08 SEP 18.docCITY 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
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.
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.
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.
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.
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
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.
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.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1349 THIS 18th 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