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13 AUG 01CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 1, 2013 7:00 P.M. – 7:50 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 August 1, 2013 at the regular meeting place of the City Council. Alderman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT SEVEN (7), ABSENT (3). Others present for the meeting were: City Attorney Robert Bamburg, Finance Director Cheryl Erkel, Police Chief Gary Sipes, Human Resource Jill Ross, IT Director Barbara McDaniel, Director of Administration Jim Durham, Public Works Director Jim Oakley, Fire Chief Alan Laughy, CDBG Director Theresa Watson, 911 Communications Director Tabby Hughes, Code Enforcement Officer Charley Jenkins, Johnny Simpson, Daniel Gray, Glenda Fletcher, Marie Fletcher, Jennifer Niemeyer, Keith Vaughan, Dr. Guess, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of July 18, 2013 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Ray moved, seconded by Alderman Bolden that the minutes of the regular City Council meeting of 2 July 2013 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1494 (#25-2013) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES. Alderman Sansing moved, seconded by Alderman Bolden that Ordinance 1494 be placed on THIRD and FINAL READING. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 1, 2013 7:00 P.M. – 7:50 P.M. Attorney Keith Vaughn addressed the City Council provided copies of a warranty deed and affidavit regarding the property addressed as 111 North James Street. He stated due process is provided to citizens before property is taken, saying that by evidence provided tonight and the complete file provided by Code Enforcement there has not been even one notice to the legal owner of the property. He stated that the legal owner is Center West Properties, LLC. He pointed out that the property deed is in the name of Center West Properties, LLC as of May 2007. He then referenced a document from the Secretary of State showing that the agent for service of process for that corporation as being Kellie Lewallen of Newport, Arkansas and an affidavit of Kellie Lewallen saying that as agent she has not received one notice from the City of Jacksonville concerning any item regarding the property at 111 North James. He then referenced a letter sent from Code Enforcement to Centennial Bank, the lien holder, adding that State law requires that the lien holder be notified if the property is being considered for condemnation. He stated that the only notice provided to Centennial Bank was sent August 21, 2012 saying that the hearing regarding this would be held on September 6, 2012 @ 7:00 p.m. He stated that he attended that meeting to speak on this issue and the property was removed from the agenda. He continued saying that neither the Bank nor the property owner received any kind of notice of any change on the agenda, adding that the property owner never received notice that it was on the agenda. He stated that Code Enforcement sent a notice of public nuisance and the City Council meeting to Sy Niksefat in Beverly Hills, CA. He then stated that the only other certified copies of green cards that were provided by Mr. Bamburg from the Code Enforcement file were letters that were sent to his office. He stated that it is very important for the City Council to decide if proper notice was given to the property owners, adding that he has reviewed the file and proper notice was not given. He asked that City Council authorized the Mayor and City Attorney to talk with him, the property owner, and the corporation about resolving this issue short of going to court. He stated that if the Ordinance is approved including 111 North James, he will be forced to sue the City, because it is enforcing a lien that is not valid. He stated that he would hope the City Council would not approve the Ordinance including this property so that there can be discussion regarding the proper remedy for the property owner who did not get notice. He offered to answer any questions the City Council may have. Alderman Ray called for a question to the motion. ROLL CALL: Aldermen Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, and Robinson voted AYE. NAY (0). MOTION CARRIED whereupon City Attorney Bamburg read the heading of Ordinance 1494 (#25-2013). Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1494 be APPROVED AND ADOPTED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 1, 2013 7:00 P.M. – 7:50 P.M. In response to a question from Alderman Traylor, Code Enforcement Officer Charley Jenkins offered that in the title search performed by Pro-Land Title Company; on each page the initials of SN appear for Sy Niksefat, adding that there is no signature of anyone else in connection with Center West Properties, LLC. on the title search. He continued saying that letters were sent to Sy Niksefat notifying him not only of the first City Council meeting where it was pulled from the agenda because Centennial Bank had not been notified but then Centennial Bank was notified of the notice of public nuisance and Mr. Niksefat and Mr. Vaughn were re-notified on each and every occurrence. He stated that he takes issue with Mr. Vaughn saying that they were not properly notified. He then related that on the very outset of this process he talked to a Kellie Birdsong from Newport, Arkansas. He continued saying that he is not sure if that is Kellie Lewallen, adding that she identified Mr. Niksefat as the primary. He stated that he has not seen the affidavit provided by Mr. Vaughn, adding that he only knows of his telephone conversation with Kellie Birdsong. He contends that they were properly notified and that Mr. Niksefat is Center West Properties, LLC. City Attorney Bamburg concurred, saying that there are no issues with the notices or the circumstances and the information in the email was not accurate. He then stated that the City has always known that Mr. Niksefat owned the property and