08 SEP 18.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2008
7:00 P.M. – 7:42 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 18, 2008 at the regular meeting place of the
Council. Alderman Howard 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,
Human Resource Director Jill Ross, Assistant Finance Director Cheryl
Erkel, 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. Edith Smith, Mrs. Lendy
Lewis, 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
September 4, 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 21 August 2008 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for August 2008. Said report reflects:
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 18 Building Inspections 42
Business License 10 Electrical 82
Plumbing 35
HVACR 39
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 215 Notice of Noncompliance 5
Property Mowed 31 Towed 0
Trash Letters 57
Trash Removal 7 CONDEMNATIONS
Property Maint. Letters 44 Structural Maint. Letters 0
Cost $2,393.81 Structural Repairs Made 0
Demolitions 0
CITATIONS WARRANTS
Debris & open storage 1 Arrest 0
Property maintenance 2 Search 0
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2008
7:00 P.M. – 7:42 P.M.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Animal Control Report for August 2008. Said report reflects:
ADOPTION/FINES: $2,430.00
CONTRIBUTIONS: $1,100.00
TOTAL: $3,530.00
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for August 2008 from the Jacksonville Fire Department, which
reflects a fire loss of $25,700 and a savings total of $583,000.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for August 2008. Report reflects the Total Value of
Reported Stolen Property $159,363. Total Value of Recovered Stolen
Property $58,931 and Total Report Sales $692.
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker,
Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT: Request to accept bid to replace roof at Police
Department building
Mayor Swaim stated that questions have arisen regarding the
specifications, explaining that Public Works Director Jim Oakley is ill
this evening, but he has been working with the two contractors. He
requested that the item be removed from the agenda pending resolution of
negotiations.
It was the consensus of the City Council to remove the item from the
agenda.
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. RESOLUTION 617 (#10—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 noted that the Resolution would support the creation of a
charter school in the City of Jacksonville to be named Jacksonville
Charter Academy.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2008
7:00 P.M. – 7:42 P.M.
Alderman Stroud moved, seconded by Alderman Ray to read Resolution 617.
Alderman Stroud expressed mixed emotions regarding the passage of another
resolution approving a charter school in Jacksonville, recalling that the
Council adopted a charter school resolution at the previous City Council
meeting. He stated that he is sure, even though the timing is not
certain, that the City of Jacksonville will get its own school district.
He then noted that the resolution approved at the previous City Council
meeting will cost the new district 1.9 million dollars the first year and
more each additional year. He stated that if there were two charter
schools, it would raise that to 4 million dollars, which would be a lot
of money to purchase new schools on a debt service. He then stated on
the other hand; “if a bird in the hand is worth two in the bush”, in this
case, “two in the hand would be better than four in the bush”. He noted
that there are seven slots available and only four people have
applications submitted, expressing uncertainty he added that he may
abstain.
Mr. Buster Lackey introduced himself as the consultant for Mt. Pisgah
Baptist Church, adding that he is currently principal of a charter school
in Maumelle. He explained that they have secured the lease for the old
Wal-Mart building, adding that the first year they would have 51,000
square feet for the school. He stated that as the school grows they
would acquire the additional 100,000 square feet. He noted that the
owner has reserved 25,000 square feet to the front of the building for
retail. He answered that they have requested a cap of 700 students but
are currently looking at capacity for 650 students, adding that it would
be grades K-6.
In response to a question posed by Alderman Smith, Mr. Lackey stated that
he is a proponent of charter schools, adding that when Jacksonville has
its own school district, the conversion charter schools or district run
charter schools would be perfect for Jacksonville. He stated that he
does not see this as competition, but as partners. He stated that part
of the renovated building would be considered a community building,
providing space for a summer class or a meeting location for local
groups. He pointed out that school buildings are mostly underused,
adding that the building would be open to the community. He stated that
they would work with colleges to bring in courses free of charge, so
students can graduate high school with 62 hours of college and enter
college as a junior instead of a freshman.
In response to a question posed by Alderman Rinker regarding the scope of
renovations necessary to make the building suitable for school space, Mr.
Lackey cited renovations equal to the Lisa Academy in the Best Buy
building.
Alderman Stroud stated that he had thought they would propose having the
same number of students as the Lighthouse Academy, which was proposed to
have 344 students.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2008
7:00 P.M. – 7:42 P.M.
He then noted that the district would loose approximately 5.6 million on
the two proposed charter schools.
