05 AUG 04.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2005
7:00 P.M. – 7:40 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 August 4, 2005 at the regular meeting place of the Council.
Alderman Lewis delivered the invocation and Mayor Swaim led a standing
audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Rinker,
Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also
answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0).
Others present for the meeting were: City Attorney Robert Bamburg, Acting
Deputy Clerk Shari Boles, Human Resource Director Charlie Brown, Finance
Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director
Jim Oakley, Fire Chief John Vanderhoof, Police Chief Robert Baker, Parks
and Recreation Director George Biggs, Mrs. Judy Swaim, Mrs. Lendy Lewis,
Mrs. Edith Smith, Mrs. Helen Stroud, Mrs. Karin Mushrush, Mr. George
Reed, Mr. Larry Dupree, Mr. Larry Smith, interested citizens and members
of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of
July 21, 2005 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 Howard that the minutes of the
Regular City Council Meeting of 7 July 2005 be APPROVED. MOTION CARRIED.
CONSENT AGENDA:
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1257 (#19-05)
AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS
UNINHABITED LOCATIONS LISTED BELOW IN JACKSONVILLE, ARKANSAS, FOR
STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; AND, FOR
OTHER PURPOSES.
Mayor Swaim opened the public hearing at approx 7:03 p.m. and opened the
floor for representatives or property owners to address individual
properties.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2005
7:00 P.M. – 7:40 P.M.
Mr. Alex Davidson addressed the property of 131 Jaxon Street. He
informed the City Council of a recent Supreme Court case of Kalow vs. the
City of New London, Connecticut. He explained that the City of New
London, Connecticut established a redevelopment district and began taking
property. He stated that the redevelopment authority purchased property
but that some of the property owners were not willing to sell.
Mayor Swaim explained that the New London case was a different matter,
adding that the City of Jacksonville is not taking property for City or
private use.
Mr. Alex Davidson stated that he did not agree and continued explaining
that the New London City Council condemned the property. He stated that
the Supreme Court ruling said that the City of New London had the right
to do so, adding that two things have to be in place before that happens,
one there has to be an economic plan for the redevelopment area and there
has to be just compensation to the property owners. He stated that as
far as he is aware there is not an economic redevelopment plan in place
for the Sunnyside Addition and Mayor Swaim concurred.
Mr. Alex Davidson continued that also as far as he is aware the City of
Jacksonville has not offered any just compensation for the condemnation
of property.
Mayor Swaim concurred that the City of Jacksonville has never offered
compensation for structural condemnation.
Mr. Alex Davidson stated that the City will find itself highly
actionable, adding that that he is married to an attorney.
Mayor Swaim stated that the action of the City is different from the
situation described by Mr. Davidson. He then deferred to City Attorney
Bamburg for legal clarification.
City Attorney Bamburg stated that the case mentioned by Mr. Davidson has
no relevance to the current condemnation situation. He continued that
there is a huge difference between a “taking” such as with the New London
case and a condemnation. He stated that the present action is a
structural condemnation because of the hazardous conditions that exist on
the property, which is vastly different.
Mr. Alex Davidson stated that occasionally he reads the publication “Law
Week”, which addressed condemnations for any use, not just economic
redevelopment or blight.
Mayor Swaim stated the City of Jacksonville has prevailed in court and
that Arkansas State Statutes allows municipalities condemnation
provisions.
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Alderman Fletcher stated that if the City did not condemn the houses they
could be used by drug dealers, adding that the area has a good number of
elderly residents and the property needs to be cleaned up. He stated
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2005
7:00 P.M. – 7:40 P.M.
that the City does not take joy in having to condemn properties. He
stated that living next door to these properties would not be a desirable
circumstance, asking Mr. Davidson how he would feel living next door.
Mr. Davidson stated that he actually lives in downtown Little Rock, which
he feels is far worse than the Sunnyside Addition. He stated that he
would like to see the City come up with a redevelopment action plan.
Mayor Swaim stated that in the last five years the City has made a very
strong effort in the Sunnyside Addition, noting a pilot program that was
the first of its kind in the State, where the City builds homes for
resale. He added that another property from that program was sold very
recently. He stated that some of the properties came from condemnations,
where the property owners had donated the lot to the City. He stated that
there were probably three new homes constructed and several
rehabilitations regarding the program.
Mr. Alex Davidson stated that he did not know what the answer for the
neighborhood is and that no one present can tell him what the answer is,
adding that if the City can come up with a good plan for the area he
would be happy to support it.
Alderman Ray asked Mr. Davidson what he would like to do with his
property, Mr. Davidson stated that he could spend $5,000.00 tomorrow on
the properties and in six months, it would be back in the same shape. He
stated that he has even had a front door stolen from one of the
properties, adding that he is not blaming the Police Department or trying
to say that they do not patrol the neighborhood.