notice has been given multiple times not only to him but also to Mr. Vaughn on his behalf, as well as the mortgage holder. He stated that the City has gone beyond what is required by State statute. Mayor Fletcher stated that the City went through this same situation on the condemnation and Mr. Vaughn represented Mr. Niksefat. He said that it was obvious that there was an unsafe structure for years that was not addressed. He stated that while he recognizes individual’s rights, they also have a responsibility to take care of their property and it had not been taken care of and the City Council acted wisely and rightly. He added that the City has followed the procedures properly regarding documentation and it is time of the City to be paid for its services. ROLL CALL: Aldermen Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, and Robinson voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1494 THIS 1st DAY OF AUGUST 2013. b. DISCUSSION: “Engaging the community in our schools” Dr. Jerry Guess Mayor Fletcher stated that education is not only about the school’s role but also the community’s role. He recalled that Ms. Goodnight, the new middle school principal was here a week ago trying to get the community CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 1, 2013 7:00 P.M. – 7:50 P.M. engaged and introducing herself to the community. He added that he has invited Dr. Guess to speak and offer the community opportunities where it could step in to help our educators and the role of educating the students. Dr. Jerry Guess stated that this is his third year as Superintendant of this school district. He stated that his time in the School District has been busy but rewarding. He related that there are a lot of variables that affect a child’s education. He added that it is critical for the parents and the community to be engaged in and support the education of the students in the schools. He stated that it is well known that Jacksonville has a great commitment to the schools. He noted that the math scores at the Jacksonville High School improved by 30 plus points, saying that many people are responsible, mentioning Henry Anderson, the principal and a lot of the teacher who worked very hard. He pointed out that Ms. Goodnight was specifically responsible for the math score improvement. He noted that the North Pulaski students earned the most scholarships of the six schools in the District. He offered a brief explanation of the standardization of curriculum known as the common core standards, saying they are another evolution of expectations for students. He stated that these standards are intended to help the students compete nationally for scholarships and jobs. He stated that it also helps prepare them to compete internationally by allowing them to study and prepare for the types of challenges they will face in language, arts, reading, math, and science. He assured the City Council that they are working very hard to transition to common core, noting that this year will be common core application at the high school level. He then related that there is a new assessment 1415, explaining that it is not an Arkansas based assessment but a nationally based assessment. He stated that the effort is to make sure that students have a rigorous curriculum taught by teachers who are trained in common core standards and then assessed on a national testing. He stated that there is nothing more important for a student’s education than the “home support” to help keep a student on the right course. He related that the parents need to get involved and go to the school. He noted that Ms. Goodnight is having an open house next week and the parents need to turnout and show support. He then issued a few points for note being the discipline standards on the part of the school and parents that support the discipline rules in working with the schools. He added that they are concerned about student attendance, saying students cannot learn if they are not at school. He added that another goal this year is to improve teacher attendance, accrued leave had been the order of the day, and so there is an attitude that needs to be changed. He noted that last year the District spent approximately 2 million dollars for substitutes. He stated that staff development will begin next week concerning expectations for the coming school year regarding how they are going to apply the common core curriculum and move toward those national CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 1, 2013 7:00 P.M. – 7:50 P.M. assessments. He then related that they are moving toward a different assessment model for teachers, explaining there is a test program that is a new effort by the State of Arkansas to evaluate teacher performance. He pointed out that all administrators have been trained in the test model and all have passed the test themselves. He touched on the need for summer remediation programs, after school remediation programs regarding a clearer definition for curriculum expectations in the District. He pointed out that there needs to be a better job of coordinating the curriculum across the 36 campuses. He stated that they are doing more in the technology field, noting that Jacksonville High School has a school improvement grant, noting they have 2 million dollars more this year to spend for extraordinary measures to help students. He stated that he is putting extra people at Jacksonville High School, explaining that they are doing a lot of work from the District office to help Mr. Barnes be successful on that campus. He reiterated the multitude of variables, mentioning that there is a lot of research stating that one of the most powerful indicators is the education level of the mother. He explained that mothers are usually the person at home, driving the student to perform well. He then stated that issues of poverty are critical to performance, saying that it is hard if a family is struggling to make sure their student