City Council
Regular MeetingJacksonville, AR · August 4, 2016
Minutes
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 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 4, 2016 at the regular meeting place of the City
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, Bolden, Sansing, Ray, Mashburn, Traylor,
Smith, and Howard answered ROLL CALL. Mayor Fletcher also answered ROLL
CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Alderman McCleary
arrived at approximately 7:02 p.m. and Alderman Twitty was absent.
Others present for the meeting were: City Attorney Robert Bamburg,
Director of Administration Jim Durham, Human Resource Director Jill Ross,
Fire Chief Alan Laughy, Finance Director Cheryl Erkel, CDBG Director
Theresa Watson, IT Director Scott Rothlisberger, Public Works Director
Jim Oakley, City Engineer Jay Whisker, Police Captain Kelly Smiley, Parks
and Recreation Director Kevin House, 911 Director Tabby Hughes, Alderman
Elect Les Collins, Planning Commission Chairman Jim Moore, Planning
Commissioner Patrick Thomas, Keith Weber, David Jones, Roberta Bonham,
Johnny Simpson, Phillip Carlisle, interested citizens, and members of the
press.
PRESENTATION OF MINUTES:
Mayor Fletcher presented the minutes of the regular City Council meeting
of July 7, 2016 for approval and/or correction at the next regularly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Howard moved, seconded by Alderman Bolden that the minutes of
the regular City Council meeting of 2 June 2016 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved, seconded by Alderman Bolden to approve the Regular
Monthly Report for June 2016 regarding annual crime statistical
comparisons.
Code Enforcement for June 2016
Assigned Calls 155
Self-Initiated Calls 595
Follow ups 539 Basketball Goals 6
Meetings/Court Hearings 16 Structures Inspected 4
Warnings Issued 43 Rental Properties Inspected 3
Notices/Letters Written 70 Properties Red Tagged 0
Vehicles Tagged 7 Search Warrants Served 0
Vehicles Towed 1 Structures Rehabbed 0
Lots posted 20 Structures Condemned 0
Signs removed 56 Houses Demolished by City 1
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
Trash cans tagged 6 Houses Demolished by Owner 0
Parking Violations 60 Tickets Issued 0
Grass Letters 51 Grass Mowed 35
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved, seconded by Alderman Bolden to approve the regular
monthly report for June 2016 from the Jacksonville Fire Department,
reflecting a fire loss of $3,000.00 and a savings total of $117,000.00.
REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT
Alderman Ray moved, seconded by Alderman Bolden to approve the regular
monthly report for June 2016.
PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED
Building Permits 18 Building Inspections 35
Business Licenses 9 Electrical 30
Plumbing 26
HVACR 16
REGULAR MONTH REPORT/ANIMAL CONTROL
Alderman Ray moved, seconded by Alderman Bolden to approve the regular
monthly report for June 2016.
ADOPTION FEES/FINES $1,375.00
CONTRIBUTIONS 0.00
TOTALS $1,375.00
ROLL CALL: Aldermen: Elliott, Bolden, Sansing, Ray, Mashburn, Traylor,
Smith, and Howard voted AYE. MOTION CARRIED.
WASTEWATER DEPARTMENTS:
WATER DEPARTMENT:
FIRE DEPARTMENT: ORDINANCE 1556 (#16-2016
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF THREE (3)
STRYKER REFURBISHED AND CERTIFIED PRO COTS FOR THE JACKSONVILLE FIRE
DEPARTMENT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Chief Laughy offered his reasoning for the request, explaining that over
the past 17 years, they estimate that approximately 30 firefighters have
had back injuries. He added that 62% of firefighter back injuries come
from EMS related task; most of those are lifting and moving patients. He
stated that last year 86% of their emergencies were EMS related. He
related that the NREMT (National Registry of Emergency Medical
Technicians) recommends that four personnel be used to lift and move
patients on a cot, adding that often they have had two. He then stated
that even with four it is still difficult to move patients. He related
that they have researched and discussed the solution for approximately
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
2 years and new power cots costs between $15,000.00 and $20,000.00 per
cot. He stated that the industry has changed and now they are offering
used and certified power cots that run approximately $7,000.00. He
stated that there is a vendor in Hamburg, Arkansas, J&M Rescue who will
sell the certified power cots for $6,900.00 plus tax per cot. He added
that J&M Rescue will include the chargers, certified inspection, and a
90-day warranty. He stated that they have looked at the cots and feel it
is a great deal. He then explained that they did a nationwide search,
finding one individual that was selling one cot on EBay, vendors from
Long Island, San Antonio, and Visalia, California who are selling cots
from $8,000.00 to over $11,000.00. He explained the primary reason
regarding a request for power cots is because of the occurrences of back
injuries, adding that it is becoming more and more common. He stated
that to get three (3) cots reserved is a rare opportunity, adding that he
feels the City should act quickly. He stated that regarding the
financial savings, it does not make sense to advertise at a local level
when there is only one vendor in the State and it would be financial
prohibitive to advertise on a national level. He noted that because of
the quotes regarding prices, the lowest vendor would be J&M Rescue. He
stated that the total cost is $22,666.50, adding that they received a
grant for $11,947.00 as well as a non-profit organization that donated
$3,442.68 toward the purchase. He related that the remaining cost would
come from the Fire Department budget.
Alderman Traylor moved, seconded by Alderman Bolden that Ordinance 1556
be placed on FIRST READING.
In response to a question from Alderman Traylor, Chief Laughy related
that the remaining costs would be funded from areas where purchases were
not expended. He stated that one would be that P.W.W. Law firm is going
to travel to Arkansas to provide training when they originally had
budgeted for two fire personnel to travel for that training, noting that
it was a $1,700.00 savings. He then stated that another $1,000.00 was
saved regarding self-contained breathing apparatus maintenance,
explaining that they have new breathing apparatus maintenance that is
covered by warranty. He then related that $6,532.00 start up for
software purchase that cannot be done this year for various reasons. He
stated that all together it adds up to over $24,000.00, which will cover
the costs.
ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn,
Traylor, Smith, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon
City Clerk Davitt read the heading of Ordinance 1556.
Alderman Sansing moved, seconded by Alderman Bolden to APPROVE Ordinance
1556 on FIRST READING and suspend the rules and place Ordinance 1556 on
SECOND READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing,
Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1556.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
Alderman Bolden moved, seconded by Alderman Elliott to further suspend
the rules and place Ordinance 1556 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor,
Smith, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 1556.
Alderman Bolden moved, seconded by Alderman Ray that Ordinance 1556 be
APPROVED and ADOPTED. ROLL CALL: Alderman Elliott, Bolden, McCleary,
Sansing, Ray, Mashburn, Traylor, Smith, and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Bolden that the EMERGENCY CLAUSE
be approved and adopted. ROLL CALL: Alderman Elliott, Bolden, McCleary,
Sansing, Ray, Mashburn, Traylor, Smith, and Howard voted AYE. NAY (0).
MOTION CARRIED.
ORDINANCE 1556 (#16-2016) APPROVED AND ADOPTED THIS 4th DAY OF AUGUST,
2016
Mayor Fletcher noted that the Fire Department was called last Friday to a
lightning strike at Stonewall Apartments, explaining that he had the
opportunity to watch the firefighters work a fire first hand; the
structure was saved because of the excellent work by the Fire Department.
He stated that he wants to acknowledge publicly that the Jacksonville
Fire Department is top rate and second to none. He stated that it is
obvious that the training and leadership of the Fire Department worked
seamlessly.
Chief Laughy complimented his Battalion Chiefs, Officers, Paramedics,
EMT’s, and firefighters, saying that it does not surprise him that they
performed that well.
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: ORDINANCE 1555 (#15-2016)
AN ORDINANCE CREATING JMC §2.26 TO PROVIDE FOR CREATION OF THE
JACKSONVILLE HISTORIC DISTRICT COMMISSION; PROVIDING CERTAIN PROVISIONS
AND REQUIREMENTS THEREOF; AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1555 be
placed on FIRST READING.
Corrected copies were provided to the City Council.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
Alderman Mashburn explained that there are eight City blocks that make up
the Historical District. She stated that the goal is to refurbish the
buildings that have fallen into disrepair and have them put on the
National Registry. She stated that the Ordinance 1555 will help
accomplish that goal.
Mayor Fletcher recognized Roberta Bonham and others who have worked to
establish the District, noting that there have been buildings registered
as historical.
ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn,
Traylor, Smith, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon
City Attorney Bamburg read the heading of Ordinance 1555.
Alderman Ray moved, seconded by Alderman Bolden to APPROVE Ordinance 1556
on FIRST READING and suspend the rules and place Ordinance 1556 on SECOND
READING.
In response to a question from Alderman Traylor, Alderman Mashburn stated
that the Commission will answer to the Historical District Board as
members of the Historical District. She stated that the Board members
will apply for grants.
City Attorney Bamburg related that the State has authorized historical
commissions for a long time, adding that regarding planning purposes as
well as eligibility for certain federal dollars, an entity of this nature
has to be in place.
Alderman Traylor clarified with City Attorney Bamburg that the Commission
is to help secure funds and help the Planning Commission in imposing and
enforcing that in the appropriate manner.
City Attorney Bamburg then explained that under Section Two, the wording
that members shall serve until their successors are appointed and
qualified means that if there is not a successor appointed when the term
ends that person would continue to serve until a successor is appointed.
He then related that State law does not mandate term limits for
appointees to a historical commission.
Alderman Traylor questioned why the City would not impose term limits as
is the practice with other City commissions, mandating that someone not
serve more than two consecutive terms.
City Attorney Bamburg stated that he did not include a limit clause
because it is not mandated by the State, adding that usually that type of
limitation it not imposed on our commissions unless it is required by
State law. He related that the City Council could impose those
limitations if so desired.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
In response to a question from Alderman McCleary, Alderman Mashburn
answered that currently there are 23 members on the Historical Board.
City Attorney Bamburg pointed out that the Ordinance calls for the
Historical Commission to have 5 members. He then explained that the
Board is a non-profit and does not have anything to do with the
Commission itself. He then clarified that 3 members would constitute a
quorum to hold business according to State law. He stated that
increasing the numbers would still be a situation of a minority creating
a rule or action that the majority may/or may not approve. He stated
that it does not require, as in most Robert’s Rules of Order, a majority
of the body to vote. He noted that the Ordinance could be amended to
include that stipulation.
Alderman Traylor then noted that the Ordinance directs that the
Commission will only meet 4 times annually without setting a specific
time. He related that he would feel without set times it would be hard
to remember meeting times, noting that Little Rock, North Little Rock,
and Russellville all meet monthly. He questioned if the Commission would
be better served meeting monthly.
City Attorney Bamburg stated that it would be up to the City Council if
they wanted to set a minimum of monthly meetings. He reiterated that he
had followed State law, which only required a quarterly meeting. He
added that commonly, because of the nature of their business, they would
not meet on a monthly basis. He then noted that the Commission could call
a special meeting if it were necessary.
Alderman Traylor noted that in Ordinance 1555 under Section Four it
states that “The JHDC may conduct studies for the identification and
designation of historic district sites”, questioning who would be
responsible for funding the studies.
Alderman Mashburn stated that the Historical District would pay for those
studies.
City Attorney Bamburg also noted that there are grants available for
studies, explaining that the Commission would have to apply for grants or
the funds could be allocated by the City Council.
Alderman Mashburn interjected that the studies would not come from City
funds.
City Attorney Bamburg stated that once the Commission is created, if the
City Council does not authorize funds, the only funds the Commission will
have is funds it brings in.
Alderman Traylor confirmed with City Attorney Bamburg that if the
Commission submits information to the City Planning Commission and the
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
Arkansas Historic Preservation Program and neither one responds, then it
is considered an acceptance after a given timeframe. City Attorney
Bamburg added that he is not sure but believes that timeframe is 60 days.
He then explained that this Commission is much like the Planning
Commission, they can make recommendations for action or Ordinances to the
City Council. He stated that any Ordinances or new restrictions would
have to come before the City Council prior to being enacted. He then
clarified that areas or sites identified as historical designations would
go before the Arkansas Historic Preservation Program instead of the City
Council. He explained the City Council would be the authority to enact
Ordinances that would apply to those sites. He then stated that to have
a site placed on the National Registry is a lengthy process and the
property owner would have to be included in that process or commonly it
would not be take place.
Alderman Mashburn reiterated that the property owner would have to agree
to have it on the Registry.
City Attorney Bamburg then clarified that if the City Council creates the
Commission, it also has the authority to abolish the Commission.
ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn,
Traylor, Smith, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon
City Attorney Bamburg read the heading of Ordinance 1555.
Alderman Bolden moved, seconded by Alderman Mashburn to further suspend
the rules and place Ordinance 1555 on THIRD and FINAL READING.
Alderman Traylor moved seconded by Alderman Sansing that third and final
reading be tabled until the next regularly scheduled City Council meeting
so the aforementioned amendments be considered. ROLL CALL: Alderman
Sansing, Traylor, and Smith voted AYE (3). Alderman Elliott, Bolden,
McCleary, Ray, Mashburn, and Howard voted NAY (6). MOTION FAILS.
In response to a question from Alderman Elliott, City Attorney Bamburg
stated that the public hearing deals with whether the district is formed
and what the boundaries are. He stated that it has to conduct a public
hearing and then go before the Planning Commission before going to the
City Council. He added that the public hearing would actually be held by
the Historic District Commission before proceeding to the Planning
Commission and City Council.
ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn,
and Howard voted AYE (7). Alderman Traylor, and Smith voted NAY (2).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1555.
Alderman Bolden moved, seconded by Alderman Ray that Ordinance 1555 be
APPROVED and ADOPTED.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
Alderman Traylor reiterated his earlier request that the City Council
allow two weeks to look over the Ordinance, noting that it is a large
ordinance with a lot of information to consider. He explained that it
would offer additional time to research what historical commissions
actually do.
Mayor Fletcher offered clarification regarding the motion on the floor.
ROLL CALL to approve and adopt Ordinance 1555: Alderman Bolden, McCleary,
Ray, Mashburn, and Howard voted AYE (5). Alderman Elliott, Sansing,
Traylor, Smith voted NAY (4). MOTION CARRIED.
ORDINANCE 1555 (#15-2016) APPROVED AND ADOPTED THIS 4th DAY OF AUGUST,
2016
APPOINTMENTS: PLANNING COMMISSION
Alderman Ray moved, seconded by Alderman Bolden to approve the
appointment of Alderman Barbara Mashburn to the Planning Commission to
fill the unexpired term of Avis Twitty, term to expire 01/01/2017. MOTION
CARRIED.
ANNOUNCMENTS: Public Works Director Jim Oakley announced the temporary
closing of Sharp Street from Main Street to School Drive beginning August
15th regarding the demolition of the Junior High School. He stated that
the demolition could be as long as three months, hopefully less. He
stated that he would issue the press release tomorrow.
Mayor Fletcher noted that the Street could be closed for as long as five
to six months depending on when the bids come back for the new school.
City Attorney Bamburg clarified that it would be closed on a temporary
basis before being closed permanently when the new school is completed.