Alderman Ray stated that if the City can refurbish properties in the
area, Mr. Davidson could refurbish his own properties and that if Mr.
Davidson had fixed his houses he would not be in City Council tonight.
Mr. Alex Davidson stated that he “cannot make any money out of it and he
can not justify it.” He then complained that he still gets letters to
mow the grass on properties that have already had the houses bulldozed by
the City, adding that it is not as if he is walking away and washing his
hands of the situation, adding that he is over there three or four times
a week.
Alderman Twitty reiterated the question to Mr. Davidson regarding any
plans for his property, asking him if he just wanted to see the houses
rot and fall to the ground.
Mr. Davidson stated that he could not see any smart thing regarding the
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property right now.
Alderman Twitty clarified, so you would rather just let the properties
sit until the houses rot and fall down.
Mr. Davidson replied “probably, yeah.”
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2005
7:00 P.M. – 7:40 P.M.
Alderman Stroud added that such action would not be fair to the other
residents of the neighborhood.
Mr. Glen Davidson approached the microphone to address the City Council
and Mayor Swaim deviated in the list to allow Mr. Glen Davidson to
address the next property owned by the Davidsons at 193 Roosevelt Avenue.
Mr. Glen Davidson stated that he would like to ask a question of each of
the members of the Council, asking “how many have read the Constitution
of the United States and actually understood what it meant.” He stated
that the Fifth Amendment has two qualities to taking property, one is
just compensation. He related that they have never received just
compensation for these properties. He posed the question, what about the
just compensation for the taking of real property illegally, and asking
when he would receive just compensation for the taking of that real
property.
Mayor Swaim explained that just compensation only applies to a true
“taking”, while what is before the City Council is a condemnation. He
stated that there is a big difference between a taking and a
condemnation.
Mr. Glen Davidson requested that the City of Jacksonville through the
laws of Eminent Domain provide them with a court hearing with an unbiased
court and a jury. He stated that he had never received due process of
law and that his Fifth and Fourteenth Amendment rights have been
violated. He stated that he wants due process of law, and to go to court
and have a jury of peers to hear the case. He reiterated that he wants
to go to court.
Mayor Swaim reminded Mr. Davidson that the City has been to court with
him in the past and that Mr. Davidson lost his case.
Mr. Davidson disagreed with the findings of the court, and stated that
for these three houses he would like a day in circuit court with a jury
trial.
Mayor Swaim explained that State Statute provides for the process being
followed by the City and the City is not required to go to court. He
stated that this public hearing is for that purpose.
Mr. Glen Davidson argued that this is not a court of law.
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Mayor Swaim stated that the City does not have to go through a court of
law for a structural condemnation.
Mr. Glen Davidson stated that under Eminent Domain the City has to go
through a court of law. He thanked the City Council and stated that he
would see them in court.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2005
7:00 P.M. – 7:40 P.M.
Mayor Swaim presented the property of 138 Pike Avenue, noting there was
no one present to represent the property. He presented the property of
106 Roosevelt Road, noting there was no one present to represent the
property. He then presented the property of 3509 South Ridge Drive,
noting there was no one present to represent the property. He then noted
that the house at 3509 South Ridge has been torn down but the debris has
not been removed from the property. He stated that the property
addressed 137 Joiner Avenue has been removed from the list because of
substantial improvements to the structure located on the property.
Alderman Fletcher stated that in speaking of rights, along comes
responsibility. He stated that what a resident does affects his
neighbors and in speaking about just compensation, he asked Mr. Davidson
if he would be willing to pay his neighbors just compensation for their
loss of property values by allowing these structures to stand and
deteriorate. He stated that it is unfortunate for the entire community
as blight on the City.
Mr. Davidson stated that each one of his houses gets a notice from the
City Inspector every three weeks that the grass has to be cut, he
continued that he lives in Foxwood and that the house at the corner of
Gray Fox and Madden Road has not cut their grass in 9 weeks. He stated
that he would be willing to bet that the City has not sent a letter to
the owner of that property to cut his grass. He stated that it is not
fair or just.
Mayor Swaim noted that in the report from the previous City Council
meeting there were over 278 grass letters sent out, pointing out that Mr.
Davidson is not the only resident to receive grass letters.
Mr. Davidson stated that he has over 250 letters sent to his house. He
stated again that the City Council is not a court of law, adding that he
will conclude and see them in court.
City Attorney Bamburg clarified for the City Council that there is a vast
difference in a “taking” and a “condemnation” both in reality and in the
law. He stated that in this circumstance the procedures followed by the
City regarding the notice that had been given by the Code Enforcement
Office, adding that these properties have had notice since March/April
time frame. He stated that the City has complied with what State law
provides and will continue to follow those procedures.
