13 NOV 21
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2013
7:00 P.M. – 7:20 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 21, 2013 at the regular meeting place of the City
Council. Alderman Bolden delivered the invocation and Vice Mayor Elliott
led a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Bolden, McCleary, Sansing, Ray, Mashburn, Traylor,
Twitty and Robinson answered roll call. Vice Mayor Elliott also answered
ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (1). Mayor
Fletcher was out of town.
Others present for the meeting were: City Attorney Robert Bamburg, IT
Director Barbara McDaniel, Director of Administration Jim Durham, Finance
Director Cheryl Erkel, Public Works Director Jim Oakley, Human Resource
Director Jill Ross, City Engineer Jay Whisker, Parks and Recreation
Director Kevin House, Police Chief Gary Sipes, CDBG Director Theresa
Watson, Fire Chief Alan Laughy, 911 Communications Director Tabby Hughes,
Code Enforcement Officer Charlie Jenkins, Planning Commissioner Jim
Moore, Johnny Simpson, Attorney John Ogles, Keith Webber, Freddie Booker,
interested citizens, and members of the press.
PRESENTATION OF MINUTES:
Vice Mayor Elliott presented the minutes of the regular City Council
meeting of November 7, 2013 for approval and/or correction at the next
regularly scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Ray moved, seconded by Alderman Bolden that the minutes of the
regular City Council meeting of 17 October 2013 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved, seconded by Alderman Mashburn to approve the Regular
Monthly Report for October 2013 regarding annual crime statistical
comparisons.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved, seconded by Alderman Mashburn to approve the regular
monthly report for October 2013 from the Jacksonville Fire Department,
reflecting a fire loss of $10,500.00 and a savings total of $168,500.00.
REGULAR MONTH REPORT/ANIMAL CONTROL
Alderman Ray moved, seconded by Alderman Mashburn to approve the regular
monthly report for October 2013.
ADOPTION FEES/FINES $2,000.00
CONTRIBUTIONS 25.00
TOTALS $2,025.00
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2013
7:00 P.M. – 7:20 P.M.
ROLL CALL: Aldermen: Bolden, McCleary, Sansing, Ray, Mashburn, Traylor,
Twitty and Robinson voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENTS:
FIRE DEPARTMENT:
POLICE DEPARTMENT: a. PUBLIC HEARING ORDINANCE 1504 (#35-13)
AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT
VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS FOR BALANCES
DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR
OTHER PURPOSES.
Vice Mayor Elliott opened the public hearing at approximately 7:02 p.m.
Code Enforcement Officer Charley Jenkins stated that he is presenting 93
properties liens regarding property maintenance. He related that the
City mowed 370 lots representing 117 properties, adding that the total
costs of the liens is $51,454.74.
Discussion ensued regarding three lots in the Stonewall Subdivision,
Alderman Bolden concurred with Code Enforcement Officer Charley Jenkins
that any liens were assigned correctly to the previous property owners.
City Attorney Bamburg clarified that one of the lots has had several
liens in the past, explaining that Code Enforcement and his office has
been in touch with the Bank who will be responsible for the lien. He
noted that if the issue is resolves prior to the filling of the liens it
will be removed from the lien list.
Attorney John Ogles addressed the City Council, stating that he
represents Jack Krepps the owner of 144 North Avenue. He questioned the
lien amount of $703.91 as being an unreasonable amount for mowing.
Code Enforcement Officer Charley Jenkins offered a breakdown of the
costs, explaining that the property is considered a small yard but all
costs incurred by the City to mow the property is part of the total. He
explained that the assessment amounts are $100.00 per mowing for small
yards and $200.00 for large yards. He then answered that the yard was
mowed four times, explaining that the front yard is small but the back
yard extends out. He noted that the person from Parks and Recreation who
mows the yard would make the determination if the yard is considered to
be small or large.
Attorney Ogles stated that he felt $100.00 per mowing for a small yard is
excessive.
Code Enforcement Officer Jenkins offered the City Council photographs of
the yard before being mowed.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2013
7:00 P.M. – 7:20 P.M.
City Attorney Bamburg noted that in additional to the costs incurred by
the Parks and Recreation Department for mowing, the City Council has
approved administrative fees as well as a $25.00 fee for yards that are
mowed on a repeated basis.
In response to a question from Alderman Ray, Mr. Ogles stated that he is
challenging the cost, adding that he feels the amount to be excessive.
City Attorney Bamburg informed the City Council that if the fee is
adjusted for this property it would have to be adjusted for all
properties.
Police Chief Gary Sipes stated that the Parks Department has more
important jobs than cutting yards. He stated that the City is not a
cheap alternative for residents that do not maintain their property. He
reminded the City Council that property owners are notified in advance
and given an opportunity to avoid any lien charges. He noted that Mr.
Krepps was notified at the beginning of the year and went to the Board of
Adjustment for an additional extension of time but still did not take
care of the issues. He stated that Mr. Krepps has not done anything to
avoid these lien charges.
Vice Mayor Elliott noted that some property owners were letting the City
mow their yards rather than them doing it themselves.
With no further comments, Vice Mayor Elliott closed the public hearing at
approximately 7:11 p.m.
Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1504 be
placed on FIRST READING. ROLL CALL: Aldermen Bolden, McCleary, Sansing,
Ray, Mashburn, Traylor, Twitty and Robinson voted AYE. NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance
1504.
Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance
1504 on FIRST READING and suspend the rules and place Ordinance 1504 on
SECOND READING. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray,
Mashburn, Traylor, Twitty and Robinson voted AYE. NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance
1504.
Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance
1504 on SECOND READING and to further suspend the rules and place
Ordinance 1504 on THIRD and FINAL READING.
Alderman Sansing stated that 144 North Avenue is in his Ward and he is
aware that several notices were sent to the property owner. He added
that the way to prevent these lien charges is to take care of the
property.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2013
7:00 P.M. – 7:20 P.M.
ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Mashburn, Traylor,
Twitty and Robinson voted AYE. NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 1504.
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1504 be
APPROVED AND ADOPTED. ROLL CALL: Aldermen Bolden, McCleary, Sansing,
Ray, Mashburn, Traylor, Twitty and Robinson voted AYE. NAY (0). MOTION
CARRIED.
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ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1504 THIS 21 DAY OF NOVEMBER
2013.
b. ORDINANCE 1503
AN ORDINANCE AMENDING AND CORRECTING ORDINANCE NO. 1494 (#25-2013) AND
RE-CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS
WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, FOR BALANCES DUE FROM SERVICES
RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES.
City Attorney Bamburg noted that Ordinance 1494 was adopted in July,
explaining that there were discrepancies regarding the legal descriptions
for a few of the properties. He stated that this Ordinance is being
proposed to correct those discrepancies in order to have them filed on
County record and have the liens to be assessed appropriately. He
clarified that passage of Ordinance 1503 will replace Ordinance 1494,
emphasizing that it will not assess double liens.
Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1503 be
placed on FIRST READING. ROLL CALL: Aldermen Bolden, McCleary, Sansing,
Ray, Mashburn, Traylor, Twitty and Robinson voted AYE. NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance
1503.
Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance
1503 on FIRST READING and suspend the rules and place Ordinance 1503 on
SECOND READING. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray,
Mashburn, Traylor, Twitty and Robinson voted AYE. NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance
1503.
Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance
1503 on SECOND READING and to further suspend the rules and place
Ordinance 1503 on THIRD and FINAL READING. ROLL CALL: Aldermen Bolden,
McCleary, Sansing, Ray, Mashburn, Traylor, Twitty and Robinson voted AYE.
NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1503.
Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1503 be
APPROVED AND ADOPTED. ROLL CALL: Aldermen Bolden, McCleary, Sansing,
Ray, Mashburn, Traylor, Twitty and Robinson voted AYE. NAY (0). MOTION
CARRIED.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2013
7:00 P.M. – 7:20 P.M.
st
ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1503 THIS 21 DAY OF NOVEMBER
2013.
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL:
APPOINTMENT(S): CENTRAL ARKANSAS LIBRARY SYSTEM (CALS)
Alderman Ray moved, seconded by Alderman Bolden to recommend the
appointment of Kirby Miraglia to the Central Arkansas Library System for
a term to expire 12/31/2016. MOTION CARRIED.
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ANNOUNCEMENT(S): Holiday Lighting Ceremony will be held December 6 @
6:30 p.m. at City Hall.
ADJOURNMENT: Without objection, Vice Mayor Elliott adjourned the meeting
at approximately 7:20 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR GARY FLETCHER
City Clerk-Treasurer
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