Mr. Lackey stated that the two charter school numbers would be very close
in size, starting off with K-6. He stated that they would start with 350
students with room to grow.
Alderman Twitty questioned if the City were undertaking too much
regarding the proposed 5 million and the possibility of starting a new
school district. She stated that the prospect of the City having its own
school district is the top priority.
Mr. Lackey related that it is not certain how many students would
actually be from Jacksonville, reminding the City Council that the school
would conduct an open enrollment that includes areas outside
Jacksonville. He stated that it is State law that the enrollment be
conducted as a lottery. He noted that as a school of choice, when
Jacksonville gets its own school district, students could choose to go
into the Jacksonville district.
Mayor Swaim stated that the City would need approximately 6,000 students
to gain an independent school district.
Alderman Stroud pointed out that students from outside Jacksonville would
not cost Jacksonville any district monies.
Mr. Lackey pointed out that just by bringing parents into the City when
picking up or dropping students off, it would generate some amount of
revenue for the City.
Alderman Sansing stated that in lieu of not knowing exactly when we will
get our own school district, citizens are clamoring for change now. He
related that it is an opportunity to give the citizens a choice, adding
that competition in schools breed excellence in teaching. He stated that
this is a win-win situation for the City of Jacksonville. He stated that
he does not feel we should worry about the money, but just understand
that there are going to be positive aspects for the students and parents
of Jacksonville. He urged the same support of this resolution as with
the previous resolution.
Alderman Fletcher stated concern for the required 6,000 students, noting
that boundaries have not been set and the time limit is questionable
regarding the completion of events. He stated that a large majority of
the questions he has heard is whether the City can support its own school
district without increasing taxes. He pointed out the cost of facilities
and operations, saying that it would take a lot of money to get started.
Mayor Swaim pointed out the Resolution only offers that the City agrees
that they can apply for a charter to operate a school.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2008
7:00 P.M. – 7:42 P.M.
Mr. Lackey pointed out that they would still have to go before the State
Board for their approval. He stated that this would be an added bonus
for the City and for parents. He stated that they are not in competition
with Jacksonville having its own school district. He related
understanding for Jacksonville wanting its own school district and is not
proposing anything that would deter those efforts. He stated that the
character schools can work hand-in-hand, inspiring parents to see what
can be done when Jacksonville gets it own school district and an
opportunity to recreate the education process. He continued saying that
the charter school and independent district can work together as one. He
related that he would have revenue to rent the high school gym, which is
something that could benefit the City’s independent school district. He
noted options such as rental of the track for their track team or gym on
off nights. He then answered that the students would be required to wear
daily uniforms to school.
Alderman McCleary thanked Mr. Lackey for his presentation, saying that he
agrees with Alderman Sansing that this would be a win-win for the City.
He added that he believes the City Council would be “short changing” the
citizens if they did not offer them an opportunity to start their charter
school.
Mr. Mike Wilson related that a recent news article regarding a commission
appointed by Bill Wilson reported that the County had not to this point
been desegregated, adding that they still have to rule on that. He
stated that it is uncertain if Jacksonville will get its own school
district. He spoke in support of the academics associated with the Lisa
Academy and in support of allowing charter schools for Jacksonville. He
added that if the education system in Jacksonville were improved, it
would grow the population and increase revenues. He then noted that it
was thought that there would be eleven applications for the seven charter
schools but it turns out that there were six that were actually
submitted, leaving only one for next year.
Alderman Stroud stated that the City’s concern is for all of
Jacksonville’s students not just a few. He added that PCSSD would have a
better chance of solving their problems if they disengage from the City
of Jacksonville.
Mr. Ivory Tillman, president of the local chapter of the NAACP,
questioned if a public meeting was held, offering residents of
Jacksonville an opportunity to garner information. He stated that his
number one item of concern is that the charter school would take only
those students with a higher grade point average. He added that this is
what has happened in a lot of the charter schools throughout the Country.
He stated that the children on the lower economic rung need to be
addressed or society will get worse.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2008
7:00 P.M. – 7:42 P.M.
Mayor Swaim stated that the meeting dates were advertised in the same
manner, adding that the City did not advertise either of the meetings.
He pointed out that both meetings were publicized in a local paper. He
then reiterated that the choice of students is done by lottery, they do
not hand pick students.
Mr. Lackey explained that the lottery has an administrator of the school,
a parent representative from the school body, a Board member, and a
representative from the State Department present to oversee the drawing.
