08 JUN 26.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 26, 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 26, 2008 at the regular meeting place of the Council.
Alderman Stroud delivered the invocation and Jack Sims of Boy Scout Troop
770 led a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Rinker, Stroud,
and Howard answered roll call. Mayor Swaim also answered ROLL CALL
declaring a quorum. PRESENT SEVEN (7), ABSENT (3). Aldermen Ray, Fletcher,
and Twitty were absent.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
City Clerk Lynette Culpepper, Finance Director Paul Mushrush, Director of
Administration Jay Whisker, Public Works Director Jim Oakley, Human
Resource Director Jill Ross, Police Chief Gary Sipes, City Planner Chip
McCulley, Assistant Finance Director Cheryl Erkel, Fire Chief John
Vanderhoof, Systems Administrator Barbara Daniel, Parks and Recreation
Director George Biggs, Code Enforcement Officer Marty Sanady, 911
Communications Director Brenda Skinner, Mrs. Judy Swaim, Mrs. Helen
Stroud, 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
June 5, 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 Howard that the minutes of the
Regular City Council Meeting of 15 May 2008 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Stroud moved, seconded by Alderman McCleary to approve the Regular
Monthly Report for May 2008 from the Jacksonville Fire Department, which
reflects a fire loss of $9,700 and a savings total of $375,500.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Stroud moved, seconded by Alderman McCleary to approve the Regular
Monthly Report for May 2008. Report reflects the Total Value of Reported
Stolen Property $115,190. Total Value of Recovered Stolen Property $43,522
and Total Report Sales $1,014.
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Rinker, Stroud,
and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 26, 2008
7:00 P.M. – 7:17 P.M.
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION: ORDINANCE 1339 (#6-08)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: PROPERTY AT 1024 AND 1026 GINA CIRCLE); AMENDING
ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF
JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1339 be
placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1339.
Alderman Stroud moved, seconded by Alderman McCleary that Ordinance 1339
be APPROVED on FIRST READING. ROLL CALL: Aldermen Elliott, Smith,
McCleary, Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman McCleary to suspend the rules
and place Ordinance 1339 on SECOND READING. ROLL CALL: Aldermen Elliott,
Smith, McCleary, Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1339.
Alderman Smith moved, seconded by Alderman Stroud to further suspend the
rules and place Ordinance 1339 on THIRD and FINAL READING. ROLL CALL:
Aldermen Elliott, Smith, McCleary, Sansing, Rinker, Stroud, and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read
the heading of Ordinance 1339.
Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1339
be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED, AND NUMBER 1339 THIS 26 DAY OF JUNE 2008.
GENERAL: a. ORDINANCE 1340 (#7-08)
A 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 Swaim asked the City Council, for the purpose of further
discussion, to consider the ordinance for first reading but defer second
reading until the next regularly scheduled City Council meeting.
Alderman Smith moved, seconded by Alderman Howard that Ordinance 1340 be
placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary,
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 26, 2008
7:00 P.M. – 7:17 P.M.
Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1340 and
named the properties for condemnation as being 127 Galloway Circle, 108
Lee Avenue, 110 North Avenue, 183 Pike Avenue, 163 Roosevelt Road, and
1308 South Highway 161.
Mr. Norvell Williams of 814 South Ann, Little Rock, Arkansas, owner of
127 Galloway Circle stated that he would like to keep the property from
being condemned by the City. He related that he has spent an
undetermined amount of money to repair the house, explaining that siding,
windows, doors, and plumbing have been stolen multiple times. He stated
that he has several police reports regarding the thefts.
In response to a question posed by Mayor Swaim, Code Enforcement Officer
Marty Sanady answered that the house was up for condemnation three years
ago. He explained that the project was started but then dropped, adding
that since then the house has had windows broken and that Code
Enforcement has had to board the windows and mow the lawn. He then noted
that during the Sunnyside Cleanup event, volunteers cut bushes and
cleaned the property. He stated that Code Enforcement has had to address
the property several times over the last couple of years.
It was clarified that the property was slated for condemnation three
years ago but was not fully condemned in lieu of efforts made by the
owner to repair the property, however total repairs were never completed.
Alderman Smith questioned the extent of progress in repairs to the
property.
Mr. Williams stated that he had tried to get a building permit but was
denied because the condemnation process had begun, adding that he has
only mowed the yard for the past three months. He explained that he has
purchased windows and siding more than once.
Director of Administration Jay Whisker noted that when condemnation began
three years ago, Mr. Williams got a building permit to repair the house.
He stated that Mr. Williams put ply board on the house without siding and
then stopped repairs following the City’s decision not to condemn.
Mr. Williams stated that the ply board is siding, adding that the reason
he stopped repairs is that he could not keep any material without it
being stolen.
Director of Administration Jay Whisker stated that the house has been
vacant for five years since that time.
Mayor Swaim noted that the house was overgrown to the extent that it took
a bulldozer to get the brush and trash out of the yard.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 26, 2008
7:00 P.M. – 7:17 P.M.
Mr. Williams then answered that he had applied for a building permit
approximately four weeks ago. He stated that he never received the
letter, saying that it was tacked to the house. He stated that the house
has a new roof and one of the rooms has been sheet rocked, saying that
vandals and thieves keep knocking everything out and taking everything.
He stated that he put new cabinets in the house and they were taken out.
He stated that he is here to see if he can keep the house out of
condemnation or just tear the house down, adding that he does not want to
loose the property because he can always rebuild another house.
Alderman McCleary questioned Mr. Williams as to his plans for the house.
Mr. Williams answered that it would depend on the determination of the
City Council, saying that he really does not want to tear the house down
or loose it. He said that given some time he feels he could put the
house back in order but it would have to have some kind of protection.
Mayor Swaim noted that the property owner has had three years, recalling
the condition of the property and yard when as a volunteer; Mayor Swaim
worked in the yard himself. He noted the use of a backhoe and bulldozer
to get the brush and limbs out of the yard. He stated that he did not
feel Mr. Williams attempted to keep the property clean.
Mr. Williams stated that he did try to clean the property and that the
overgrowth happened during the winter.
Alderman Howard noted that volunteers worked many hours in the heat of
the summer.
Mayor Swaim offered opportunity to the audience to address other property
being considered for condemnation. No other members of the audience
offered to represent properties being considered for condemnation.
Alderman Stroud moved, seconded by Alderman McCleary that Ordinance 1340
be APPROVED on FIRST READING. ROLL CALL: Aldermen Elliott, Smith,
McCleary, Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED.
Mayor Swaim stated that second and third reading would be deferred to the
next regularly scheduled City Council meeting.
b. ORDINANCE 1341 (#8-08)
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF A TEMPORARY
STAGE FACILITY BY THE JACKSONVILLE ADVERTISING & PROMOTIONS COMMISSION;
AND, FOR OTHER PURPOSES.
Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1341
be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith,
McCleary, Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0).
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 26, 2008
7:00 P.M. – 7:17 P.M.
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1341.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1341 be
APPROVED on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Smith to suspend the rules
and place Ordinance 1341 on SECOND READING. ROLL CALL: Aldermen Elliott,
Smith, McCleary, Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1341.
Alderman Smith moved, seconded by Alderman Stroud to further suspend the
rules and place Ordinance 1341 on THIRD and FINAL READING. ROLL CALL:
Aldermen Elliott, Smith, McCleary, Sansing, Rinker, Stroud, and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read
the heading of Ordinance 1341.
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1341 be
APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED, AND NUMBER 1341 THIS 26 DAY OF JUNE 2008.
APPOINTMENT(S):
ANNOUNCEMENT(S):
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
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