09 FEB 05.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 5, 2009
7:00 P.M. – 7:40 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 February 5, 2009 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, Rinker, Fletcher,
Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Alderman Ray
arrived at approximately 7:02 p.m.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
City Clerk Lynette Culpepper, Director of Administration Jay Whisker,
Public Works Director Jim Oakley, Human Resource Director Jill Ross,
Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel,
City Planner Chip McCulley, Fire Chief John Vanderhoof, Systems
Administrator Barbara Daniel, Police Chief Gary Sipes, Parks and
Recreation Director George Biggs, CDBG Director Theresa Watson,
Wastewater Utility General Manager Thea Hughes, Mr. Jim Durham, Code
Enforcement Officer Joe Gunderman, Mrs. Judy Swaim, Mrs. Helen Stroud,
Mr. Larry Smith, Mr. Doc Rhodd, interested citizens, and members of the
press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of
January 15, 2009 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 18 December 2008 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Stroud to approve the
Regular Monthly Animal Control Report for January 2009. Said report
reflects:
DECEMBER
ADOPTION/FINES: $3,460.00
CONTRIBUTIONS: $ 225.25
TOTAL: $3,685.25
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Stroud to approve the
Regular Monthly Report for January 2009. Said report reflects:
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 5, 2009
7:00 P.M. – 7:40 P.M.
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 11 Building Inspections 21
Business License 8 Electrical 31
Plumbing 25
HVACR 25
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 2 Notice of Noncompliance 20
Property Mowed 2 Towed 2
Trash Letters 72 CONDEMNATIONS
Trash Removal 5 Structural Maint. Letter 0
Property Maint. Letters 11 Structural repairs made 0
Cost $ 785.18 Demolitions 0
CITATIONS WARRANTS
Debris & open storage 10 Arrest 0
Property maintenance 13 Search 0
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker,
Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT: Set Public Hearing regarding Water Rates
It was the consensus of the City Council to set a public hearing February
19, 2009 during the regular City Council meeting to begin at 7:10 p.m.,
regarding a pass through water rate increase from Central Arkansas Water.
WASTEWATER DEPARTMENT: ORDINANCE 1360 (#3-09)
AN ORDINANCE REGULATING USE AND OPERATIONS OF THE JACKSONVILLE WASTEWATER
UTILITY TO BE SPECIFICALLY CODIFIED AS JACKSONVILLE MUNICIPAL CODE,
CHAPTER 13.24; REPEALING ORDINANCES 604, 620, 877, 932, 1133 AND ANY
AMENDMENTS THEREOF; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Sansing to place Ordinance
1360 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 1360.
Wastewater Utility General Manager Thea Hughes stated that the Ordinance,
while lengthy, changes little from what is already in place. She noted
that ADEQ requires that they review their pretreatment program,
explaining that it was last revised in 2000. She stated that ADEQ and
EPA have developed a pretreatment program that has streamlined the rules,
which contain certain verbiage that needed to be included in a revised
ordinance.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1360
on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 5, 2009
7:00 P.M. – 7:40 P.M.
Alderman Stroud moved, seconded by Alderman Sansing to suspend the rules
and place Ordinance 1360 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 1360.
Alderman Smith moved, seconded by Alderman Sansing to suspend the rules
and place Ordinance 1360 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 1360.
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1360 be
APPROVED AND ADOPTED. 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 that the EMERGENCY
CLAUSE be adopted and attached to Ordinance 1360. ROLL CALL: Aldermen
Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1360 THIS 5 DAY OF FEBRUARY
2009.
FIRE DEPARTMENT: ORDINANCE 1361 (#4-09)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE,
ARKANSAS, FOR THE PURPOSE OF PURCHASING NEW FIRE PROTECTIVE GEAR
(TURNOUTS) FOR THE JACKSONVILLE FIRE DEPARTMENT; DECLARING AN EMERGENCY;
AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Howard to place Ordinance 1361
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 1361.
Fire Chief John Vanderhoof related that the last purchase of turnouts was
in 1998 or 1999, explaining that the life expectancy is approximately 10
years, which is when NFDA 1851 recommends replacement.
Alderman Elliott moved, seconded by Alderman Smith to APPROVE Ordinance
1361 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 Ray to suspend the rules and
place Ordinance 1361 on SECOND READING. ROLL CALL: Aldermen Elliott,
Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 5, 2009
7:00 P.M. – 7:40 P.M.
Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1361.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1361 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 1361.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1361 be
APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1361 THIS 5 DAY OF FEBRUARY
2009.
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1362 (#5-09)
AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF JACKSONVILLE,
ARKANSAS, THE ELECTION OF MAYOR OF THE CITY OF JACKSONVILLE, ARKANSAS, TO
COMPLETE THE TERM EXPIRING DECEMBER 31, 2010; DECLARING AN EMERGENCY;
AND, FOR OTHER PURPOSES.
City Attorney Bamburg related that Ordinance 1362 calls for a special
election for the office of Mayor to be held May 12, 2009. He explained
that the filing period would be February 10 through March 2, with drawing
for ballot position to be held before March 10, 2009. He added that any
run-off election would be held three weeks following the special
election, which would be June 2, 2009, and term of office would begin
July 1, 2009 and end December 31, 2010.
Alderman Smith moved, seconded by Alderman Sansing to place Ordinance
1362 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 1362.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1362
on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 5, 2009
7:00 P.M. – 7:40 P.M.
Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and
place Ordinance 1362 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 1362.
Alderman Stroud moved, seconded by Alderman Sansing to suspend the rules
and place Ordinance 1362 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 1362.
Alderman Stroud moved, seconded by Alderman McCleary that Ordinance 1362
be APPROVED AND ADOPTED. 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 that the EMERGENCY
CLAUSE be adopted and attached to Ordinance 1362. ROLL CALL: Aldermen
Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1362 THIS 5 DAY OF FEBRUARY
2009.
b. Establish maintenance priorities prior to condemnation
Alderman Stroud read the following prepared statement.
“In spite of limited resources, our Code Enforcement Office has done a
creditable job in balancing a busy workload of electrical, HVAC,
foundation inspections, health and safety issues, weed, grass and trash
control, and other City code infractions. Unfortunately, our great City,
like a lot of other cities across this land, barely finds itself able to
keep abreast of what some of us prefer to call creeping blight.”
“In an effort to get ahead of the curve and to augment our Code
Enforcement personnel, some of our Aldermen have walked approximately a
third of the streets of Jacksonville, making notes of obvious
discrepancies that require action by Code Enforcement officers. We have
broken the lists down into four categories, priorities 1 through 4.
Priority 1 covers those properties that are structurally unsound and
warrant demolition. Priority 2 denotes properties requiring immediate
heavy maintenance such as extensive painting and carpentry work.
Priority 3 requires immediate light maintenance such as cleanup, paint,
fix-up, overgrown shrubbery and vegetation.”
“Priority 4 houses are an entirely different and difficult matter. Being
vacant for extended periods, many of these properties are used for
criminal activity, such as dealing drugs, sex, and storage of stolen
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 5, 2009
7:00 P.M. – 7:40 P.M.
items. They present a problem for our Police Department and I believe
Chief Sipes will bear us out on that. These properties are a nuisance
and must be dealt with in accordance with City Code 8.08.020. Owners
must be given a set time to either dispose of said property or bring it
up to code. There are 102 in Sunnyside alone as of last September, and
in most cases not livable or rentable. A bit of good news is, building
permits have recently been issued for 4 or 5 of these properties, so we
know that bringing attention to the owners of such properties does have a
positive effect.”
“Let us be clear about this, the purpose and intent of this action is not
to demolish property. Our sole purpose is to establish a priority of
actions that will preclude deterioration of said properties to the extent
of condemnation.”
“I suppose what we are asking is to be a unified and determined City
Council dedicated to the task of improving adequate and affordable
housing for all Jacksonville citizens.”
He then noted that the Code Enforcement officers have started
implementation of action that would aid in this regard.
City Planner McCulley related that in efforts to track nuisance
properties, the Code Enforcement staff built a database that will be GIS
compatible. He explained that the database would allow quick reference
of needed information about a property, it will also allow for the easy
creation of reports. He related that the GIS system offers an aerial map
of the City with parcel numbers and addresses. He stated that with a
simple click of the mouse they could click on the address and retrieve
information regarding that property. He then noted that photographs
would be available. He offered an example of a detailed action report
that could be generated, offering actions and status of the property,
populated as actions are entered into the computer. He added that the
report would also keep up with the violations, offering an annual total
with multiple year actions if necessary. He stated that this information
would be readily available for review and action. He then stated that
all of the priority 1 properties were either condemned and demolished in
2008 or are on the 2009 condemnation list to be brought into compliance
or demolished.