Jim Moore encouraged everyone to help with cleanup at the area schools to
make ready for the school year. He added that there is a lot of
excitement regarding the new school district. He noted that even with a
four-man maintenance team, it is hard to keep up; the new district is
responsible for nine schools including Homer Adkins. He stated that
there are air conditioning and plumbing problems at some of the schools.
He asked for volunteers to be at the High School at 8:30 a.m. this coming
Saturday morning. He stated that the teachers, school personnel, and the
Board are very excited about starting the school year.
City Engineer Whisker stated that Hardees’s Restaurant is opening
Wednesday, August 10th. He then related that Hibbett Sports is coming to
Jacksonville. He stated that in going to the different conferences
whether in Dallas, Austin, or Las Vegas, they have spoken to these people
over and over again. He related that it is finally coming through where
you see some of the people hit town and it has been a nice combination
thereof.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
Mayor Fletcher stated that City Engineer Whisker was aware in May that
they were coming but was asked to keep it quiet. He added that the
relationships built are a good thing for the City.
City Engineer Whisker stated that he normally does not disclose that
information until the plans come into the Engineering Department.
Mayor Fletcher stated that he wants to thank the City Council for
supporting the economic effort that they have been doing the last few
years, adding that things are starting to show now.
Director of Administration Jim Durham stated that their original meeting
with Hardees corporate office, they were looking for a franchisee, adding
that Ricky Hayes introduced him and City Engineer Jay Whisker to Hardees
corporate originally. He then added that Ricky Hays also introduced them
to Hibbett Sports. He stated that this show how many years, Ricky is not
with us anymore, but it shows sometimes it takes awhile. He stated that
there are some other things that are coming too.
PUBLIC COMMENT:
Mr. Phillip Carlisle related that he was before the City Council this
time last year, asking about the City Code not being enforced. He stated
that he kept coming, a couple of times, wanting the Code to be enforced
in his neighborhood regarding the mowing of grass. He asked the City
Council to recall that the whole idea of him coming was because he wanted
to help protect his 2-yr. old grandchildren. He explained that their
playground is adjacent to the fence and his neighbor does not maintain
the property next to the fence. He stated they are very concerned
because of the snakes, and habitat that is there, which is food for the
snakes. He said that he is back now regarding the safety of his 3-yr. old
grandchildren, pointing out that now they play on the playground by
themselves, while the adults have the opportunity to sit underneath the
porch and watch them play. He added that currently the grass is even
taller, and the Code is still not being enforced.
He stated that some of City Council may have seen the snake armageddon
that went on with the poisonous snakes being killed in their neighborhood
on a regular basis. He related that he would like for City Council to
understand that the reason he is back, is for the protection of his 3 yr.
old grandchildren. He recalled that last year when he was before City
Council, it had started out with the Mayor telling him it would start a
firestorm if he brought this up because the neighbor had told Mayor
Fletcher that he would drive around Jacksonville and point out all the
neighborhoods or lots that needed to be mowed and the City did not have
the money to maintain or do that sorts of stuff. He stated that
afterwards, he left that meeting and was really pleased that Alderman
Bolden came to his office and they were able to communicate and
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
Alderman Bolden went to Mr. Carlisle’s neighbor and spoke with
him. He stated that he was under the impression that the City was going
to enforce the Code and then it never happened.
He related that sometime later, he got a call from Director Jim Durham
who said that the City was going to change the Code, it was going to be
pin to pin, and if you had a house in the neighborhood it would have to
be maintained. He stated that this was a good thing but Director Durham
also said do not expect this to happen right now because it is the fall
and we have never done anything in the fall, but we will get it done. He
related that spring came around and nothing happened. He started to ask
questions again about what is going on, saying that it was his
understanding that the City Council had at some point dealt with a 2-acre
ordinance that was at least talked about earlier in the year but
fortunately that did not happen. He stated personally, he believes the
2-acre ordinance was just a “goat” at his neighborhood.
He went on to say that sometime after that, Police Chief Boyd sent him a
letter telling him that he was not going to enforce the grass Code in his
neighborhood because the Ordinance is inherently unfair. He commented he
is aware that the City enforces the grass Ordinance thousands of times
over the course of years, the City mows hundreds if not thousands of
lots, but now in his neighborhood it is “inherently unfair”. He related
that Chief Boyd also said that it was unfair because they have 7-lots
that do not qualify, commenting that actually they do qualify, but the
Chief said they are just too big, they are exempt, but everyone else in
the neighborhood is. He reiterated that what he is really concerned
about are his grandchildren.
He then related that Director Durham came to him and told him that there
had been a 3-hour meeting between the Mayor, City Attorney Bobby Bamburg,
the local Judge, and himself; explaining that during this meeting, it was
decided that the Codes were unenforceable and the reason was because this
was really a property owner’s association problem and the property in
question is a platted drainage area and the biggest reason was because
the developer wanted this Subdivision to be a rural setting and did not
want the Codes to be enforced.
He stated that he would like to address each of these points; firstly,
the Subdivision does not have a property owner’s association, the
developer, Jack Wilson, does not want a property owner’s association
until the lots are finished so that he does not lose control of his own
property. He pointed out that even if they did have a property owner's
association such as Stonewall Subdivision, when someone does not mow
their grass in Stonewall, the City is called and the City takes care of
it. He stated that a property owner’s association should not have
anything to do with this.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
He then noted that there is a platted 30’ wide drainage easement,
explaining that the drainage easement is not really there anymore because
when the developer constructed the pond, the drainage easement was filled
in and now all the ground is high and dry. He stated that he can prove
this because his daughter and son-in-law’s house was in the flood zone
and they had to get it replatted or surveyed and now it shows all that
property is out of the flood zone.
He stated that the third issue cited was that the developer of the
Subdivision wanted this to have a rural setting and did not want Codes
enforced. He related that through the freedom of information process, he
obtained all the paperwork from the 8 meetings that dealt with the
Foxwood Estates development. He noted that it consists of 71 pages, but
will offer a summarized recap.
He related that November 2004, the property was submitted as a Sketch
Plat to the Planning Commission, the developer wanted to take the
property from a mobile home park to estate sized lots. He related this
was the first time a rural atmosphere setting was mentioned and that the
developer wanted to have streets without curb and gutter. He continued
saying that it was also brought up at this meeting that the houses in
this Subdivision would be somewhere in the $300,000.00 to $1,000,000.00
price range and it was brought up that the adjacent property was removed
from the City limits.
February 14, 2005, the Planning Commission reviewed the preliminary plat,
and once again it was mentioned that this Subdivision would be a rural
type setting. He added that Mr. Bond (the developer’s representative)
stated that the developer’s vision was that this Subdivision would be a
“Chenal” sort of neighborhood and Mr. Bond actually brought up one of the
neighborhoods in Chenal that had 12’ streets featuring sculptures with
multi-million dollar homes. He stated that if they were thinking in line
with multi-million dollar homes; he would be thinking butlers, maids,
nannies, pool guys, yard people, and Royals Royce vehicles. He added
that he would not be thinking that his neighbor is not going to mow his
lawn. He said that he cannot even start to imagine that the Planning
Commission would believe that the City rules would not apply to this
Subdivision.
7th, it is submitted to City Council as an Ordinance to establish an
improvement district. Once again, it is mentioned that the Subdivision
will have smaller roads with no curb and gutters. He noted that the
Subdivision has a 20’ road instead of a 27’ city street road and instead
of curbs and gutters, their street has a 3’ gravel shoulder.
April 10, 2006, there is a re-approval of the preliminary plat and the
only thing brought up at this Planning Commission meeting was to clarify
that the Subdivision property is located within the City limits.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
October 4, 2007, the City Council approved an Ordinance to rezone the
property. Alderman Marshall Smith said during that meeting, Jack Wilson
builds a quality subdivision; this will be a great asset to the City.
Alderman Stroud thanked City Engineer Whisker for working with the
residents to explain how the hunt club boarder would actually protect
their property values.
He then stated as a side note, that it was also reported on this date
that 322 grass letters were sent out by Code Enforcement and 21
properties had been mowed by the City.
January 14, 2008, a revised preliminary plat was submitted to the
Planning Commission to make smaller lots, once again, no sidewalks with
20’ streets/no curbs and gutters in a rural setting were mentioned.
July 8, 2008, the final plat, the only thing that was brought up at this
time was that the only utility that the City would have to maintain is
the water.
July 17, 2008, the final plat was approved by the City Council.
He related that the reason he brings this up is because not one time in
any of the minutes of these meetings was it ever said that the City Codes
would not be enforced in this neighborhood. He put emphasis on, NOT ONE
TIME, adding never was it said. He then pointed out that several times
it was clarified that this Subdivision is inside the City limits. He
went on to say that he feels this was said several times because the
developer Jack Wilson wanted the City Codes to oversee these million
dollar homes. He did not want it to be in the County, he did not want it
to have cars on blocks and used car dealerships sitting in yards. If he
had not wanted this, he could have said he did not want the Subdivision
to be in the City limits at all. He pointed out that he still would have
gotten Police, Fire, and City water but he did not ask for that, he
wanted it inside the City limits.
He stated that since he was not at the meetings and did not know what was
said or what the intent was, he called Tommy Bond (representative for the
developer) and told him that it was his understanding from the City that
he had asked on behalf of the developer that no City Codes were to be
enforced in the Subdivision. He related that following an incredibly
awkward silence, Mr. Bond said, what did you say? He told Mr. Bond that
Jimmy Durham told him that he and the developer did not want City Codes
enforced. He said Mr. Bond responded, Phillip that was never asked, we
asked for five things; no curbs and gutters, no sidewalks, open ditches,
smaller streets, and sewer grinder pumps are the only things we ever
asked for. He related that he next texted the developer, Jack Wilson.
He read his text message to Jack Wilson, “Jack, I am in a quandary. I
keep after the City to mow my neighbors grass against Taylor and Evans’
12
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
house; they tell me that you did not want Codes enforced in our
neighborhood. I know you asked for smaller roads, no curb or guttering,
no sidewalks, open ditches and grinder pumps; did you ask for no other
Codes to be enforced?” Jack’s response, “Actually, I do not have the
authority to tell the City what to do in any city so I am not sure who
would have said that. I have never told them what to enforce, not that
they would listen to me anyway.” He pointed out that this is the guy who
actually owns the Subdivision; he did not ask the City not to enforce the
Code. He is trying to protect his own Subdivision. He stated that he
does know the Code has been enforced in his neighborhood before. He
related that the Hagewood’s complained and the Code was enforced. He
then stated that the only thing different when that complaint was made is
who the Police Chief was, the Codes are the same. He reminded City
Council that the current Police Chief sent him a letter saying that it
was “inherently unfair”. He stated that personally he does not believe
for one minute that the head of our Police Department, the person who’s
DNA is to follow the rules and arrest people, was okay to not enforce
that Code. He stated that he believes he wrote the letter with the Mayor
and City Attorney’s approval. He then said that he also knows Alderman
Smith lives in a neighborhood similar to his in that it has very large
lots, she called Code because one of her neighbors was not mowing and the
Code is enforced. He added that this is not the same in his
neighborhood, saying that in his neighborhood he does not get the same
treatment, pointing out that they pay the same taxes as everybody else
and all they are asking for is the same protection. He stated that it is
the City Code, and instead of having 3-hour meetings trying to figure out
why the City can’t, why not have a 10-second phone call and enforce the
Code. He asked Alderman Elliott if this situation was instead his own
daughter and grandchild what would he do?
Alderman Elliott stated that he would probably be trying to work
something out.
Alderman Sansing then responded that this Ordinance came up years ago,
adding that he was one of the Alderman that was opposed to this
Ordinance, specifically because it was telling property owners what they
had to do with their property. He added that he ended up voting for the
Ordinance because some of the wording was changed at his request. He
stated that he has never been a fan of this Ordinance.
Mr. Carlisle stated that on the other side of that, he is aware the City
has to protect property and the image of our City. He stated that it has
to be done because there are just some people who are not going to take
care of their stuff and it is up to the City to protect the values of
everything else. He pointed out that some are doing an outstanding job,
commenting on how the Fire Chief was incredible regarding saving money,
saying that everybody is working as hard as they can. He then added that
at the end of the day in his neighborhood, the same effort does not
apply. He stated that he is asking of someone to give a hand. He
addressed Mayor Fletcher saying, “Mayor, why isn’t it being enforced?”
13
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
Mayor Fletcher responded that he believes Mr. Carlisle has been told that
it cannot be enforced equitably in that subdivision. He continued saying
that even with Mr. Carlisle’s daughter’s yard; she would not have to mow
her yard if she did not want to. He stated that there are 7 lots and
this comes down to a neighborhood squabble, telling Mr. Carlisle that he
and his neighbor need to take care of this, the City has gotten drug into
this. He said the Subdivision wanted to be different, saying that he is
aware because he use to be a builder and it costs to put sidewalks in.
He stated that you all asked for those exemptions, adding that the City
does not even own the streets. He stated that if the streets get
potholes, the Subdivision has to fix it, adding that Subdivision is
different, it wanted to be different. He stated that Mr. Carlisle has
made this a personal thing and will never believe it, but added that he
is sorry Mr. Carlisle did that. He went on to say that he is not that
type of person, and Mr. Carlisle has known him for a long time, but
evidently you have not known me very well. He stated that he does what
he believes is right. He reiterated that this needs to be taken care of
between the neighbors. He then related that as far as snakes, he has
Copperheads in his flower beds next to his front door, baby ones. He
stated that no one is immune to having snakes especially when we have as
much ground water as we have. He stated that if it is not snakes, then
it is ants. He related that the truth of the matter is that Subdivision
is going to have snakes, that area is the bottoms. He added that when
you have a pond, you will have more than just rattle snakes, mentioning
water moccasins. He stated that he wishes that Mr. Carlisle and his
neighbor would get together and solve this. He related that from what he
has read in the FOI minutes, emergency services which is Police, Fire,
ambulance, and garbage and the City has provided that. But to say that
your Subdivision is the same as Alderman Smith’s is not quite right, they
have curb and gutter, and I believe they have sidewalks but I am not
sure. He stated that there is a distinction between those subdivisions
and to say it is the same, when it is not the same.
Mr. Carlisle stated that he would have to argue that point.
Mayor Fletcher responded that no, we are not; we need to bring this to an
end.
Mr. Carlisle said this is public comments and he is not going to argue
over that, adding that at the end of the day he has expressed his
opinion. The Codes are not being enforced fairly, the Code says 5 acres
or more you don’t have to do anything, pointing out that those 7 lots are
less than 5 acres.
Mayor Fletcher stated that it is kind of funny to him that if you go look
at your neighbor’s yard, his whole yard is immaculate except that one
spot. He added that he believes if “you two grown men would sit down and
try to be good neighbors, I don’t think we would be talking about this”.
14
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2016
7:00 P.M. – 8:03 P.M.
Mr. Carlisle responded except the area next to my grandkids and please
understand that is why I started this conversation. He stated that he
began this regarding the protection of his grandkids. He related that he
has one more personal comment, “It is my personal opinion that my City
government is not enforcing the City Codes in my neighborhood because an
ex-wife owns a lot in the Subdivision, and because Gary Sipes lives
there, and because virtually all of the landowners supported him and I
think it is personal for you (Mayor Fletcher) and Gary Sipes, adding I
don’t think it is fair, please don’t let my 3-year old grandkids become
victims of your pettiness.”
Director of Administration Jim Durham stated that he has something that
he would like to say.
Mayor Fletcher objected.
Alderman Ray moved to adjourn.
ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at
approximately 8:03 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR GARY FLETCHER
City Clerk-Treasurer
15
Agenda
City Council of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
August 4, 2016 7:00 p.m.
1. OPENING PRAYER: PAGE
2. ROLL CALL:
3. PRESENTATION OF Regular City Council Meeting 1-4
MINUTES: July 7, 2016
4. APPROVALS AND/OR Regular City Council Meeting
CORRECTION OF MINUTES: June 2,2016
5. CONSENT AGENDA:
Police Department: Regular Monthly ReporVJune
Police Chief Kenny Boyd
Fire Department: Regular Monthly ReporVJune
Fire Chief Alan Laughy
Engineering Department: Regular Monthly ReporVJune
City Engineer Jay Whisker
Animal Control Department: Regular Monthly ReporVJune
Public Works Director Jim Oakley
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT: ORDINANCE 1556 (#16-2016)
Waiving Competitive Bidding for the
purchase of Power Cots
(Mayor Fletcher) (available at meeting)
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC. DEPT:
13. PLANNING COMMISSION:
14. GENERAL: ORDINANCE 1555 (#I 5-2016)
Creating JMC § 2.26 providing
creation of the Jacksonville Historic
District Commission (Alderman Mashburn,
Bolden, Ray and Twitty) 12-21
PLANNING COMMISSION
Appointment of Barbara Mashburn to fill
the unexpired term of Avis Twitty to expire
01/01/2017
16. ANNOUNCEMENTS:
ADJOURNMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 7, 2016
7:00 P.M. - 7:11 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 7, 2016 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 Allegianceffto the flag.
ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Traylor,
Twitty, and Howard answered ROLL CALL. Mayor Fletcher also answered ROLL
CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Aldermen Mashburn
and Smith were absent.
Others present for the meeting were: City Attorney Robert Bamburg,
Director of Administration Jim Durham, Human Resource Director Jill Ross,
Police Chief Kenny Boyd, Fire Chief Alan Laughy, CDBG Director Theresa
Watson, IT Director Scott Rothlisberger, Public Works Director Jim
Oakley, City Engineer Jay Whisker, Alderman Elect Les Collins, Planning
Commission Chairman Jim Moore, Planning Commissioner Patrick Thomas, Bob
Stroud, interested citizens, and members of the press.
PRESENTATION OF MINUTES:
Mayor Fletcher presented the minutes of the regular City Council meeting
of June 2, 2016 for approval and/or correction at the next regularly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Howard moved, seconded by Alderman Bolden that the minutes of
the regular City Council meeting of 2 June 2016 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved, seconded by Alderman Sansing to approve the Regular
Monthly Report for May 2016 regarding annual crime statistical
comparisons.
Code Enforcement for May 2016
Assigned Calls 207
Self-Initiated Calls 500
Follow ups 587 Basketball Goals
Meetings/Court Hearings 15 Structures Inspected
Warnings Issued 37 Rental Properties Inspected
Notices/Letters Written 85 Properties Red Tagged
Vehicles Tagged 6 Search Warrants Served
Vehicles Towed 2 Structures Rehabbed
Lots posted 38 Structures Condemned
Signs removed 65 Houses Demolished by City
Trash cans tagged 5 Houses Demolished by Owner
Parking Violations 53 Tickets Issued
Grass Letters 56 Grass Mowed
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 7 , 2016
7 : 0 0 P.M. -
7 : 1 1 P.M.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved, s e c o n d e d by Alderman S a n s i n g t o a p p r o v e t h e r e g u l a r
m o n t h l y r e p o r t f o r May 2016 from t h e J a c k s o n v i l l e F i r e Department,
r e f l e c t i n g a f i r e l o s s of $350.00 a n d a s a v i n g s t o t a l o f $ 4 8 5 , 0 0 0 . 0 0 .
REGULAR MONTHLY REPORT/ENGINF,ERING DEPARTMENT
Alderman Ray moved, s e c o n d e d by Alderman S a n s i n g t o a p p r o v e t h e r e g u l a r
m o n t h l y r e p o r t f o r May 2016.
PERMITS/L1CENSE ISSUED INSPECTIONS PERFORMED
Building Permits 15 Building Inspections 24
Business Licenses 7 Electrical 34
Plumbing 28
HVACR 14
REGULAR MONTH REPORT/ANIMAL CONTROL
Alderman Ray moved, s e c o n d e d b y Alderman S a n s i n g t o a p p r o v e t h e r e g u l a r
m o n t h l y r e p o r t f o r May 2016.
ADOPTION FEES/FINES $2,130.00
CONTRIBUTIONS 0.00
TOTALS $2,130 . o O
ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Traylor,
Twitty, and Howard voted AYE. MOTION CARRIED.
WASTEWATER DEPARTMENTS:
WATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT: PUBLIC HEARING
a. ORDINANCE 1 5 5 4 (#14-2016)
AN ORDINANCE CONDEMNING A STRUCTURE AND REAL PROPERTY AT THE LOCATION
NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS,
DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND,
FOR OTHER PURPOSES.
Mayor Fletcher opened the public hearing at approximately 7 : 0 2 p.m.
P o l i c e C h i e f Boyd s t a t e d t h e p r o p e r t y i s l o c a t e d a t 1 4 4 N o r t h Avenue. He
r e l a t e d t h e p r o c e s s s t a r t e d b a c k i n 2013, e x p l a i n i n g t h e owner a p p e a l e d
t o t h e B o a r d o f A d j u s t m e n t a n d was a l l o w e d 45 d a y s t o remedy t h e p r o b l e m
and it h a s n o t been done. H e a d d e d t h e owner i s a n o v e r t h e r o a d t r u c k
d r i v e r who h a d a p o s t o f f i c e box i n Cave C i t y , however t h e m a i l i s b e i n g
r e t u r n e d now. He c o n t i n u e d a d d i n g t h a t i t i s u n s u r e w h e r e h e r e s i d e s
c u r r e n t l y . He e x p l a i n e d t h a t t h e p r o p e r t y b a c k s up t o Graham Road, n o t i n g
t h a t t h e house i s s t r u c t u r a l l y unsound. H e s t a t e d t h a t t h e roof is very
fragile. H e o f f e r e d p h o t o g r a p h s of t h e p r o p e r t y . H e then explained t h a t
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 7 , 2016
7:00 P.M. - 7:11 P.M.
they have received bids and the costs would be between $28,000 to $32,000
to have the building demolished. He related that he is partnering with
CDBG to help with funding.
With no else to speak, Mayor Fletcher closed the public hearing at
approximately 7:05 p.m.
Alderman Elliott moved, seconded by Alderman McCleary that Ordinance 1554
be placed on FIRST READING. ROLL CALL: Alderman Elliott, Bolden,
McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1554.
Alderman Sansing moved, seconded by Alderman Traylor to APPROVE Ordinance
1554 on FIRST READING and suspend the rules and place Ordinance 1554 on
SECOND READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing,
Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1554.
Alderman Elliott moved, seconded by Alderman McCleary to further suspend
the rules and place Ordinance 1554 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, Twitty, and
Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1554.
Alderman Elliott moved, seconded by Alderman Ray that Ordinance 1554 be
APPROVED and ADOPTED. ROLL CALL: Alderman Elliott, Bolden, McCleary,
Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION
CARRIED.
Alderman McCleary moved, seconded by Alderman Traylor that the EMERGENCY
CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Bolden,
McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED.
