09 OCT 15.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 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 October 15, 2009 at the regular meeting place of the Council.
Alderman Smith 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, Ray, Rinker,
Ferrell, Stroud, Twitty, and Howard answered roll call. Mayor Fletcher
also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0).
Others present for the meeting were: City Attorney Robert Bamburg, Acting
Deputy City Clerk Jennifer Martin, Director of Administration Jim Durham,
City Engineer Jay Whisker, CDBG Director Theresa Watson, Finance Director
Paul Mushrush, IT Systems Administrator Barbara Daniel, Parks and
Recreation Director Kristen Griggs, Public Works Director Jim Oakley,
Human Resource Director Jill Ross, Police Chief Gary Sipes, Fire Chief
John Vanderhoof, City Planner Chip McCulley, Glenda Fletcher, Ivory
Tillman, Becky Brooks, Addie Gibson, Pastor Larry Burton, Mark Stroud,
Art Brannen, Mike Wilson, Rizelle Aaron, Larry Smith, Billy Gilmore,
interested citizens, and members of the press.
PRESENTATION OF MINUTES:
Mayor Fletcher presented the minutes of the regular City Council meeting
of October 1, 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 Ray that the minutes of the
regular City Council meeting of 17 September 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 September 2009 from the Jacksonville Fire Department,
which reflects a fire loss of $57,800.00 and a savings total of
$144,200.00.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for September 2009 regarding 2009/2008 yearly crime
statistical comparison.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Animal Control Report for September 2009. Said report reflects:
ADOPTION/FINES: $1,935.00
CONTRIBUTIONS: $ 41.00
TOTAL: $1,976.00
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for September 2009. Said report reflects:
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 18 Building Inspections 36
Business License 5 Electrical 43
Plumbing 37
HVACR 27
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 308 Notice of Noncompliance 42
Property Mowed 59 Towed 8
Trash Letters 26 CONDEMNATIONS
Trash Removal 5 Structural Maint. Letter 0
Property Maint. Letters 49 Structural repairs made 0
Cost $3,035.00 Demolitions 0
CITATIONS WARRANTS
Debris & open storage 0 Arrest 0
Property maintenance 0 Search 1
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker,
Ferrell, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. CONTINUED PUBLIC HEARING regarding ORDINANCE 1381 (#24-09)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §§ 8.01 (PROPERTY
MAINTENANCE) AND 8.03 (NUISANCE ABATEMENT); 8.20, 8.24, 8.26, 8.28, 8.32,
16.04.010, AND OTHER PROVISIONS IN CONFLICT HEREWITH; DECLARING AN
EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Fletcher related that questions were submitted referring to the
Right of Entry provision, asking City Attorney Bamburg to respond and
clarify those concerns.
City Attorney Bamburg explained that the Right of Entry provision has
been in place within the Jacksonville Municipal Code for many years,
pointing out that the original ordinance addressing Right of Entry was
adopted in 1974. He stated that in the process of addressing concerns,
other cities were researched that have Right of Entry provisions in their
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
Codes, noting that in comparison, the City of Jacksonville is not as
strict as surrounding cities. He pointed out that policy and procedure
would not change from what is in place. He then explained that when
there is a code issue and the property owner allows Code Enforcement onto
the property to address that issue, Right of Entry would not be a factor.
He added that if the property owner is not available or does not choose
to grant Code Enforcement necessary access, the provisions would allow
the City to address that issue through an affidavit and search warrant
process. He explained that it is reviewed by District Court Judge
Batton, who will address what is commonly referred to as “probable cause”
in order for that to be approved. He stated that once approved by Judge
Batton, it is filed with the Court and the Code Enforcement Officer can
proceed, following the instructions that were approved by the Judge. He
stated that all Constitutional provisions, measures, and rights are
protected, not only for the property owner but also on behalf of the
City. He added that it is not a circumstance where property owners are
allowed to prevent or prohibit Code Enforcement Officers from addressing
safety or community concerns. He stated that the Right of Entry
provision is currently in City Code to address any type of Code violation
ranging from grass letters to the implementation of building codes. He
reiterated that the Right of Entry procedure exists currently in the
Jacksonville Municipal Code, and procedures would not change.
He then noted that Alderman Elliott had addressed the possibility that
when developing this Ordinance from the North Little Rock ordinance,
there may have been a circumstance where part of a sentence was left out
in the cut and paste process. He stated that if Council members choose,
there could be an amendment to Section 8.01.010 to add that language.
Alderman Elliott offered that Section 8.01.010 be amended to include the
wording “or premises at reasonable times to inspect, subject to
Constitutional restrictions on unreasonable” beginning after the word
“structures” and before the words “searches and seizures”.
City Attorney Bamburg advised that amendments be held until after
approval to be placed on second reading.
