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08 SEP 04.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2008 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 September 4, 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, 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, Deputy City Clerk Lynette Culpepper, Director of Administration Jay Whisker and son, Nick Whisker, Public Works Director Jim Oakley, Human Resource Director Jill Ross, City Planner Chip McCulley, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mrs. Addie Gibson, 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 August 21, 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 7 August 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. RESOLUTION 616 (#9—18) A RESOLUTION EXPRESSING SUPPORT FOR THE CREATION OF A CHARTER SCHOOL TO BE DEVELOPED IN THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Swaim related that there are two entities seeking the opportunity to start a charter school in the City of Jacksonville, noting that the City would not want to pursue or support anything that would hurt efforts to get our own school district. He then informed the City Council that th on September 9 @ 5:30 p.m. there would be a school board meeting at the administrative building on Dixon Road in support of the efforts and the 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2008 7:00 P.M. – 7:20 P.M. vote of our release from Pulaski County Special School District pending unitary status and the Judge’s approval. He stated that Resolution 616 is an opportunity for a charter school to open in Jacksonville, adding that in looking at the available areas there does not seem to be any significant liabilities in supporting the Resolution. Alderman Stroud moved, seconded by Alderman Howard to read Resolution 616 (#9-09). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 616 (#9-08). Alderman Stroud moved, seconded by Alderman McCleary to approve Resolution 616 (#9-08) in its entirety. In response to a question posed by Alderman Ray, Mayor Swaim agreed that last month the City Council approved a resolution supporting Jacksonville’s separation from the Pulaski County Special School District. Alderman Ray offered his concern as one being in conflict with the other. Alderman Fletcher questioned if there was a time frame involved with adopting the Resolution now as opposed to delaying action for a month pending action regarding separation from the Pulaski County Special School District. Mayor Swaim explained that there is a time limit for the approval of the charter school. He recognized the reluctance to do anything that might hamper those ongoing efforts, adding that the charter would be a Kindergarten through sixth grade school. He noted that the school would only hold approximately 300 students, adding that it could develop up to high school in future years. He explained that there are only a limited number of charter schools available, saying that if the State approves them this time, without legislative approval there will be no more charter schools available. He stated that if they do not get in on this round, they would have to wait until the legislature takes some future action. Alderman Fletcher questioned how much public support would be necessary in order for the State Board of Education to make a decision, clarifying the time process for a charter school. Mayor Swaim stated that to the best of his knowledge the decision is in September, relating there was a requirement for a 30-day hearing prior to the deadline. He noted that the public hearing was held a couple of weeks ago. Alderman Smith noted there was a second entity that was also interested in a charter. He then noted an article in the paper stating that it was too late to meet the deadline, but added that the one for Jacksonville was completed in time. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2008 7:00 P.M. – 7:20 P.M. Mayor Swaim and Alderman Smith agreed that the deadline is sometime near the end of September. Alderman Stroud stated that he had several questions regarding a charter school but the public hearing answered all his questions, saying that it is his feeling that “a bird in the hand is better than two in the bush”. He clarified; saying that when Jacksonville starts improving the school issue it will be beneficial to the citizens of Jacksonville. He stated that he does not see any conflict between a charter school and Jacksonville having its own school district. He stated that the school district will grow once Jacksonville has its own school district, adding that it is his hope that the school district will be as good as the charter schools. He stated it is a positive move and feels the City Council should support by Resolution. Alderman Twitty stated that she is not against having a charter school, but would like to know for certain that it would not affect Jacksonville having its own school district. Mayor Swaim stated it would be impossible to say for certain and that he would not pretend to say he is sure it would not affect other efforts. He added that he does not believe that it would because of the numbers. He stated that even if Jacksonville is given its own school district it could be two to five years before Jacksonville has an opportunity to really get the schools going. He added, in the meantime efforts to improve the education for students is important. He stated that if the School District were to vote favorably and the Judge were to grant unitary status, then there are still many legal aspects that will need to be completed with various time frames. Discussion ensued as to the betterment of Jacksonville students. Mayor Swaim clarified that the charter school would be for K-6 and that higher grades could be added later. He explained that the theory is that if a student makes it to Jr. High without knowing how to read and write, that student is lost. He stated that you are behind the curve if you start at a high school level. He related that the charter school emphasis is on catching the students when they are young. Alderman Howard noted that there is no guarantee that Jacksonville will be allowed to have its own school district, adding that he was very impressed during the public hearing. He noted that it is possible that a year from now we could have a charter school for 300 plus students, pointing out that not all the students will even be from Jacksonville. He stated that he feels it is a “Win-Win” situation for Jacksonville. Mayor Swaim then answered that the law is very specific that charter schools have an open enrollment. Alderman Smith noted that it was mentioned at the public hearing that enrollment would not be advertised in other cities. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2008 7:00 P.M. – 7:20 P.M. Mr. Mike Wilson stated that after some amount of research, he can offer that charter schools are on par with private schools in terms of their national test scores. He stated that there are seven positions for charter schools in Arkansas and there are eleven entities applying for those charters. He stated that if Jacksonville gets its own school district, they could then decide to release the charter and there would certainly be someone willing to obtain that charter. He related that he feels it would be a “boom” for the City. He noted the uncertainty regarding lengthy past efforts of Jacksonville trying to get their own school district, adding that he agrees with Alderman Stroud “a bird in the hand is better than two in the bush.” He stated that there is no telling how long it will take, given the politics involved in getting a school district. Parks and Recreation Director George Biggs, who is also serving as president for the Lighthouse Academy Charter School, stated that having the charter school would not affect Jacksonville being able to get its own school district. He related that the application has been submitted to the State Department of Education and they are waiting for a response. Alderman Fletcher called for a question to the motion. At this time, MOTION CARRIED. b. ORDINANCE 1348 (#15-08) AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE §17.12.125, 17.12.110(2), AND 17.12.010(24); AND, FOR OTHER PURPOSES. Mayor Swaim related that the Ordinance deals with the City accepting a letter of credit from a banking institute as opposed to a surety bond regarding subdivision completion and improvements. He noted that a letter of credit has been used in other places and it seems to be working. He stated that there have been a number of developers that are requesting the option to use a letter of credit, noting that it is harder to get a bond in today’s economy. Director of Administration Jay Whisker informed the City Council that he had contacted several banks and they assured him that while they do issue letters of credit for overseas shipping, it would have to be reserved for the bank’s best customers. Alderman Smith noted that he had issued letters of credit for small amounts, but added that larger amounts are reserved for better clients. Alderman Fletcher, who is an area builder, answered that he did not foresee a problem with the City accepting letters of credit. Alderman Stroud moved, seconded by Alderman Ray to place Ordinance 1348 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2008 7:00 P.M. – 7:20 P.M. Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1348. Alderman Stroud moved, seconded by Alderman Smith to APPROVE Ordinance 1348 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Stroud to place Ordinance 1348 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1348. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1348 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1348. Alderman Fletcher moved, seconded by Alderman Ray that Ordinance 1348 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1348 THIS 4 DAY OF SEPTEMBER 2008. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Swaim complimented the Police and Fire Departments regarding efforts involved in what turned out to be a tragic situation, saying that both Departments worked together and the situation was handled well. He then turned to the recent flooding in Jacksonville, noting that the City has been fortunate, recalling the flooding situations in the early 80’s, which have been corrected. He stated that the rain count was 10.9” for Jacksonville. He related that the problem with that much rain in such a short time is that the water eventually backs up. He stated that Pinion Lane has always been a very low area, noting that if that property were to be developed by today’s standards they would have to bring in five feet of dirt before being allowed to develop the property. He stated that it is regrettable that anyone would have damage as a result of flooding. He then noted that the City infrastructure held up well with only minor ditch erosion problems. He stated that he hopes the City weathers the next two tropical storms as well. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2008 7:00 P.M. – 7:20 P.M. Public Works Director Jim Oakley reminded the City Council that they had approved the placement of a box culvert, to replace the rusted pipes where the street fell through in Woodbriar. He continued saying that he was not aware that a void existed underneath the street or he would have advised that the road be closed pending repairs. He explained that a small void had been washed out over a period of time. Mayor Swaim noted that the work order had been awarded and given to the contractor but the weather had not permitted the start of the project. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:20 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 6