goes to college. He related that poverty is the greatest common denominator in their challenge. He reviewed the free and reduced lunch rate for Jacksonville High Scholl as being 61%; Jacksonville Middle School is 76%, adding that Pinewood is 77%, Dupree is 79%, Taylor is 85%, Adkins Pre-K 87% and Bayou Meto is 79%. He stated that this same situation exists across the District. He urged that these issues are significant. He then related that there are percentages on the other end, noting that Baker is 20%, Chenal is 27%, and Maumelle is 41%. He related that the different situations call for different reactions as they work with the students. He stated that they are pushing very hard to make improvements in curriculum and in assessment, adding that they are committed to the common core curriculum, its implementation and its effectiveness. He continued saying that they are committed to the 1415 assessment and the use technology. He pointed out that they are putting a lot of technology into their schools, saying that by the time school starts all of the middle schools will have wireless connectivity. He added that then they will push on to the High Schools to make sure they are all wirelessly connected and have a plan to use the technology well. He stated that extra staff is being placed at Jacksonville High School to work in the technology program. He related that he is optimistic about the future. Discussion ensued regarding ways to address some of the issues of poverty by helping the parents who are struggling to improve their circumstance or skills. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 1, 2013 7:00 P.M. – 7:50 P.M. Mr. Guess noted that they have an adult education program, adding there are a lot of other services for parents who need assistance in training and job work. He then related that they are also working this year to get those parents to school, pointing out that the schools have social workers as well as counselors. Mayor Fletcher mentioned the desegregation issue, asking Dr. Guess to address that if he could. Dr. Guess noted that when he came to the District, the obligation was fiscal distress. He related that the District had to be fiscally sound or the Statute at the time would have divided the District at the end of two years if it were not sound enough to go back to the Board. He pointed out that the law was changed this year with an extension out to five years and they are in the third year of that fiscal distress expiration as a result of the change in the Statute. He stated that he has always been concerned about the deseg situation and the return to unitary status. He explained that the District was found in 88 or 89 to be in violation of certain rights that indicated that students and adults were not treated fairly. He related that there was a similar case filed in Camden, saying they worked through 10 years of a deseg program there and regained unitary status, phased down with some State funding but continued a lot of the services. He stated that it really was important to that community to regain unitary status and it is the same with Jacksonville. He pointed out that another powerful obligation he felt was to push the unitary declaration for the District again. He stated that they have been working very hard to prove to the various monitoring groups to prove that they were unitary, adding that he believes they can do that. He noted that there is a hearing December 9th that was requested by the State before Judge Marshall, explaining that the issue is whether funding should be withdrawn. He said that they believe it is critical they offer their evidence of unitary status prior or reach a stipulated agreement that they are unitary with the various groups that are monitoring them. He continued saying that they believe they can get unitary in eight areas, pointing out that there are nine areas. He stated that the ninth area is facilities, saying that one of the issues for Jacksonville is facilities. The facilities in the Jacksonville area need to be addressed, adding that he believes the State is in a situation where getting unitary facility is going to be difficult because there is a great disparity between the facilities within the District. He then stated that in the last two years they have tried hard to address the facilities issues. He related that although they are in fiscal distress, they had a large amount of money in a building fund that is generated by a tax revenue specifically intended to be used for building related issues. Last year they spent eight million dollars, doing a lot of work on the schools including Jacksonville. He stated that they have tried to produce buildings that are clean, maintained and inviting to students. He added that they plan to spend another four million this year, with the goal being “safe, warm, and dry”. He noted that a new security director CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 1, 2013 7:00 P.M. – 7:50 P.M. has been hired to address security issues at the schools. He stated that there would be two District security coordinators, one north of the River, one south. He related that the goal is to improve the buildings, so that the community knows that they valued your buildings. He added that there is still the issue of unitary status concerning facilities, which is one of the issues that the State will grapple with. He stated that he promoted the separation of the Jacksonville school district because he believes in the development of that district, adding that Jacksonville will get additional assistance from a partnership program to work on facilities. He stated that based on the program Jacksonville will get a 60 to 65% match for the buildings constructed if the program does not change. He related that he believes it would help in their efforts to regain unitary, saying that Pulaski County would still have a lot of challenges but fewer. Jacksonville could take care of the facilities issues