Alderman Smith moved, seconded by Alderman Ray to place Ordinance 1381 on
SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1381.
Alderman Elliott moved, seconded by Alderman McCleary to amend Section
8.01.010 Right of Entry to mirror that of North Little Rock’s Right of
Entry clause “authorized to enter structures or premises at reasonable
times to inspect, subject to Constitutional restrictions on unreasonable
searches or seizures”. ROLL CALL: Aldermen: Elliott, Smith, McCleary,
Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE.
MOTION CARRIED.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
Alderman Sansing moved, seconded by Alderman McCleary to amend Section
8.01.060 Definitions under Abandoned Motor Vehicle, to include the
sentence “Vehicles at residences or in storage are exempt from the
seventy-two (72) hours” at the end of the definition; and to strike the
definition of Dust Free Surface.
Alderman Stroud stated that he would like to retain the definition,
noting that there are some used car lots that are on grass. He stated
that he felt the definition would be used in the future.
Alderman Sansing moved, seconded by Alderman McCleary to remove the
amendment to strike the definition of Dust Free Surface.
ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker,
Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Mayor Fletcher recognized Alderman Stroud regarding a PowerPoint
presentation. Alderman Stroud demonstrated via PowerPoint, areas in the
City requiring various types of maintenance, cleanup, and code violation.
He also demonstrated “success stories” regarding areas that formed a
partnership with CDBG to improve their site. He noted that the pictures
were taken this week.
Mr. Rizelle Aaron asked for a point of clarification, prefacing that the
Ordinance is a “great” ordinance and that the City Council has done an
outstanding job. He then stated that they are concerned about the fine
print that was added to the full ordinance when they were put together.
He offered that it was an excellent amendment to the ordinance regarding
search and seizure. He stated that his question for clarification
involves law enforcement, saying that law enforcement is busy with crimes
and has enough work to do, questioning law enforcement’s involvement in
Code Enforcement and are they qualified to do Code Enforcement work.
City Attorney Bamburg explained that from the standpoint of law
enforcement being involved, in some circumstances where Code Enforcement
is implemented or attempted, it becomes a matter where law enforcement
has to become involved when it turns from a Code Enforcement Officer
attempting to do his job, to a circumstance where the Code Enforcement
Officer's safety becomes questionable. He stated at that point, Police
are there to do their job as Police Officers, to serve and protect, not
to check electrical wiring, HVACR, or any other matters that Code
Enforcement Officers are trained to perform.
Mayor Fletcher reiterated that this is not a lot more than what is being
done now. He stated that enforcement will be more diligent. He stated
that to clarify the words “fine print”, he would like to assure that
nothing was snuck into the ordinance, it is all above board. He stated
that the City is being open and honest. He stated that in reference to
it being said that this Ordinance is targeting seniors, minorities, and
poor people; we are one community, and “I am the Mayor for everybody.”
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
He stated that for citizens that need help, the City has the ability to
help them. He recognized CDBG Director Theresa Watson, citing a
circumstance where the City is helping a citizen with new housing needs
because her home is dilapidated. He noted that many of the churches are
willing to donate labor to help senior and handicapped citizens. He
stated that there is no excuse for anyone to have to live in a deplorable
condition, saying that we have to quit accepting “status quo” as our
standard, adding that we have to raise ourselves up because no one else
will. He stated that in life you are either part of the problem or you
are part of the solution, and you have to make up your mind which part
you are going to be. He noted the formation of a Landlord Association
consisting of 100 members representing 1,000 properties in Jacksonville.
He stated that those 100 members want to partner to make Jacksonville
better, who represents the grass roots, from the bottom and up. He
related that this Ordinance is the government working from the top down.
He stated that following the implementation of the Ordinance, he would
like to work to create neighborhood associations to make neighborhoods
better by setting a higher standard. He stated that many citizens’
greatest investment is in their house and this will protect that
investment. He stated that he does not have time for anyone who wants to
be divisive regarding this issue, as a community we are heading in this
direction and we are not going to be sidetracked.
In response to a question from Mr. Jerry Reichenbach, Mayor Fletcher
explained that the bedroom requirements offer Code Enforcement an
opportunity to address unsanitary and unsafe situations.
Alderman Stroud moved, seconded by Alderman Smith to APPROVE Ordinance
1381 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED.
b. ORDINANCE 1384 (#27-09)
AN ORDINANCE TO AMEND AND MODIFY JACKSONVILLE MUNICIPAL CODE § 2.44.010
(EMPLOYEE POLICY MANUAL); AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Sansing to place Ordinance 1384
on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1384.
Alderman Smith moved, seconded by Alderman McCleary to APPROVE Ordinance
1384 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
Alderman Elliott moved, seconded by Alderman McCleary to suspend the
rules and place Ordinance 1384 on SECOND READING. ROLL CALL: Aldermen
Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1384.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1384 on THIRD AND FINAL READING. ROLL CALL: Aldermen
Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1384.
Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1384 be
APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED.
th
ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1384 THIS 15 DAY OF OCTOBER
2009.
c. DISCUSSION regarding Manor House Apartments
Mayor Fletcher related that the property is located adjacent to Dupree
Park and is currently being held by Fannie Mae. He explained that the
City had been involved in trying to obtain a lease on the property to no
avail. He asked if the City Council would support efforts to secure the
property on a public purpose basis. He noted the advantages of being
able to address the vehicular safety hazard and improve traffic flow. He
stated that securing the property would also enhance the park, which is
the largest public used facility within the City. He stated that this
area could be considered a gateway to the City, explaining that often it
is the first impression visitors to ball tournaments, or Wing Ding, have
of our City. He noted that this area was included in the Parks and
Recreation Master Parks Plan this year. He stated that he would like for
the City to secure the property and tear down the L-shaped apartment
building and include the land into the Park system. He suggested that
the City may be able to recoup some expenses through the other apartment
building located on the property.
In response to a question from Alderman Smith, Mayor Fletcher stated that
the City is in the process of obtaining an appraisal, adding that he does
not feel the appraisal will come close to what Fannie Mae feels the
property is worth.
City Attorney Bamburg offered that there are a few options available to
the City Council, explaining that the property could be considered for
public purposes. He further explained that some provisions of the law
allow, particularly for Parks and Recreation, for eminent domain. He
stated that one of the main factors that applies to the location is the
safety issue regarding the traffic hazard created at the entrance to
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
Dupree Park. He related that City Engineer Whisker has worked on
preliminary possibilities of modifying the Park’s entrance to eliminate
the traffic hazards and create a better traffic flow, which in turn will
enhance the safety factor for vehicles as well as pedestrians. He noted
that with the additional property, the City would be able to develop a
playground similar to the Marshall Smith children’s playground on the
other side of the entrance. He stated that the other direction would be
to approach the property from the standpoint of structural issues that
exist.
Alderman Sansing expressed his support for approaching the situation from
the direction of public purpose, since the property is located adjacent
to the Park and is so close to the entrance.
Alderman Howard moved, seconded by Alderman Stroud to grant authority to
move forward with the process of eminent domain. MOTION CARRIED.
DEVIATION IN AGENDA:
d. ORDINANCE 1385 (#28-09)
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.
Alderman Smith moved, seconded by Alderman McCleary to suspend the rules
and place Ordinance 1385 (#28-09) on the agenda. MOTION CARRIED.
Alderman Elliott moved, seconded by Alderman Smith to place Ordinance
1385 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading
of Ordinance 1385.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1385
on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Stroud to suspend the rules
and place Ordinance 1385 on SECOND READING. ROLL CALL: Aldermen Elliott,
Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and
Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1385.
Alderman Stroud moved, seconded by Alderman McCleary to suspend the rules
and place Ordinance 1385 on THIRD AND FINAL READING. ROLL CALL: Aldermen
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1385.
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1385 be
APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED.
th
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1385 THIS 15 DAY OF OCTOBER
2009.
e. Request to Accept Bid for Audio System in the Council Chamber
Alderman Smith moved, seconded by Alderman Howard to suspend the rules
and place the bid for the Audio System on the agenda. MOTION CARRIED.
In response to a question from Alderman McCleary, IT Administrator
Barbara Daniel concurred, that the low bid is the same company that
installed the video system in the Chamber.
Alderman Smith moved, seconded by Alderman Ray to approve the low bid
from Online Technologies in the amount of $24,121.15 with funds to be
drawn from the Building, Repair, and Maintenance budget. MOTION CARRIED.
APPOINTMENT(S): NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD
Alderman Smith moved, seconded by Alderman Ray to approve the
reappointment of Bill Thompson to the North Pulaski Waterworks Public
Facilities Board for a term to expire 10/02/2012. MOTION CARRIED.
A brief discussion ensued regarding considerations for RV, boat, and
motor home guidelines that may be added to the Ordinance following
further development.
Alderman Stroud noted that there has been some consideration regarding
the City providing a parking opportunity for RV’s, boats, and motor
homes.
Alderman Smith moved, seconded by Alderman Stroud to adjourn to Executive
Session at approximately 8:08 p.m. to discuss a personnel matter. MOTION
CARRIED.
Alderman McCleary moved, seconded by Alderman Smith at 8:25 p.m. to
reconvene from Executive Session. MOTION CARRIED.
Mayor Fletcher announced that no formal decisions were forthcoming from
Executive Session.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
ANNOUNCEMENT(S):
ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at
approximately 8:25 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR GARY FLETCHER
City Clerk-Treasurer
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