He stated that it is virtually impossible to hand pick or skim off the
top. He informed the City Council that the largest problem he has right
now is third and seventh graders coming into the school from all over the
State that cannot pass State tests. He stated that they spend more time
educating those children.
Alderman Stroud pointed out that the parents who apply, are the parents
who are more interested in the type of education their children receive,
which equates to a better quality student.
Mr. Lackey stated that if you look at some of the charter schools that
serve low income students, they struggle just as much as any other
students in the district.
Alderman Ray called for a question to the motion. Alderman Stroud
seconded the call for a question to the motion. MOTION CARRIED with
Alderman Fletcher voting NAY.
Mayor Swaim explained that a question to the motion ends debate of the
item of business.
At this time, MOTION CARRIED to read Resolution 617 (#10-08). Whereupon
City Attorney Bamburg read the heading of Resolution 617 (#10-08).
Alderman Ray moved, seconded by Alderman Sansing that Resolution 617 be
adopted in its entirety.
In response to a question posed by Alderman Fletcher, Alderman Stroud
offered that Daniel Gray has expressed some concern that the charter
school concept may interfere with Jacksonville achieving its own school
district.
Mayor Swaim related that he had spoken with Will Bond and Daniel Gray
regarding the same questions, adding that no one is able to say in
certainty whether Jacksonville will or will not attain unitary status and
be able to have its own school district. He stated that it is generally
believed that Jacksonville will eventually get its own school district.
Alderman Fletcher questioned if Jacksonville is the only City in the
State that is requesting two charter schools, adding that if so
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2008
7:00 P.M. – 7:42 P.M.
then chances are that the State will only approve one of them in order to
spread them throughout.
At this time MOTION CARRIED unanimously.
b. ORDINANCE 1349 (#16-08)
AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL, ONE (1) MILL, AND
ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF
THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF LEVYING ONE (1)
MILL, ONE (1) MILL AND ONE (1) MILL AGAINST ALL REAL PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE
OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE
TAX LEVIED; AND, FOR OTHER PURPOSES.
Mayor Swaim explained that Ordinance 1349 is the annual millage to be
collected in 2009, adding that it does not change or raise the millage.
He related that by law it has to be assessed every year for collection.
He then explained that one mill is assessed for the Library, one mill for
Police retirement and one mill for Fire retirement.
Alderman Smith moved, seconded by Alderman McCleary to place Ordinance
1349 on FIRST 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 1349.
In response to a question from Alderman Stroud, Mayor Swaim related that
the Police Pension is presently actuarially sound but the Fire Pension is
not. He then added that under current market situations, neither Pension
might be counted as actuarially sound.
Alderman Stroud moved, seconded by Alderman Howard to APPROVE Ordinance
1349 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 McCleary to place Ordinance
1349 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 1349.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1349 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 1349.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2008
7:00 P.M. – 7:42 P.M.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1349 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 NUMBERED 1349 THIS 18 DAY OF SEPTEMBER
2008.
Mayor Swaim announced that the City of Jacksonville is one of only a few
cities in Arkansas that does not assess the additional 5 mills that is
available to City Council for City operations. He stated that the City
of Jacksonville did away with the 5 mills many years ago and does not
assess that.
APPOINTMENT(S):
ANNOUNCEMENT(S): Police Chief Sipes announced that Officer Schmidt’s
wife passed away this week from a brain tumor. He stated that the
funeral is scheduled at Moore’s Funeral Home, Saturday at 1:00 p.m.
Human Resource Director Jill Ross announced that long-time former
employee Gerald Foreman had also passed, relating that the funeral is
scheduled at Moore’s Funeral Home, Friday at 3:00 p.m.
Mr. Ivory Tillman asked opportunity to mention the passing of Rev.
Benjamin Craft, a stalwart walk of the City. He stated that Rev. Craft
had many endeavors to bring the communities closer together. He stated
that the viewing is tomorrow night at Mt. Pisgah Church and the funeral
will be Saturday at St. Luke Church.
Mr. Tillman provided the City with a copy of a written salute on behalf
of Rev. Benjamin Craft, which is on file in the Office of City Clerk.
Mayor Swaim related that he had visited with the LRAFB Wing Commander
General Schats today, acknowledging delays primarily because in order for
the Air Force to accept the City’s portion of the college, it has to go
through chain of command up to the Department of Defense. He related
that the request is presently at the Pentagon pending approval. He then
explained that following a staffing change; General Schats feels things
will start moving again.
ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at
approximately 7:42 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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