2013
7:00 P.M. – 7:38 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 March 21, 2013 at the regular meeting place of the City Council. Alderman Howard delivered the invocation and Mayor Fletcher
led a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Ray, Mashburn, Traylor, Twitty, and Howard answered roll call.
Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2).
Others present for the meeting were: City Attorney Robert Bamburg, Police Chief Gary Sipes,
Director of Administration Jim Durham, City Engineer Jay Whisker, Human Resource Director Jill Ross, Public Works Director Jim Oakley, Fire Chief Alan Laughy, CDBG Director Theresa Watson,
Parks and Recreation Director Kristen Kennon, Code Enforcement Officer Charlie Jenkins, Water Department Superintendent Jake Short, Johnny Simpson, Planning Commissioner Jim Moore, Marie
Fletcher, Brianna Mashburn, interested citizens, and members of the press.
PRESENTATION OF MINUTES:
Mayor Fletcher presented the minutes of the regular City Council meeting of March
7, 2013 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 Bolden
that the minutes of the regular City Council meeting of 21 February 2013 be APPROVED. MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved,
seconded by Alderman Traylor to approve the Regular Monthly Report for February 2013 regarding annual crime statistical comparisons.
Code Enforcement for February 2013
Assigned
Calls 67
Self Initiated Calls 245
Follow ups 300 Basketball Goals 0
Meetings/Court Hearings 166 Structures Inspected 18
Citations/Warnings Issued 0 Rental Properties
Inspected 5
Notices/Letters Written 51 Properties Red Tagged 2 Vehicles Tagged 3 Search Warrants Served 1
Vehicles Towed 1 Structures Rehabbed 1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2013
7:00 P.M. – 7:38 P.M.
Lots posted 0 Structures Condemned 0
Signs removed 64 Houses Demolished by
City 0
Trash cans tagged 0 Houses Demolished by Owner 1
Parking Violations 44
Grass Letters 0
Grass Mowed 0
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray
moved, seconded by Alderman Traylor to approve the regular monthly report for February 2013 from the Jacksonville Fire Department, reflecting a fire loss of $52,200.00 and a savings
total of $30,200.00.
ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT: ORDINANCE 1481 (#12-2013)
AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR
STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Fletcher opened the public hearing at approximately 7:05 p.m.
Code
Enforcement Officer Charlie Jenkins offered a PowerPoint presentation regarding the property condemnation located at 1412 S. Hwy. 161. He demonstrated structural damage, water damage,
and hazardous electrical wiring conditions at both houses as well as varmint infestation. He noted that property is hidden behind another property and has a narrow alleyway access, explaining
that Code Enforcement became aware of the property because of the overgrown yard. He related that the property owner of record is deceased, adding that there is a son, but he was unable
to find any contact information on him. He stated that the proper notices were sent out and the condemnation was advertised in the newspaper to alert any interested parties, but there
was no response.
The PowerPoint presentation is a part of the condemnation record.
Mayor Fletcher closed the public hearing at approximately 7:10 p.m.
Alderman Elliot moved, seconded
by Alderman Bolden that Ordinance 1481 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1481.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2013
7:00 P.M. – 7:38 P.M.
Alderman Ray moved, seconded by Alderman Bolden to APPROVE Ordinance 1481 on FIRST READING
and to suspend the rules and place Ordinance 1481 on SECOND READING.
In response to a question posed by Alderman Traylor, Code Enforcement Officer Jenkins explained that first thing
to take place regarding condemnation protocol is to send a public nuisance letter to the owner of record allowing seven (7) days to respond. If there is no response, then a notice of
public hearing is sent with no less than then (10) days for the owner to respond. He added that once this occurs it is advertised in the local newspaper and a title abstract search is
done on the property to identify any lien holders. He stated that good faith effort is done to notify any interested parties.
City Attorney Bamburg offered that the property is also
posted.
He then explained that he learned from neighbors that the owner was deceased and there was a son, but the neighbors had no information on how this person could be contacted
and he had not been seen for a long while.
City Attorney Bamburg clarified that State statute requires that a city publish notice and post the property. He explained that the City
goes beyond that trying to get certified mail notices to the property owner or any interested parties, adding that notices are also sent out by regular mail so if there are any forwarding
order in place, it will be forwarded to the owner. He stated that if the owner is decease there is no obligation for the City to go further than posting the property and publishing a
notice in accordance with State statute.
ROLL CALL: Aldermen Elliott, Bolden, McCleary, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon
City Attorney Bamburg read the heading of Ordinance 1481.
Alderman Ray moved, seconded by Alderman Bolden to APPROVE Ordinance 1481 on SECOND READING and to further suspend the rules
and place Ordinance 1481 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1481.
Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1481 be APPROVED AND ADOPTED. ROLL CALL: Aldermen
Elliott, Bolden, McCleary, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Bolden that the EMERGENCY CLAUSE
be attached and approved. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2013
7:00 P.M. – 7:38 P.M.
ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1481 THIS 21st DAY OF MARCH 2013.
STREET
DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. RESOLUTION 695 (#4-2013)
A RESOLUTION CONGRATULATING AND SUPPORTING COACH VIC JOYNER AND
THE 2013 STATE CHAMPION (5A) BOYS’ BASKETBALL TEAM OF JACKSONVILLE HIGH SCHOOL; AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Bolden to read Resolution 695 (#4-2013).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 695 (#4-2013).
Alderman Ray moved, seconded by Alderman Bolden to approve Resolution 695 (#4-2013) in
its entirety. MOTION CARRIED.
b. RESOLUTION 696 (#5-2013)
A RESOLUTION CONGRATULATING AND SUPPORTING COACH KATRINA MIMMS AND THE 2013 STATE CHAMPION (5A) GIRLS’ BASKETBALL TEAM OF
JACKSONVILLE HIGH SCHOOL; AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Bolden to read Resolution 696 (#5-2013). MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Resolution 696 (#5-2013).
Alderman Ray moved, seconded by Alderman Bolden to approve Resolution 696 (#5-2013) in its entirety. MOTION CARRIED.
Alderman Elliott
congratulated Alderman McCleary regarding his son being named the Most Valuable Player in the State Championship game.
c. ORDINANCE 1480 (#11-2013)
AN ORDINANCE AMENDING AND MODIFYING
§ 6.04 (ANIMAL CONTROL) OF THE JACKSONVILLE MUNICIPAL CODE; AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1480 be placed on FIRST READING.
Public Works Director Jim Oakley referred to Section One of the Ordinance, explaining that the modification addresses the use of the appropriate size and weight of the chain or cable
in accordance with the size of the animal, adding that it is specific to the breed as well. He stated that this offers more detailed code for the officers to be able to address that
puts an animal in unsafe conditions.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2013
7:00 P.M. – 7:38 P.M.
He then referred to Section Two that addresses the Pit Bull Ban, noting that the breed
of the American Staffordshire Terrier has been added to the list of ban breeds within the City of Jacksonville. He explained that when the list of banned breeds was originated the breed
of American Staffordshire Terrier was unintentionally left off that list. He added that this particular breed is a Pit Bull breed, adding that neighboring cities include this breed
as part of the same ban.
Alderman Traylor issued concerns that the ordinance does not specifically demonstrate the size of chain or cable restraint for the size dog or breed.
City
Attorney Bamburg clarified that the code cannot designate a specific chain, weight or circumstance for every particular breed of dog. He added because of that the reason the ordinance
is phrased in this manner, noting that because of some cases before the District Court, Judge Batton has been adamant and helpful regarding enforcement when there is a circumstance regarding
a chain that has been inappropriate in weight and strength to hold a large dog or in its heaviness and inappropriate size. He cited circumstances that unfortunately for the animal the
chain has been embedded in their neck. He stated that the Ordinance is as objective as possible without trying to list out something impossible to accomplish. He stated that Judge Batton
has been helpful and reasonable in the manner he approaches these circumstances, adding that he believes the Animal Control Officers will operate in the same fashion. He added that
the Officers are aware of what Judge Batton supports.
Public Works Director Jim Oakley assured Alderman Ray that animal cruelty charges have been brought against improper use of heavy
chains and chains that have grown into the dog’s neck.
Alderman Bolden stated that “common sense” is based on the information a person receives during their educational experiences.
He cited that what is perceived as common sense to one person may not be understood as common sense to another person. He suggested that Animal Control should bear this fact in mind
and try to educate before condemning.
Public Works Director Jim Oakley stated that for that reason the Ordinance is being proposed, offering more detail and clarity.
ROLL CALL: Aldermen
Elliott, Bolden, McCleary, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1480.
Alderman
Ray moved, seconded by Alderman Bolden to APPROVE Ordinance 1480 on FIRST READING and to suspend the rules and place Ordinance 1480 on SECOND READING. ROLL CALL: Aldermen Elliott, Bolden,
McCleary, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1480.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2013
7:00 P.M. – 7:38 P.M.