ORDINANCE 1554 (#14-2016) APPROVED AND ADOPTED THIS 7th DAY OF JULY, 2016
b. Presentation JAG Grant
Chief Boyd related that each year the Department of Justice sets aside
money for law enforcement agencies, adding that it is based on crime
statistics. He stated that the City of Jacksonville received a grant
this year in the amount of $20,830.00, which will be used to purchase two
storage buildings for the Public Safety Building. He explained that the
storage buildings will be used to store files that are currently being
stored at the former facility. He added that these files have to be
maintained in order to keep compliance with the City's 10-year record
retention ordinance. He related that the Police Department started in
late 2008 with the paperless process, explaining that they are trying to
vacate the main street building. He then stated that they would also
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 7, 2016
7 : 0 0 P.M. - 7:11 P.M.
purchase 7 tasers to include batteries and holsters, 6 body cameras, and
3 mole vest for the canine officers. He stated that the total purchase
of these items comes to $20,910.00, adding that the difference will come
from his departmental budget.
In response to a question from Alderman Traylor, Chief Boyd stated that
they are going to store the files that are going to be able to be
destroyed each year. He then stated that just the criminal investigation
files alone are going to complete those two storage buildings. He then
noted that there are also files being stored in the jail cell area at the
old building.
STREET DEPARTMENT: Request to accept bids for the Asphalt Overlay Program
Alderman Elliott moved, seconded by Alderman Sansing to accept the low
bid from Cranford Construction in the amount of $228,682.19. MOTION
CARRIED.
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL :
APPOINTMENTS:
ANNOUNCMENTS:
ADJOURNMENT : Without objection, Mayor Fletcher adjourned the meeting at
approximately 7:30 p.m. MOTION CARRIED.
Respectfully,
Susan L. Davitt
City Clerk-Treasurer
I
I
1 ACKSONVILLE POLICE DEPARTMENT
Jacbsonville, AR 72076
July 7,2016 001)982-3191
To: Mayor Gary Fletcher & Jacksonville City Council
1 From: Chief Kenny M. Boyd
I Re: JPD May 2016 Monthly Report
The following report o f activities for the Jacksonville Police Department submitted for the month of
June 2016:
I Topic
I Total Complaint Calls
Homicide Reported
Homicide Cleared
Rape/Sex Assault Reported
Rape/Sex Assault Cleared
Robbery Reported
Robbery Cleared
Felony Assaults Reported
Felony Assaults Cleared
Burglary Reported
Burglary Cleared
'Theft Reported
'Theft Cleared
Vehicle Theft Reported
Vehicle Theft Cleared
Felony Cases Reported
Felony Cases Closed
Misd Cases Reported
Misd Cases Closed
Respectfully,
Chief Kenny M. Boyd
Chief of Police
JACKSONVILLE POLICE DEPARTMENT
COURAGE * INTEGRITY * PROFESSIONALISM
Pollco Chief 1400 MarshallRwd
Kenny M.Boyd ~acksonvIlle,Arkansas 72076
501 -982-0688
To: Chief Boyd
From: Code Enforcement
Please find below the Monthly Recap Report for the Code Enforcement Dept
for the Month of Jun-16
Assigned Calls
Sdf Initiated Calls
Follow Ups
Meetings/Court Hearings Attended
Warnings Issued
Tickets Issued
Notices / Letters Written
Vehicles Tagged
Vehicles Towed
Lots Posted
Signs Removed
Trash Cans Tagged
Basketball Goals
Structures lnspected
Rentals Inspected
Propenies Red Tagged 0
Search Warrants Served
Structures Rehabbed
Structures Condemned 0
Houses Demo by City 1
Houses Demo by Owner 0
Parking Violations 60
Grass Letters
Grass Mowed
j A C m o ~ I u x Jacksonville,
900 Rrdrnond Rd.
AR.
X.
72076
FIRE & RESCUE SERVICES (501)982-.:048
Fax 982-0579
Alan Laughy, Chief
PRIDE of the City!
Honorable Gary Fletcher
Members of the Council
City of Jacksonville
Gentlemen & Ladies:
I respectfully submit a report of Emergency Response Activity for the month of JUNE 2016.
National Emeraencv Medical Service Information Svstem lNEMSlS)
Ambulance Responses classified as:
Transported Runs 216
Non-Transported Runs 103
National Fire lncident Remrtina Svstorn fNFIRS1
Estimated fire loss for the month: $3,000.00
Savings total for the month: $117,000.00
Rescue (315)
Rescue, EMS Call, other (15) Fire (12)
Medical Assist (35) Structure Fire (2)
EMS lncident (264) Mobile/Vehicle Fire (3)
Rescue or EMS Standby (1) Natural Vegetation Fire (3)
Outside Rubbish Fire (4)
Service Call (20)
Service Call, other (1) Overpressure, Explosion, Overheat (1)
Person in Distress (3) Overpressure Rupture from AirIGas (1)
Smoke, Odor Problem (1)
Public Service Assistance (15) Hazardous Condition, No Fire (13)
Flammable Gas or Liquid Cond., other (3)
False Alarm (23) Chemical Release, Reaction, Toxic Cond. (1)
False Alarm, False Call, other (3) ElectricalWiring/Equip Problem (6)
System or Detector Malfunction (8) Accident, Potential Accident (3)
Unintentional SystemIDetector (12)
Good Intent Call (14)
Special lncident Type (1) Good Intent Call, other (1)
Citizen Complaint (1) Dispatched and Canceled En Route (11)
.
Wrong Location, No Emergency Found (2)
Respectfully,
Alan Laughy, Chief '
Jacksonville Fire & Rescue Services
CITY OF JACKSONVILLE
To: Mayor Fletcher, Jacksonville City Council
From: Engineering Department
Please find below the consent agenda for the Engineering Department
ENGINEERING REPORT FOR JUNE 2016
PERMITSILICENSE ISSUED
Building Permits 18
Business License 9
INSPECTIONS PERFORMED
Building Inspections 35
Electrical 30
Plumbing 26
HVACR 16
CITY OF JACKSONVILLE ANIMAL SHELTER
MONTHLY REPORT
REPORTING PERIOD: June-16
CRUEI-TY INVESTIGATIONS
Jacksonville Animal Shelter
June 2016 Bite Cases
DECLARED
DOG1 OWNER1 OWNER1 FAMILY1 MEDICAL RABIES VICIOUS1
DATE CAT BREED NAME ADDRESS OTHER CARE VAC. CITY TAG DANGEROUS ACTION TAKEN1 COMMENTS
Mrs Lake tried to break up a dog
fight ,due to feeding.She got bit
by one of her dogs on the left
Owner : arm.The dog was in quarantine
06/20/16 DOG pug Ashley Lake 700 Poplar St 111B Ashley Lake NO YES NO NO for 10 days.
Mrs Reed was adopting a dog
from our shelter>She brought
her chihuahua for a meet and
greet,The chihuahua started to
fight with the shelter dog.When
Chihuahua 4 Pear Tree Owner: she wanted to pull her dog away
06/23/16 DOG mix Tamrny Reed Place,LR Tamrny Reed NO YES NO NO she got bit on her right hand.
The 2 dogs were playing to
rough and Mr Chancy tried to
Owner : pull him apart.He got bit by one
06/25/16 DOG Lab Gorden Chancy 2714 Grayfox Ln Gorden Chancy YES YES NO NO of his dogs on thearm
ORDINANCE NO. 1555(#I5 2016) -
AN ORDINANCE CREATINGJMC 5 2.26. TO PROVIDE FOR CREATION OF
THE JACKSONVILLE HISTORIC DI-RICT COMMISSION; PROVIDING
CERTAIN PROVISIONSAND REQUIREMENTS THEREOeAND, FOR OTHER
PURPOSES.
