09 FEB 05.docCITY 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:
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.
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.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1360 THIS 5th 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
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.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1361 THIS 5th 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.
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.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1362 THIS 5th 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
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.
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
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 February 14th 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