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Alderman Elliott stated that “taking of property” and “eminent domain”
and condemnation for unsafe structural effect and public hazard are two
different things, adding that what the City of Jacksonville is doing is
no different from what the City of Little Rock does and has withstood
court challenges many times.
Mayor Swaim closed the public hearing at approximately 7:17 p.m.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2005
7:00 P.M. – 7:40 P.M.
Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1257 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance
1257, pointing out the exclusion property addressed as 137 Joiner Street.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1257 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Smith to suspend the rules
and place Ordinance 1257 on SECOND READING. ROLL CALL: Alderman
Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and
Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1257, noting the exclusion of 137
Joiner Street.
Alderman Smith moved, seconded by Alderman Howard to further suspend the
rules and place Ordinance 1257 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 1257, noting the exclusion
of 137 Joiner Street.
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1257 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1257 THIS 4 DAY OF AUGUST 2005.
Mayor Swaim noted that the ordinance carries a 30-day waiting period
followed by the properties going to bid for demolition of the structures.
He noted the cost to be approximately $6,000.00 per house. He stated
that he wanted it noted that the process takes a long time and that
several residents have made the effort to improve their property and as a
result have been removed from the list. He noted that the City budgets a
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certain amount annually to addressed condemnations, adding that the City
of Little Rock has projected over $200,000.00 for their condemnations.
b. PRESENTATION of the 2004 Annual Audit and CAFR
Mr. Gerald Clark of McAllister and Associates credited Finance Director
Paul Mushrush and his staff for the presentation of the CAFR.
He stated that on behalf of McAllister and Associates he would like to
express their appreciation for the opportunity to perform the 2004 audit
and the financial statements for the City. He added that he is pleased
to present the 2004 Comprehensive Annual Financial Report better known as
the CAFR. He stated that the CAFR is a thorough, detailed presentation
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2005
7:00 P.M. – 7:40 P.M.
of the City’s financial position and activities for the fiscal year. He
related that for seven consecutive years, Jacksonville has been awarded
the prestigious “Certificate of Achievement for Excellence in Financial
Reporting” by the Governments Finance Officers Association of the United
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States and Canada. He pointed out that the report for 2004 marks the 8
year for the City to publish a Comprehensive Annual Financial Report.
He stated that as in 2003, the 2004 report was prepared under the
provisions of Governmental Accounting Standards Board (GASB) Statement
No. 34, - “Basic Financial Statements - and Management’s Discussion and
Analysis for State and local governments.” He stated that features of
the Report included Management Discussion, Analysis, and the government-
wide financial statements, which focus on a long-term perspective similar
to private sector financial reporting.
He stated that the 2004 CAFR was audited by McAlister and Associates and
the City received an unqualified opinion included on page eleven of the
Report. He clarified that an unqualified opinion is the highest
obtainable opinion. He explained that the CAFR is a valuable tool that
enables City officials and investors to make financial decisions from
sound and timely information, adding that this Report provides an
independent accounting of the financial condition of the City.
He highlighted aspects of the 2004 report, stating that as indicated by
the CAFR, 2004 ended with City reserves in good fiscal health, adding
that the City experienced an overall growth in governmental revenues
fueled by a robust local economy, that at the end of 2004 seemed to be
trending upward. He related that fund balances have been maintained in
line with financial policies and adopted budgetary guidelines as a result
of prudent fiscal management and cost containment controls Citywide.
He stated that the significant financial highlights include the total
operating revenues for 2004 of 19.1 million dollars compared to 14.3
million in 2003, an increase in approximately 34%. He stated that this
increase is almost entirely attributable to increased County and City
sales tax collections, including 3.3 million from the new one-cent City
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sales tax, which became effective January 1, 2004. He stated that for
the fiscal 2004, sales tax revenues constituted 65% of City total
revenues with State tax turnbacks and other intergovernmental revenues
and grants contributing approximately 15%.
He related that total operating and capital expenditures in 2004 were
16.7 million dollars, up 13% over 2003. He stated that the significant
part of this increase was attributed to construction in progress of the
City’s new water park, which amounted to 1.3 million dollars at that
time. He noted that there was also a 2.6% increase in General Fund
operating expenditures over 2003.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2005
7:00 P.M. – 7:40 P.M.
He continued that the overall fund balance of the City’s operating and
special revenue funds at the end of 2004 was 15.2 million, of that amount
approximately 11 million dollars was reserved or had been designated by
City Council for either future projects, contingencies, or for the year
2005 budget. He stated that the fund balance of the General Fund, which
is the major operating fund of the City, increased approximately $750,000
during 2004, bringing the balance to just over 2 million dollars at the
end of the year. He added that the unreserved portion of this balance
represents approximately 15% of annual General Fund operating
expenditures, up from 9% at the end of 2003. He stated that the 15%
figure is a good healthy percentage for General Fund reserves.
He stated that the auditors’ report provides a statement by them
attesting to the fair presentation of the financial data in conformity
with Generally Accepted Accounting Principles and Government Accounting
Standards. He stated that there were no reportable conditions on
internal control or material instances of noncompliance with laws and
regulations relating to the audit of the financial statements. He stated
that there were no audit findings or questioned costs relative to Federal
grant award programs for 2004.
He related that they have issued a formal management letter, included
with the annual report, which is a customary and by-product of the audit
process and is intended to provide management with suggestions and
guidance in the ongoing effort to improve internal controls. He added
that although the items noted in the letter do not involve material
financial issues, the management has agreed that improved controls are
warranted and has set about to implement the recommendations.
He stated that the City’s financial policies are designed to promote
sound financial management and ensure that the City’s fiscal integrity
remains intact, adding that this Comprehensive Annual Financial Report
reflects the implementation of these guidelines. He related that the
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effort put forth to produce a Comprehensive Annual Financial Report in
full compliance with Governmental Accounting Standards should not go
unrecognized. He offered special recognition to the City’s Finance
Department for their outstanding accomplishment in completing the
project. He extended a special thanks to each member of the Department
by name for their contributions to the report.
Mayor Swaim stated that he is proud to point out that the target
percentage for the fund balance is 16%, which is currently at 15%. He
stated that allows the City to have a healthy cash flow preventing any
such time when the City would not be able to meet its cash flows. He
stated that part of the aquatics park monies was due to the City being
able to collect the Use Tax that the State had been holding, which
allowed for completion of the park at an earlier date.
In response to a question posed by Alderman Fletcher, Mr. Clark stated
that the recommendations for the Courts were different from those
presented the previous year and are mainly a matter of housekeeping
issues.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2005
7:00 P.M. – 7:40 P.M.
Mayor Swaim stated that efforts are already in place with the Courts to
implement those recommendations.
Mr. Clark added that with the upcoming bond issue, it is important to
produce a good Comprehensive Annual Financial Report regarding investors
and their considerations in bond issues.
The City Council thanked Mr. Clark for his presentation.
Alderman Smith moved, seconded by Alderman Elliott to accept the 2004
audit report and its findings. MOTION CARRIED.
APPOINTMENT(S): HOSPITAL BOARD
Alderman Elliott moved, seconded by Alderman Smith to approve the
reappointment of Mrs. Pat Bond to the Hospital Board for a term to expire
6/30/2010. MOTION CARRIED.
ANNOUNCEMENT(S):
ST
RESCHEDULE SEPTEMBER 1 CITY COUNCIL MEETING
Mayor Swaim explained that the current LRAFB Wing Commander, General
Reheiser is leaving and is having a going away dinner which is in
st
conflict with the September 1 City Council meeting. He asked that the
City Council consider an earlier meeting time of 6:00 p.m. rather than
7:00 p.m.
Alderman Elliott moved, seconded by Alderman Fletcher to move the meeting
st
time of the September 1 City Council meeting to 6:00 p.m. MOTION
CARRIED.
CART PILOT PROGRAM
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Alderman Stroud stated that he was elated to see that most of the
citizens’ survey was pleased with the program, regarding the 85% approval
rating. He stated that although the money is not available at present he
feels it should be a future consideration for implementation.
Mayor Swaim informed the City Council that there are considerations to
form a committee early next year to look at those possibilities and begin
setting aside funds. He stated that the cart program would be expensive
to implement, adding that with the projected growth the City might be
able to have implementation in approximately one year or so for primarily
new growth areas, starting in one section of town and slowly progressing
through the rest of the City. He noted that there would be a huge
capital outlay for containers and specific equipment, adding that the
City will need some lead-time to work out those issues.
Alderman Smith noted issues regarding considerations for the newly formed
committee to address Animal Control ordinances, relating an incident
regarding a dog bite in his neighborhood, which required the person going
to the hospital for a tetanus shot.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2005
7:00 P.M. – 7:40 P.M.
Alderman Fletcher concurred, relating complaints from citizens who have
to alter their walking or jogging route to prevent coming into contact
with known animals in certain areas.
Mayor Swaim pointed out a recent case that involved a dog running at
large who bit two citizens and was declared vicious by the Animal Control
Department; he added that the owner has appealed the case to his office
to prevent the dog from being declared vicious.
Parks and Recreation Director George Biggs announced an employee pool
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party at the Splash Zone scheduled for August 13, inviting members of
the City Council to attend.
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at
approximately 7:40 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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