here. Alderman Bolden stated that he appreciates Dr. Guess’ support in Jacksonville’s vision. He noted his tenure on the School Board, acknowledging that Dr. Guess was the first Superintendant to say that Jacksonville needs its own district. Mayor Fletcher expressed his appreciation to Dr. Guess, saying that he is one of the best things that has happen to the District. Dr. Guess noted that if everything works out they are going to convert the Jacksonville Elementary property to City property at the next Board meeting, which will be week after next. c. PRESENTATION: Debriefing regarding joint exercise with Little Rock Air Force Base Chief Laughy noted that recently the Little Rock Air Force Base conducted its 24th annual exercise, saying that it consisted of a dirty bomb exercise. He stated that it was a simulated small explosion terroristic event with a radiological indicator at the joint education center. He noted that the location is one block away from Station Three so they responded first. He stated that the first person on scene was Captain James from Engine Three and provided a detailed scene size up, taking command of the incident. He then immediately ordered the necessary resources for more than 50 victims. He stated that it takes courage to be the first person on scene and Captain James did a fantastic job. He stated that Chief Hill served as Battalion Two, arriving shortly after, validated scene size up and resources needed and confirmed response by the Air Base. He coordinated patient triage with Captain James and Safety Officer Captain Jones. He continued saying that Chief Smart arrived from the Air Base and the incident command was changed to a unified command. He stated that they worked together to make sure that everything that needed to be done for the incident was coordinated and carried out. He related that the Base Emergency Operation Center (EOC) was soon CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 1, 2013 7:00 P.M. – 7:50 P.M. activated, EOC operations needed a report on possible victims and a plan for resources but due to the quick actions of the Jacksonville firefighters they already had that information and coordinated that with the information channels and it was given to the EOC. He explained that minutes later Chiefs Hill and Smart announced a communications plan, explaining the use matching on one and two for the unified incident commanders and two of the top groups to be used on scene for various agencies. He stated that working as a unified incident commander with Air Base, Chief Hill established a staging officer for coordination of emergency resources, doing an outstanding job. He then established a transport officer for the coordination of transporting patients to the local area hospitals. He stated that Captain James completed his first dim-count of 10480. He explained that dim stands for dead, injured, and missing. He stated that Captain James explained that to Chief Hill and EOC representative and directed the transport of 30 victims at that time. He stated that all the patients were transported to local area hospitals and they were released from the scene by the incident commander Chief Smart. He then related that when he attended the debriefing, the Inspector General praised the Air Force Base, saying that the exercise went so well they did not plan to come back later in the year. He added that the Inspector General also stated that Little Rock Air Force Base set the standard for other air bases in having a joint interoperability partnership with outside agencies. He stated that Chief Smart has expressed his appreciation for Jacksonville’s participation and is very pleased with the performance. He stated that he would like to recognize the six key Fire Department members in this exercise. He noted Battalion Chief Eddie Hill, Captain Bill James, Captain David Jones, Firefighter Ray Brazzell, Firefighter Andy Bates and Firefighter Ragan Covington. He then acknowledged retired Chief Stringfellow, saying that he has been his mentor for 20 plus years. Director of Administration Jim Durham credited the City Council for voting to replace the radio system that created the interoperability necessary to make this exercise the success it was. Mayor Fletcher noted that with the new public safety building the operations have stepped up to a higher level of professionalism. He noted the training and equipment is on a higher level. Mayor Fletcher then stated that on another matter he would like to publicly take full responsibility for the strained relationship with the Chamber of Commerce. He noted the current petition drive regarding the wet/dry issue, saying that it is one of the most important economic decisions for the City of Jacksonville. He noted that the newspaper has made the issue with the Chamber public and he would like to address it CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 1, 2013 7:00 P.M. – 7:50 P.M. publically. He stated that as the leader of the City it is up to him to accept that responsibility and make sure that the different facets work together as a community. He stated that we all benefit when something good happens in the community and likewise, we all suffer when something bad happens. He stated that all cities have issues, noting that social media such as Facebook can be misused to hurt people or a community. He stated that he read a lot of misinformation and hurtful things, saying that the Chamber of Commerce is important to the City and to him. He stated that he is pledging to reconcile with the Chamber, noting that they have good leadership and recognizing the attendance of Chamber President Larry Biernacki. He stated that he is asking for forgiveness for not leading more in a unified way, saying that we are going to be unified henceforth. Chamber President Larry Biernacki echoed those sentiments. APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:50 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer