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08 JUN 05.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2008 7:00 P.M. – 7:17 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 June 5, 2008 at the regular meeting place of the Council. Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Aldermen Rinker was out of town. Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Human Resource Director Jill Fourqurean, City Planner Chip McCulley, Fire Chief John Vanderhoof, Systems Administrator Barbara Daniel, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Police Chief Gary Sipes, Mrs. Addie Gibson, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of May 15, 2008 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 McCleary that the minutes of the Regular City Council Meeting of 1 May 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Stroud moved, seconded by Alderman Howard to approve the Regular Monthly Report for May 2008. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 13 Building Inspections 53 Business License 11 Electrical 74 Plumbing 66 HVACR 28 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 207 Notice of Noncompliance 3 Property Mowed 28 Towed 0 Trash Letters 45 Trash Removal 0 CONDEMNATIONS Property Maint. Letters 4 Structural Maint. Letters 14 Cost $1,940.75 Structural Repairs Made 5 Demolitions 0 CITATIONS 5 WARRANTS Arrest 0 Search 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2008 7:00 P.M. – 7:17 P.M. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Stroud moved, seconded by Alderman Howard to approve the Regular Monthly Animal Control Report for May 2008. Said report reflects: ADOPTION/FINES: $3,310.00 CONTRIBUTIONS: $ 0.00 TOTAL: $3,310.00 Alderman Stroud complimented the Animal Control Department for their progress regarding pit bulls in the City of Jacksonville. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Ray, Sansing, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: ORDINANCE 1338 (#5-08) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF TASER WEAPONS, ACCESSORIES, EQUIPMENT, AND SOFTWARE FOR THE JACKSONVILLE POLICE DEPARTMENT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1338 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1338. Alderman Smith moved, seconded by Alderman McCleary that Ordinance 1338 be APPROVED on FIRST READING. Chief Sipes related that the Department would be purchasing twenty tasers, explaining that the purchase price does include the training aids plus cartridges, holsters, camcorder and audio recorders. In response to a question from Alderman Fletcher, Chief Sipes stated that he feels comfortable regarding the safety aspect. He noted that there has been no instance of an unfavorable ruling regarding liability litigation toward any government agency. He then explained that the audio/video is automatically activated when the safety is switched off. He answered that the product is more effective than mace. He stated that the equipment is approximately 7” in length and fits comfortably on the officer’s belt. He then answered that training would take place at the Police Department by a certified officer of the Department. He explained that the Department would be purchasing tasers with both a 35’ and 21’ extension capability, but would actually be training with a 15’ extension. He stated that he feels the use of tasers would result in less injury to the officers, which would help with rising insurance premium costs. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2008 7:00 P.M. – 7:17 P.M. In response to a question posed by Alderman Twitty, Chief Sipes stated that it is his understanding that more deaths have been experienced with the use of OC pepper spray than with tasers. He explained the breathing difficulty with pepper spray. He stated it has not been proven that any death was directly related to be tasered. He noted the long-lasting effect from being sprayed as opposed to the five-second effect from the taser. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Smith to suspend the rules and place Ordinance 1338 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1338. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1338 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1338. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1338 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1338 THIS 5th DAY OF JUNE 2008. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. RESOLUTION 614 (#7-08) A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS IN EFFORTS TO SECURE A LONG TERM LEASE FOR OPERATION OF THE RAILROAD LINES AND SPURS IN THE JACKSONVILLE INDUSTRIAL PARK; AND, FOR OTHER PURPOSES. Mayor Swaim informed the City Council that Resolution 614 would authorize continued negotiations regarding a lease contract for the railroad carrier to handle the railroad spur located in the Industrial Park. Alderman Smith moved, seconded by Alderman Ray to Read Resolution 614. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 614. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2008 7:00 P.M. – 7:17 P.M. Mayor Swaim explained that there would be no financial transaction involved. He stated that the railroad spur was under lease to Union Pacific for many years and the City of Jacksonville assumed ownership maintaining the lease until it expired in October. He stated that Union Pacific has chosen to work with Midland Railroad as an alternate carrier to handle the short spur. He explained that Union Pacific will bring the cars to Midland and Midland will perform the switching. He stated that the advantage to local industry would be that there would be an engine on the track at all times if an industry needs to switch cars. He further explained that currently the service is only available three days a week, eliminating wait time. He stated that he has coordinated with the City’s largest industrial user and the railroad with satisfactory outcome. Alderman Fletcher moved, seconded by Alderman Stroud to approve Resolution 614 in its entirety. MOTION CARRIED. b. Amend June 19th and July 3rd regular City Council meeting dates to June 26th @ 7:00 p.m. Mayor Swaim noted a conflict with the scheduling of the July 3rd spectacular, proposing that the June 19th meeting be moved to June 26th and the July 3rd City Council business be moved to the June 26th meeting thus canceling the July 3rd meeting. Alderman Elliott moved, seconded by Alderman Smith to amend the June 19th and July 3rd regular City Council meeting dates to June 26 @ 7:00 p.m. MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): YARD SALE SIGNS Alderman Stroud noted that while there has been great progress regarding litter in the City, he reminded citizens that yard sale signs are restricted from being placed on trees or utility poles, noting that they must be freestanding signs and removed within 24 hours following the completion of the yard sale. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:17 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer