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03 SEP 04.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2003 7:00 P.M. – 7:50 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 September 4, 2003 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Vice Mayor Howard led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Lewis, Sansing, Ray, Fletcher, Stroud, and Twitty answered roll call. Vice Mayor Howard also answered ROLL CALL declaring a quorum. PRESENT eight (8), ABSENT (2). Aldermen Smith and Wilson were absent. Mayor Swaim was out of town on City business. Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Director of Human Resources Charlie Brown, CDBG Director Theresa Watson, City Engineer Jay Whisker, Director of Public Works Jim Oakley, Parks and Recreation Director George Biggs, Police Chief Ruthven, Fire Chief Vanderhoof, Mrs. Addie Gibson, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Vice Mayor Howard presented the minutes of the Regular City Council meeting of August 21, 2003 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 Sansing that the minutes of the Regular City Council Meeting of 7 August 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA: DEVIATION IN AGENDA: INOPERABLE VEHICLES In response to a question posed by Alderman Stroud regarding difficulties enforcing the ordinance regulating inoperable vehicles, City Engineer Whisker responded that some residents have placed inoperable vehicles behind locked gates to their backyards. He related that City Attorney Bamburg is addressing those issues. City Attorney Bamburg clarified that regarding some points of the Law it presents legal difficulty to breach the peace in order to affect an ordinance without proper legal action before obtaining entry. In response to a question posed by Alderman Stroud, City Attorney Bamburg stated that in some cases it may mean obtaining a search warrant if ready access is not available. He then responded that the time varies depending on the circumstances, adding that each circumstance has to be assessed independently by the Judge. WATER DEPARTMENT: 1 WASTEWATER DEPARTMENT: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2003 7:00 P.M. – 7:50 P.M. FIRE DEPARTMENT: Request to Accept Bid for 2003 Type III Ambulance Chief Vanderhoof stated that three bids were submitted for an ambulance that was budgeted for 2003. He recommended Emergency Service Supply based in Jacksonville, over the lowest bid submitted by Life Line of Iowa. He explained that Emergency Service Supply meets all specifications and has a local service center, adding that Life Line of Iowa did not meeting all the specifications and does not have a local service center. He noted the difference between the two bids is $339.00. Alderman Fletcher moved, seconded by Alderman Stroud to accept the bid from Emergency Services in the amount of $96,450.00 with funds to be drawn from the Fire Department Budgeted Equipment Fund. MOTION CARRIED. POLICE DEPARTMENT: PRESENTATION “METH AWARE” by Lieutenant Mike Davis Chief Ruthven related that he had attended a regional methamphetamine planning conference in North Little Rock where a presentation called “Meth Aware” was offered, describing a program implemented by the North Little Rock Police Department to educate citizens, and city leaders about the detrimental aspects of the drug Methamphetamine. He stated that he had asked Lieutenant Mike Davis to make the presentation and explain what the North Little Rock Police Department is doing. He introduced Lieutenant Mike Davis, Detective Kim Francisco of the North Little Rock Narcotics Division and Melissa Clanton of the North Little Rock Police Department and the Juvenile Justice Court. Lieutenant Mike Davis related that North Little Rock began the program last April as an attempt to educate the community concerning the narcotic Methamphetamine. He referred to a display of commonly sold household chemicals, explaining that part of the problem is the easy availability of the products. He stated that by establishing a good working relationship with the various agencies in Pulaski County it can help make a difference in attempts to educate and inform about narcotics. He introduced Detective Kim Francisco to begin the presentation. Detective Kim Francisco stated that for the last several years, Arkansas has ranked among the top states per capita for Methamphetamine use and production arrest. She stated that the program to educate the community arose when the same people were being arrested repeatedly. She stated that most citizens are not informed, pointing out that it is growing in epidemic proportions. She related that because the prisons are becoming over crowed, authorities have to come up with other solutions. She related one-year ago North Little Rock received a grant through the Department of Justice for $222,000. to educate the public regarding narcotics. She reviewed the difference between Methamphetamine and Cocaine, pointing out that Methamphetamine is typically smoked and the high can last as long as 24 hours. She added that it is a highly addictive drug, noting that the other difference from Cocaine is that the user can produce the product rather than having to use a drug dealer. 2 She stated that the ingredients can be purchased at Walgreens or Wal-Mart and explained that production of Methamphetamine is not a money making proposition as much as it is a way for users to fund their own addiction. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2003 7:00 P.M. – 7:50 P.M. She pointed out that in 1995 approximately 25 Meth labs were discovered and that in 2002 there were approximately 952 Meth labs. She stated that year to date there have been 750 Meth labs, which is 200 more than this time last year. She related that DEA has stated that approximately 90% of the Meth labs discovered had children either present or living in the home at that time. She recounted a recent television news story regarding a Meth lab explosion with three children present in the home, adding that the children were unharmed. She pointed out that production of Methamphetamine in the home leaves many residual affects that have been documented to be harmful to children present in the home. She related that the average Meth lab clean up costs approximately $4,500, with some costing as much as $150,000 totaling over 4 million dollars last year. She stated that currently DEA is funding the cleanups, but pointed out that a few years ago DEA had run out of funds and the State had to contribute, explaining that cities were at a loss because no one had the funds for cleanups. She reviewed discarded chemical locations, pointing out one to be a manhole in Rose City that was discovered by the Sewer Department. She stated that often the discarded liquid is poured down the drains, relating that there is an average of 5 to 6 pounds of Meth lab trash from a production. She related the danger associated with the discarded trash from a Meth lab for anyone who might come into contact. She explained that the material is explosive and toxic. She related that currently the State does not have any requirements to inform homebuyers that a Meth lab had previously been operated in a home. She elaborated on the potential health risk to children and pregnant women, adding that the chemicals seep into the floors and walls. She stated that there are no regulations to remove carpeting or inform future occupants of previous activity in the home. She related that the part of the “Meth Aware” program is displaying signs at stores that states suspicious purchase are reported to the North Little Rock Police Department. She related that the purchases are then tracked. She added that many stores are reporting suspicious activity and are working with the Police Department. In response to a question posed by Alderman Ray, Detective Kim Francisco related that a large quantity of matches is purchased for the striker plate, which contains red phosphorous used to produce Methamphetamine. The City Council thanked the North Little Rock Police Department for their presentation. Chief Ruthven informed the City Council that he had received notification from Senator Blanche Lincoln’s Office that the request for a Cops Universal Hiring Grant has been approved. He stated that the Grant is 3 approximately $225,000.00 to hire three additional officers in addition to the two school officers that were approved in April with funding of $229,000. He stated the officers would be hired as part of the up coming test cycle in October. Vice Mayor Howard question when the City would have to begin funding the salaries. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2003 7:00 P.M. – 7:50 P.M. Chief Ruthven related that the Grant for the two school officers required no matching City funds and would fund those salaries for three years. He added that the current Grant would fund three officer salaries for three years and then the City would fund those salaries for the fourth year, which is a stipulation of the Grant. He noted the possible elimination of Universal Grants in 2004, adding that he is pleased that the 2003 request has been approved. Alderman Fletcher questioned what resources are planned to address Methamphetamine issues in Jacksonville. Chief Ruthven related that the narcotics section was increased by one officer, adding that he hopes to be able to add another person to that section. He referred to the nuisance abatement program, pointing out that adoption of such a program would require an additional officer, adding that it could be possible that the additional officer could do both programs since they are related and are educational in nature. He stated that if he can obtain the manpower, both are promising programs that he would like to address. Alderman Fletcher stated that offenders who have brought children into their crimes should carry stricter sentences that are enforced with full jail time. Chief Ruthven noted that a lot of crime can be tied to drug activity. He pointed out the dilemma to incarcerate repeat offenders particularly when it is not a violent crime. He stated that the entire package regarding education, manpower from Police and citizen assistance, and incarceration capability by increasing jail space needs to be addressed. He then agreed that while law enforcement has the lead it is a community problem and needs to be addressed as such. SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: ORDINANCE 1202 (#10-03) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT THE VARIOUS UNINHABITED LOCATIONS LISTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. 4 City Engineer Whisker stated that each year a list of houses with structural problems is compiled, explaining that some houses are quickly removed from the list while others take longer. He stated that he has sent second letters to the owners admonishing a lack of contact with his Office. He added that since that time all the owners have contacted him. He presented photographs of the property, saying that 162 Roosevelt was a burnout that was issued a building permit in April 2002. He related that the owner received CDBG funding in January 2003. He then explained that CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2003 7:00 P.M. – 7:50 P.M. he had set deadlines for each of the four owners to have something accomplished by 18 August 2003. He pointed out that he had requested the owner of 162 Roosevelt Road to have the roof on the structure. He th stated that while the owner was unable to make the August 18 deadline, he has since fully roofed the house noting that the gable in the rear has not been finished but the owner is currently working on it. He stated that a Code Enforcement Officer has not made an inspection yet, adding that the owner had conveyed that he has completed the back wall. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1202 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Lewis, Sansing, Ray, Fletcher, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1202 and the property addresses. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1202 be accepted on FIRST READING. Discussion regarding each property ensued and Mr. Robert Phillips of 900 Trickey Lane related that his son is the owner of the house at 162 Roosevelt. He stated that it took some time after the house burned to get a CDBG Grant, explaining that then bad weather set in. He then related that when they began work, the Code Enforcement Inspectors informed him that the repairs could not be done in that manner. He stated that he has diagrams of the proposed work regarding the trusses, but the Code Enforcement Officers told him that he could not do it that way. He related that he has been doing that kind of work for 40 years, adding that he was not able to get additional funds from CDBG because Code Enforcement had said he could not do the work that way. He explained that he had to wait until he was able to purchase additional material, adding that in the process he received a letter from City Engineer Whisker. He related that by that time he was able to go to work on the project but had received additional letters from City Engineer Whisker conveying that he has not complied by notifying the Engineering Department. He stated that he has continually talked with City Engineer Whisker, adding that City Engineer Whisker did not relate the entire story to the newspaper. He admitted that he has been a little slow, adding that he cannot work on it a lot because he and his son have to work full-time jobs. 5 Alderman Ray questioned if his intent is to put the house back in livable conditions. Mr. Phillips stated most defiantly, and that he is working on it. He added that he needs more time. He said that between now and winter he should have completed, saying all he lacks is cleaning up the outside debris, and having the trailer hauled off. He related that he has an electrician waiting, saying that there has been a new meter loop set. In response to a question posed by Alderman Stroud, Mr. Phillips stated that he has a building permit, but has not had a framing inspection because it is not ready. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2003 7:00 P.M. – 7:50 P.M. Discussion ensued regarding the construction of the trusses, Mr. Phillips stated that he is not completed yet. Alderman Stroud informed Mr. Phillips that the work could not be covered until it was inspected by the Code Enforcement Officers and then noted that the construction of the eves did not comply with City regulations. He noted that the property has not been cleaned up. Mr. Phillips stated that he asked the City to help him get the debris picked up, adding that he does not have the money to have it hauled away. He stated that if the Grant covers him hauling the trash off then he could do that, but until then it will have to wait until he can get together the money to haul if off. Alderman Stroud stated that he is sympathetic to granting more time, but added that the property needs to be cleaned up and brought up to specifications and completed within 90-days. Mr. Phillips stated that he is going to try his best, but reiterated time demands concerning a full-time job. Alderman Stroud voice concerns for the neighbors regarding the unsightly debris. Mr. Phillips stated that he has been compliant in talking to City Engineer Whisker and the Code Enforcement Officer Marty Sanady continually. He then related that when he was told that he could not use the trusses that he had built, he called Mr. Sanady and informed him of four other residences built in Jacksonville with the same construction method passed by Code Enforcement. He added that neither Mr. Sanady nor any other Inspector did anything, but they have required him to spend $800.00 that he cannot afford. In response to a question from Alderman Fletcher, Mr. Phillips stated that he threw the old trusses out into the back yard and bought 2 X 6 material for the roofing. Discussion ensued regarding inspections; Mr. Phillips stated that Code 6 Enforcement Officer Marty Sanady has been on the job site. Mr. William Phillips the owner of 162 Roosevelt stated that Mr. Sanady had told him that as soon as he got it painted and sealed, and then the electrician finished his work they would do a framing inspection. He assured the City Council that there would not be any sheet rock or insulation until the inspection. He went on to say that he has always told Mr. Sanady that if there are any problems he is willing to correct them. He stated that he is doing the work himself and that it is taking a while to build the house back. He stated that his goal is to be finished by Christmas. Alderman Lewis noted that a 90-day extension would end prior to Christmas but would be in the month of December. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2003 7:00 P.M. – 7:50 P.M. Mr. William Phillips stated that he would do his best. He reviewed his schedule of repairs, adding that the overhangs were not completed when he ran out of time and had to have the house dried in. He stated that he has done siding all his life and that would not be a problem. In response to a question posed by Alderman Lewis, Mr. William Phillips stated that he is trying to get a roll-off on site to clean up the debris. He stated that given the period for completion of the roof, he pealed off the decking and shingles and piled it in the yard. Alderman Fletcher stressed that the outside of the property needed to be cleaned up. Mr. William Phillips stated that when he got the letter setting a deadline, he made a mess when he was in a hurry to finish the roof. He added that he had to get the house dried in because it was what the City had requested. In response to a question posed by Alderman Sansing, City Engineer Whisker related that he has been in contact with Mr. Phillips several th times and that Mr. Phillips did try to complete the roof by August 18. He stated that the roof was completed Labor Day weekend. In response to another question from Alderman Sansing, Mr. William Phillips related that the dogs in the yard belong to him and that he takes care of them daily. He explained that he had a problem with material from the job site being stolen. City Engineer Whisker reviewed conditions at 190 Pike Circle, saying that the house has been in the same condition for some time. He noted that the problems are to the rear of the house regarding an addition to the residence and that the siding is not completed. He stated that the agreement was to have the rear of the structure completed by 18 August 2003. 7 Mr. Daniel Yancy of 705 South Redmond Road Apartment 3, stated that he inherited the property and has been working on the property. He stated that his plan is to remove the rear addition to the structure, adding that his Church is helping with lumber. In response to a question posed by Alderman Ray, Mr. Yancy stated that he would need at least a 60-day extension to complete the work. He then assured Alderman Stroud that in 90-days he could have the property cleaned. Alderman Stroud recommended that Mr. Yancy be granted a 90-day extension. City Engineer Whisker stated that there could also be problems with rot along the sides of the structure. Alderman Stroud recommended that Mr. Yancy obtain a building permit, and schedule property inspections. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2003 7:00 P.M. – 7:50 P.M. City Engineer Whisker addressed issues at 112 South Elm, saying that the owner began work on it but has since stopped. He stated that the project is close to completion but still has exposed wood. He related that the owner did obtain a building permit as of yesterday, adding that the building permit allowed him 90 days to complete the outside of the structure regarding all framing, electrical, plumbing and HVAC. Mr. George Royce of 101 Pulaski Avenue, stated that he plans to have the work completed in 90 days. He noted that the electrical has been completed, adding that he paid Taylor Electric $3,600.00 to finish the electrical work. Alderman Stroud stated that structurally the house looks good, adding that he did have some concern because the house has set for a long period without additional repairs. He noted that the grass was maintained and that he would recommend that Mr. Royce be granted a 90-day extension. Mr. Royce explained that he had suffered a heart attack. City Engineer Whisker addressed 307 South Oak, explaining that the sides of the structure started to bow out as the wood became wet underneath and started to rot. He related that Mr. Thompson has been in contact with the Engineering Department, explaining that Mr. Thompson is trying to sell the house and have the new owner demolish the house. He went on to say that a Church had made an offer but backed out. He stated that the owner is considering another buyer who may repair or demolish the house, otherwise he is planning to demolish the home. Alderman Stroud noted the house to be structurally unsound and recommended that the owner be granted 90 days to repair or demolish. 8 In response to a question posed by Alderman Elliott, City Attorney Bamburg related that the Ordinance could be approved on first reading and then hold second reading until it is deemed appropriate or the City Council could table the Ordinance for 90 days or the Ordinance could be passed with language that each of the properties has been granted a 90- day extension to come into compliance or be condemned. Vice Mayor Howard requested that the Ordinance be passed with language to address the 90-day extension. Alderman Stroud moved, seconded by Alderman Ray to amend the motion to approve on First Reading to include language to grant a 90-day extension for all properties involved and THAT ORDINANCE AND AMENDMENT be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Lewis, Sansing, Ray, Fletcher, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1202 on SECOND READING. ROLL CALL: Alderman Elliott, Lewis, Sansing, Ray, Fletcher, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1202 and the property addresses. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2003 7:00 P.M. – 7:50 P.M. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1202 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1202 and the property addresses. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1202 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Lewis, Sansing, Ray, Fletcher, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1202 THIS 4 DAY OF SEPTEMBER 2003. APPOINTMENT(S): ANNOUNCEMENT(S): Alderman Lewis reported that he has received a good medical report and is very encouraged. Vice Mayor Howard related that Mrs. Edith Smith had back surgery this morning. ADJOURNMENT: Vice Mayor Howard without objection, adjourned the meeting at approximately 7:50 p.m. Respectfully, 9 ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 10