Alderman Ray moved, seconded by Alderman Bolden to APPROVE Ordinance 1480 on SECOND READING
and to further suspend the rules and place Ordinance 1480 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Ray, Mashburn, Traylor, Twitty, and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1480.
Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1480 be APPROVED AND
ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1480
THIS 21st DAY OF MARCH 2013.
d. CDBG 2012 CAPER (Consolidated Annual Performance & Evaluation Report)
CDBG Director Theresa Watson stated that eleven (11) CDBG projects, five (5)
public improvement projects, and four (4) public service projects were done in 2012. She added that two (2) properties were purchased for the Galloway Park expansion. She stated that
they conducted two (2) self-help demolition projects and completed two (2) home projects and started three (3) additional home projects by the end of 2012. She related that they were
awarded $211,778.00 in CDBG funds, expending a total of $237,061.00 that also included $11,845.00 in loan payment collections. She continued saying that they were awarded $391,571.00
in Home Funds and by year’s end, $54,948.00 was expended.
Alderman Ray commended Director Watson for her CDBG programs, saying that they do so much for the community given the amount
of funding.
Mayor Fletcher questioned if Director Watson is planning to renew offering the Financial Literacy Program, commenting that he had attended and felt that it was successful.
Director Watson stated that she has participants on a waiting list, adding that the problem seems to be the length time of the program. She explained that the program is twelve weeks.
She stated that the program has to be that long in order to obtain a thorough understanding of financial education. She stated that he she has enough participation they will resurrect
the program.
Mayor Fletcher thanked Director Watson for her help in remodeling the restrooms at the Boys’ and Girls’ Club.
Alderman Ray noted that CDBG had offered a program for
“Hands-On Handyman” that he attended, saying that the program was useful and there were a lot of participants.
Alderman Ray moved, seconded by Alderman Bolden to accept the 2013 CAPER
as presented. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2013
7:00 P.M. – 7:38 P.M.
e. DISCUSSION: 119 Roosevelt Road
Code Enforcement Officer Jenkins offered photographs
of 119 Roosevelt, saying that the house had previously been condemned. He noted that the photographs show the level of work completed as of March 19th, adding that the owner has made
even more progress since the pictures were taken.
Alderman Ray asked Officer Jenkins if he is convinced that the owners have done a wonderful job in putting the house back together.
Officer Jenkins stated that he is. He went on to say that he honestly did not believe this was possible.
Mayor Fletcher also stated that he is impressed with the amount of progress.
Director of Administration Jim Durham related he had requested that the building inspector go by the house this morning, saying that he reported to him and City Engineer Whisker that
the house is 99% finished. He stated that a Certificate of Occupancy cannot be issued because there are two outlets that have a wiring reverse that has to be corrected, a line hookup
on the hot water tank, and vinyl flooring that is to be installed. He noted that the house will have heat & air that it did not have before. He stated that Mr. Hall did an exceptional
job.
In response to a question posed by Alderman Ray, City Attorney Bamburg explained that the house was approved for condemnation in November, explaining that an ordinance removing
it from the condemnation list can be offered to the City Council following the final building inspection of the house.
Alderman Ray agreed with that course of action. He asked Officer
Jenkins to work with the building inspector to make sure everything is up to code so City Attorney Bamburg can bring an ordinance back to the next meeting.
Mayor Fletcher asked that
Mr. Hall complete the final repairs before the deadline for the next City Council meeting.
APPOINTMENT(S):
ANNOUNCEMENT(S): Mayor Fletcher announced that the Jacksonville Parks &
Recreation Easter Egg Hunt will be held on Saturday, March 23rd at Excell Park.
He then announced that the Community Center Underwater Easter Egg Hunt for children 12 and under will
be held Monday, March 25th @ 6:00 p.m. with the $5.00 admission fundraiser fee going to the Jacksonville Boys’ and Girls’ Club.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2013
7:00 P.M. – 7:38 P.M.
Parks and Recreation Director Kristen Kennon noted that last year the Underwater Easter
Egg Hunt won the 2012 ARPA program of the year award, adding that this year they won the 2013 Therapeutic Recreation Award for swimming lesion and the Natural Resource Award for Parks
& Recreation’s for the Fishing Derby.
Alderman Bolden noted that there are signs stationed in the City from a church that is located outside the City, relating that he has received
phone calls from pastors that had signs removed, wondering how this possible. He announced that Code Enforcement is in the process of working this situation.
ADJOURNMENT: Without
objection, Mayor Fletcher adjourned the meeting at approximately 7:38 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan
L. Davitt MAYOR GARY FLETCHER
City Clerk-Treasurer