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09 JUL 02.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2009 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 July 2, 2009 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Fletcher 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 Fletcher also answered ROLL CALL declaring a quorum. PRESENT SEVEN (7), ABSENT (2). Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administration Jim Durham, City Engineer Jay Whisker, Public Works Director Jim Oakley, Human Resource Director Jill Ross, Police Chief Gary Sipes, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel, Fire Chief John Vanderhoof, Tommy and Judy Swaim, Mrs. Glenda Fletcher, Mrs. Mary Twitty, Mr. Mike Wilson, Mr. Tommy Dupree, Mr. John Ferrell, Mr. Curtis Green, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher noted that the minutes from the special set City Council meeting of June 24, 2009 would be available at the next regularly scheduled City Council meeting for approval and/or correction. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved, seconded by Alderman McCleary that the minutes of the Regular City Council meeting of 4 June 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for June 2009 from the Jacksonville Fire Department, which reflects a fire loss of $7,700 and a savings total of $202,300.00. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Rinker, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. RESOLUTION 629 (#8-09) A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF JACKSONVILLE, ARKANSAS, TO EXECUTE A CONTRACT OF OBLIGATION BETWEEN THE JACKSONVILLE WASTEWATER UTILITY AND THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY, AND, FOR OTHER PURPOSES. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2009 7:00 P.M. – 7:17 P.M. Alderman Smith moved, seconded by Alderman Stroud that Resolution 629 (#8-09) be read. Wastewater General Manager Thea Hughes stated that this Resolution is being proposed in lieu of a bond, explaining that it will allow the Wastewater Utility to operate their disposal facility at the treatment plant. She stated that the Department of Environmental Quality requires them to post a contract of obligation which has to be renewed every couple of years with an increased amount, adding that it is a requirement that it be adopted as a Resolution and passed by the City Council. At this time, MOTION CARRIED and City Attorney Bamburg read the heading of Resolution 629 (#8-09) Alderman Stroud moved, seconded by Alderman Howard to approve Resolution 629 (#8-09). MOTION CARRIED. b. RESOLUTION 630 (#9-09) A RESOLUTION FOR CREATION OF THE JACKSONVILLE EDUCATION ADVISORY COUNCIL TO ENHANCE AND EXPLORE THE EDUCATIONAL OPPORTUNITIES FOR THE CITIZENS OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Mayor Fletcher stated that Resolution 630 is being pulled from the agenda, offering the opportunity to broaden representation of the Education Advisory Council. c. DISCUSSION Ward 4, Position 1 Alderman vacancy Mayor Fletcher declared the seat of Alderman Ward 4, Position 1 vacant. He related the business of City Council to decide the process of how that seat will be filled. He noted that six candidates have expressed interest in being appointed to fill the vacancy. He noted that City Attorney Bamburg would not be able to attend the next regularly scheduled City Council meeting, adding that he feels it would be beneficial to have legal counsel during this procedure. He noted that it would move the item of business to the first meeting in August. Alderman Stroud related that he did not feel the need to have legal counsel, stating that the responsibilities of the City Council are clear. Mayor Fletcher questioned that with this many candidates, what is the process for the City Council to undertake. Alderman Stroud stated that he feels Council members have had an opportunity to review the résumés, adding that he is gratified that so many people put in for the position. He stated that as for himself, he is satisfied with one individual, adding that he does not believe there has ever been anyone on the City Council from the manufacturing section. He noted that the City has lost a lot of manufacturing businesses in the last fifteen or twenty years and he would like to see that start 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2009 7:00 P.M. – 7:17 P.M. returning. He stated that he is not certain how much good it would be, adding that it certainly could not hurt. Alderman Stroud moved, seconded by Alderman McCleary that John Ferrell be appointed to fill the vacant seat of Alderman Ward 4, Position 1. City Attorney Bamburg clarified that the motion has been seconded, taking precedent. Mayor Fletcher asked for discussion. Alderman Sansing noted that the election is quite some time away and the City does not like to spend unnecessary money, but added that there are six candidates and he feels with that many people seeking the position it is in the best interest of the City to let the citizens choose who is to fill the vacancy. He stated that he has never been in favor of the City Council choosing individuals for an empty seat, explaining that when he won his seat there were six individuals also seeking the position. He noted that a special election was not held but the seat was left vacant for eight months before the regular election. He stated that it is his belief that as an elected position, it should be elected by the citizens. Alderman Howard questioned if State Statutes require that the City Council make this appointment in lieu of a citizen vote. City Attorney Bamburg concurred that the Statute provides that it is to be appointed by the City Council, although the City Council has the option, if desired, to set a special election. Alderman Sansing reminded the City Council that they choose to keep the seat open when there were six candidates for his seat. Alderman Smith noted that the length of vacancy was not as long as this time period would be. Alderman Sansing concurred, saying that it was only eight months, not a year and a half as it is now. He added that he is not proposing that the seat be kept open that long, only to offer the citizens an opportunity to choose. Alderman Elliott questioned City Attorney Bamburg regarding clarification, saying that he did not believe that the statute provided for a special election. He added that while he is not sure, he believes that was addressed at the last legislative session. City Attorney Bamburg reiterated that the vacancy is to be appointed by the City Council which is what the statute provides, which normally leads to the City Council making the appointment, although the City Council has the authority to refer any question to the people. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2009 7:00 P.M. – 7:17 P.M. Alderman Howard called for a vote on the motion. Mayor Fletcher explained that a question to the motion has been called and there is no discussion for a question on a motion. He restated the motion before City Council. Roll Call: Aldermen Elliott, Smith, McCleary, Rinker, Stroud, and Howard voted AYE. Alderman Sansing abstained. MOTION CARRIED. Mayor Fletcher announced that John Ferrell is to fill the vacancy of Alderman Ward 4, Position 1. ADDITION TO AGENDA: FINAL PLAT Northlake Subdivision, PH XII-A City Engineer Jay Whisker presented the City Council with copies of the Final Plat as approved by the Planning Commission with stipulations. Alderman Stroud moved, seconded by Alderman Howard to suspend the rules and place the Final Plat of the Northlake Subdivision PH XII-A on the agenda. MOTION CARRIED. City Engineer Jay Whisker related that the developer has been working to satisfy the stipulations set by the Planning Commission, noting that he is only shy a slight amount of sidewalk and the block wall where the power lines are located. He stated that the Planning Commission Chairman will not sign the plat until those stipulations are satisfied. In response to a question from Alderman Elliott, City Engineer Jay Whisker related that there had been a problem with the street, explaining that the developer has now finished the street. Alderman Elliott moved, seconded by Alderman Stroud to approve the Final Plat contingent upon completion of all stipulations. MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): Jacksonville Patriotic Spectacular rd July 3 at Jan Crow Stadium, Jacksonville High School beginning at 7:00 p.m. PRESENTATION TO FORMER MAYOR TOMMY SWAIM Former Mayor Swaim was presented with a plaque/clock from the City Council honoring him for over 25 years of dedicated service to the City of Jacksonville. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2009 7:00 P.M. – 7:17 P.M. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:29 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 5