In response to a question posed by Mayor Swaim, City Planner McCulley
explained that properties that have occurred maintenance through the City
and after being billed have gone unpaid, would have a lien filed at the
end of the year for collection when the property taxes are levied and
paid. He stated that if the tax bill is unpaid, it goes to the courts
and in some instances, the City has received the property in lieu of
liens.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 5, 2009
7:00 P.M. – 7:40 P.M.
In response to a question posed by Alderman Smith, City Planner McCulley
answered that the approximate cost to demolish a house is between five to
seven thousand, depending on the size of the house and the involvement of
asbestos removal. He noted that the City demolished approximately eight
structures last year for a total of $38,000.00. He noted that some of
those were slabs only, which were demolished to provide a better surface
for mowing and maintenance. He then answered that it is more difficult to
issue citations when property owners are out of State.
In response to comments by Alderman Fletcher regarding the need to track
criminal activity at vacant properties, City Planner McCulley related
that he had met with the representative that had supplied the Police
Department with their new software, explaining that that software can use
their GIS software as a base map. He stated that those databases would
be able to communicate back and forth. He related that the Southern
software that the Police Department has would also generate any Police
activity regarding addresses. He stated that he is hoping to bring a
presentation of not only the GIS software but also Southern software
regarding how they work together before the City Council in the spring.
He then offered to supply the City Council with either monthly or
biannual reports regarding nuisance properties.
Alderman Fletcher related that his primary concern would be properties
that have attracted criminal activity.
Alderman Stroud offered a brief explanation of the changes, stating that
in the past the City could only demolish seven or eight houses at a time.
He continued saying that the process would begin with notification to the
owners allowing them the opportunity to demolish the property themselves.
He noted that if the City is forced to demolish the property that is when
a lien is filed against the property. He stated that there are generally
more houses deemed structurally unsound than the City can demolish within
a year. He explained that by putting all the houses on the list at the
same time and notifying owners that the properties are on the
condemnation list, it is hopped that some of those property owners will
act sooner to take appropriate action because it offers them more time.
He related that there are 102 vacant houses in Sunnyside that according
to City code 8.08.020 qualify as a nuisance, adding that the owners
should be notified to correct the situation, sell the house, or give it
to the City.
Alderman Smith moved, seconded by Alderman Howard to accept the priority
list as outlined. MOTION CARRIED.
Update on criminal activities by Chief Sipes
Chief Sipes commended the accomplishments of the narcotic officers,
informing the City Council of a recent drug bust the yielded 3 grams of
ice. He explained that ice is a very potent form of crystal meth. He
then related that the following week a search warrant resulted in the
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 5, 2009
7:00 P.M. – 7:40 P.M.
seizure of a meth lab out of a motel room. He noted that both events
resulted in numerous arrests. He related a further incident involving a
search warrant for a house on Karen Cove that yielded 25 lbs. of
marijuana, cocaine, and over $8,000.00 in cash. He noted that there were
four small children present in the house. He stated that the narcotic
officers are doing an excellent job. He then related that yesterday the
COP officers made three arrests at a vacant house where the residents
were in possession of crack cocaine. He related that the Police
Department has proclaimed war on drugs.
APPOINTMENT(S): ADVERTISING AND PROMOTIONS COMMISSION
Alderman Smith related that he has served as Chairman of the Advertising
and Promotions Commission since March 31, 2003, explaining that he feels
it is time to step aside and let other Aldermen be involved. He related
that Alderman Reedie Ray has indicated that he would be willing to serve
on the Commission.
Alderman Smith moved, seconded by Alderman Sansing to approve the
appointment of Alderman Reedie Ray to serve on the Advertising and
Promotions Commission. MOTION CARRIED.
ANNOUNCEMENT(S):
Mayor Swaim related that the new library would be officially opened
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February 14 on Valentine’s Day.
City Planner McCulley offered a brief demonstration of the new
presentation equipment. He offered the City Council and audience
examples of aerial photographs, maps, and plats. It was noted that the
Planning Commission would be the body to most utilize the new equipment.
Mayor Swaim recognized efforts by Director of Administration Jay Whisker
and Systems Administrator Barbara Daniel
ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at
approximately 7:40 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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