WHEREAS, the City is in need of historical preservation for the older and
more historic portions of our town, doing so will assist the Planning Commission in
its function and operation, and creation of a Historic District Commission, through
the authority and provisions granted through ACA 14-172-201, et. seq. ,will enable
the City, any historical society, and/or citizens interested in historic preservation to
be eligible for certain state and federal funds and programs to enhance those
efforts; and,
WHEREAS, after research and review, interested niember(s) of the City
Council and Staff recommend adoption of the following provisions to the City Code
for creation and operation of a Historic District Commission. The Committee
recommends that the City Council adopt such modifications after hosting a Public
Hearing regarding the matter.
NOW, THEREFOR6 BE I T ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE C I N OFJACKSONVILL6 ARHNSAS, THAT=
SECTION ONE: JMC Ej 2.26.010 (CREATION AND PURPOSE) is
hereby created and shall read as follows:
-There is hereby created the Jacksonville Historic District Commission (JHDC)
pursuant to the authority contained in ACA fj 14-172-201 et. seq., said statutes
hereby being adopted and incorporated herein.
'The purpose of the Jacksonville Historic District Commission shall be as
follows:
(1) Effect and accomplish the protection, enhancement, and perpetuation of
such areas and improvement of districts which represent or refect elements of the
City's cultural, social, economic, political, and architectural history;
(2) Safeguard the City's historic, aesthetic and cultural heritage, as embodied
and reflected in such areas;
(3) Stabilize and improve property values in such districts;
(4) Foster civic pride in the beauty and accomplishments of the past;
ORDINANCE NO. 1555 (#15-2016)
Psge Two
(5) Protect and enhance the City's attractions to tourists and visitors as well as
residents;
(6) Strengthen the economy of the City; and,
(7) Promote the use of historic districts and landmarks for the education,
pleasure, and welfare of the people of the City.
SECTION TWO: JMC 5 2.26.020 (MEMBERSHIP AND TERMS OF
OFFICE) is hereby created and shall read as follows:
The JHDC shall consist of Five (5) members appointed by the Mayor
with the advice and consent of the City Council. Members shall be electors of the
City holding no salaried or elective municipal office and shall include at least One (1)
person who owns property within a proposed historic district. Members shall
demonstrate a positive interest in historic preservation, possessing interest or some
level of expertise in arcl~itecture, history, urban or regional planning, building
rehabilitation, real estate, or preservation or conservation in general.
A. Members of the JHDC shall be appointed for terms of Three (3) years
each and until their successors are appointed and qualified. The appointment shall
be arranged so that the term of at least One (1) member shall expire each year.
Vacancies shall be filled in the same manner for the balance of the unexpired terms.
Members shall serve on the JHDC without compensation.
SECTION THREE: JMC !j 2.26.030 (OFFICERS AND MEETINGS) is
hereby created and shall read as follows:
The JHDC shall elect a Chair, Vice-Chair, Secretary, and Recording Secretary
annually from its own members and shall meet no less than Four (4) times per year,
with meetings called by the Chair and/or the Commission at such times as
determined necessary. The JHDC may adopt rules and regulations not inconsistent
with the provisions of local, state, and federal law. A simple majority of the JHDC
shall constitute a quorum for the transaction of business, and a record of each
meeting shall be approved and maintained by the Commission by and through the
City Clerk.
SECTION FOUR: JMC !j 2.26.040 (POWERS AND DUTIES) is hereby
created and shall read as follows:
A. The JHDC may conduct studies for the identification and designation of
historic districts and sites throughout the City. The JHDC may proceed at its own
ORDINANCE NO. 1555 (#15-2016)
Page Three
initiative or upon a petition from any person, group, or association. The JHDC shall
maintain records of all studies and inventories for public use.
B. The JHDC may make recommendations to the State Historic
Preservation Officer for the listing of a historic district or site in the National Register
of Historic Places.
C. The JHDC will cooperate with the Arkansas Historic Preservation
Program (AHPP) and the National Park Service (NPS) in the pursuance of Certified
Local Government (CLG) status.
D. The JHDC will serve as the official custodian of the City's history and
will act as a point of contact for the public and for state and federal agencies in all
matters concerning historic preservation within the City.
E. The JHDC shall make an investigation and report on the historic
significance of buildings, structures, sites, or surroundings included in a proposed
historic district and shall transmit copies of its report to the Arkansas Historic
Preservation Program (AHPP), a division of the Department of Arkansas Heritage, or
its successor agencies, and to the City's Planning Commission for their consideration
and recommendation. The AHPP (or applicable state agency) and the Planning
Commission shall give their recommendations to the JHDC within Sixty (60) days
from the date of receipt of said report.
F. Failure by these bodies to make recommendationswithin the allotted
timeframe shall be taken as approval of the report of the IHDC. Recommendations
shall be read in full at the required public hearing to be held by the JHDC.
G. The JHDC shall hold a public hearing on establishment of a proposed
historic district after giving notice of such hearing by publication in a newspaper of
general circulation in the City once a week for Three (3) consecutive weeks, the first
such publication being at least Twenty (20) days prior to the public hearing. Such
notice shall include the time and place of the hearing, specify the purpose, and
describe the boundaries of the proposed historic district.
H. The JHDC shall submit a final report with its recommendations and a
draft of a proposed ordinance to the City Council within Sixty (60) days after the
public hearing. The report shall contain the following:
(1 A complete description of the area or areas to be included in the
proposed historic district, and any single historic district may embrace
noncontiguous lands;
(2) A map showing the exact boundaries of the area or areas to be
included within the proposed district(s);
ORDINANCE NO. 1555 (#15-2016)
Page Four
(3) A proposed ordinance designed to implement the provisions of the
Arkansas Historic Districts Act, ACA 4 14-172-201 et. seq.; and,
(4) Such other matters as the lHDC may deem necessary and advisable,
including a statement of purpose and policy.
I. The City Council, after reviewing the report of the JHDC, shall take
one of the following steps:
(1) Accept the report of the JHDC and enact the proposed ordinance
therein;
(2) Return the report to the JHDC with such amendments and revisions
thereto as it may deem advisable, for consideration by the Commission and a
further report to City Council within Ninety (90) days of such return;
(3) Reject the report of the IHDC, stating its reasons therefor; and/or,
(4) Discharge the JHDC.
SECTION FIVE: JMC 2.26.050 (CERTIFICATES OF
APPROPRIATENESS) is hereby created and shall read as follows:
No qualifying building or structure, which may include but not be limited to,
the building or structure itself, masonry walls, fences, light fixtures, steps and
paving, other appurtenant fixtures, or other elements set forth in design guidelines
shall be erected, altered, restored, moved, or demolished within a designated
Historic District until after an application for a Certificate of Appropriateness as to
the exterior architectural features has been submitted to and approved by the JHDC.
(1 No building permit or other such permit shall be granted for purpose
of constructing or altering structures until an application for a Certificate
of Appropriateness as to the exterior architectural features has been
submitted to and approved by the 1HDC.
(2) A Certificate of Appropriateness shall be required whether or not a
building perniit is required.
(3) I n its delibera,tionsunder this Ordinance, the JHDC shall not consider
interior arrangement or usage.
SECTION SIX: JMC 5 2.26.055 (WORK NOT REQUIRING A
CERTIFICATE OF APPROPRIATENESS) is hereby created and shall read as follows:
Nothing in these historic district regulations shall be construed to prevent
ordinary maintenance and/or repair of any exterior architectural feature of a
property within a designated historic district.
ORDINANCE NO. 1555(#25-2026)
Page Five
A. These Code provisions shall not prevent the restoration, rehabilitation,
renovation, preservation, alteration, constr~~ction,
or demolition of any such feature
that the City shall certify is required for public safety purposes. I n emergency
situations, threatening life, limb, or significant property damage, work may be
conducted without a Certificate of Appropriateness. I n as much as possible, such
work shall be done in accordance with the principles and specific criteria adopted
under this Code.
B. Repairs and work not visible from any public right-of-way shall not
require a Certificate of Appropriateness.
SECZION SEVEN: IMC !j2.26.060 (DEMOLITION) is hereby created
and shall read as follows:
If an Application for a Certificate of Appropriateness involves demolition of a
building which the JHDC initially determines to be an inappropriate demolition, then
the JHDC may defer the matter until such time as it has had an opportunity to
consider the following alterna,tives to the demolition of subject property:
(1) Sources of ,fundingfor preservation and restoration activities if lack of
such funds is the reason for the request to demolish;
(2) Adaptive use changes; and/or,
(3) The feasibility of moving the building to another appropriate location.
SECZION EIGHT2 :IMC fj2.26.062 (ECONOMIC HARDSHIP) is hereby
created and shall read as follows:
I n consideration of circumstances involving Economic Hardship, the JHDC
shall consider such to be an owner's inability to see a reasonable return for an
investment that will comply with this Code's standards in preservation of the
property in question. Evidence of economic hardship will generally be limited to
instances when the cost of preservation exceeds the value of the building or where
preservation will deprive the owner of reasonable use of the property. An owner's
personal financial status is not an issue the JHDC may consider.
(A) Application for Economic Hardship. If a Certificate of Appropriateness is
denied, the applicant may submit an application for a Certificate af Economic
Hardship within Fifteen (15) calendar days from the date of the notice of
denial by the JHDC. The Application for a Certificate of Economic Hardship
shall be subject to the hearing schedules and notice provisions applicable to
applications for Certificates of Appropriateness.
ORDINANCE NO. 2555 (#15-2016)
Page Six
(1) It shall be incumbent on any applicant to demonstrate economic hardship to
the Commission. Applicant(s) for a Certificate of Economic Hardship should
submit the following information before the JHDC can make a determination
on the application:
(a) Estimates of costs of the proposed constn~ction,alteration, demolition, or
removal, and an estimate of any additional costs that would be incurred to
comply with the recommendations or requirements of the JHDC;
(b) A report from a licensed engineer or architect about structural soundness of
the building(s) and itsltheir suitability for rehabilitation;
(c) Estimated market value of the property as a whole;
(d) An estimate from a licensed architect, licensed contractor, and/or certified
appraiser as to the economic feasibility of rehabilitation or reuse of the
existing structure(s);
(e) Amount paid for the property, the date of purchase, and the party from
whom purchased and any terms of financing between seller and buyer;
(f) I f the property is income-producing, the annual gross income from the
property for the previous Two (2) years;
(g) All appraisals obtained within the previous Two (2) years;
(h) Any listing of the property for sale or rent, price asked, and offers received,
if any, within the previous Two (2) years;
(i) Assessed value of the property according to the Two (2) most recent
assessments;
(j) Real estate taxes for the previous Two (2) years;
(k) Form of ownership or operation of the property; and,
(I) Information about plans prepared for the property if a building or structure
is demolished.
(2) The JHDC may seek expert testimony on the foregoing and may request the
submission of any other information reasonably considered necessary to
make a determination as to whether the property does yield or may yield a
reasonable economic return to the owner.
(3) The JHDC shall review all the evidence and information submitted. The
Commission shall make a determination, within Thirty (30) calendar days of
the public hearing whether a Certificate of Economic Hardship should be
granted based on the information submitted. I f the Commission makes a
finding of economic hardship, it shall grant a Certificate of Economic Hardship
and give its approval for the work as proposed by the applicant.
ORDINANCE NO. 1555(#15-2016)
Page S v e n
SECTION NINE: JMC g 2.26.064 (DEMOLITION BY NEGLECT) is
hereby created and shall read as follows:
(A) No owner(s) and/or person(s) with an interest in real property designated as
an historic landmark or within an historic district shall permit said property to
fall into a serious state of disrepair so as to result in the deterioration of any
exterior architectural feature which would, in the judgment of the JHDC,
produce a detrimental effect upon the character of the historic district as a
whole or the life and character of the property itself.
(6) Upon any citizen's complaint or upon the City's own initiative and
determination that demolition by neglect is occurring with respect to any
property in one of the City's designated historic districts, the City shall
conduct a preliminary investigation and prepare a staff report. Such a
complaint must include a clear description of the property and the nature of
the deterioration claimed to constitute demolition by neglect.
(1) Ifthe City finds that the complaint has a basis in fact, it will notify the
property owner that a complaint has been received. A report will be brought
before the JHDC) in no fewer than 'Thirty (30) days. I f the preliminary
investigation does not substantiate the complaint, the complaint is resolved
and no further action will be taken. 'The first letter of notice to the property
shall include:
(a) A description of the process;
(b) How the property owner(s) or others having a financial interest, legal
possession, custody, or control can resolve the issue immediately, and,
(c) Reports documenting the violations.
(2) The Code Enforcement Office will forward the complaint and report to the
JHDC at its next regularly scheduled meeting after the Thirty (30) days have
elapsed.
(a) The JHDC will review complaints, such reports, and accept information from
the owner and/or other interested persons. Based on the information
received, the JHDC may file a decision. I f the JHDC determines there are
specific defects with the subject property it will notify the Code Enforcement
Office to act under the procedures set out below to require the correction of
deterioration or making of repairs to the historic structure;
(i) The written finding shall identify the specific condition(s) of the
property which have led to that determination and shall contain a
notice that a hearing will be held before the JHDC not less than Thirty
ORDINANCE NO. 1555 (#15-2016)
Page Eight
(30) nor more than Forty-five (45) days after the serving of such order;
(ii) The written finding shall also state that the owner and/or parties in
interest shall be given a right to answer and to give testimony at the
hearing; and that the rules of evidence prevailing in courts of law or
equity shall not be controlling in hearings before the JHDC. The
purpose of the hearing is to receive evidence concerning the charge
of demolition by neglect;
(iii) I f after such finding and hearing, the Commission determines that the
structure is undergoing demolition by neglect because it is
deteriorating, or if its condition is contributing to deterioration, the
Code Enforcement Office shall state in writing the findings of fact in
support of such determination and shall issue and cause to be served
upon the owner and/or other parties in interest therein an order to
repair within a time to be specified in the written decision those
elements of the structure that are deteriorating, contributing to
deterioration, or deteriorated.
(b) Complaints or orders issued by the City shall be served upon persons either
personally or by certified mail. I f the whereabouts of such persons are
unknown and the same cannot be ascertained by reasonable diligence, the
City shall make an affidavit to that effect, stating the steps taken to
determine and locate the persons in interest, then the serving of such
complaint or order may be made by publishing the same once each week for
Two (2) successive weeks in a newspaper of general circulation within the
City. Where such service is by publication, a notice of the pending
proceedings shall be posted in a conspicuous place on the premises thereby
affected.
SECTION TEN: :IMC €j 2.26.070 (APPEALS) is hereby created and
shall read as follows:
Any applicant aggrieved by the determination of the JHDC may appeal the
determination of the Commission to the Circuit Court of Pulaski County, Arkansas, in
accordance with Rule 9 of the Arkansas District Court Rules.
SEOION ELEVEN= JMC €j2.26.080 (ENFORCEMENT) is hereby
created and shall read as follows:
ORDINANCE NO. 1555 (#15-2016)
Page Nine
Any other business, corporation, entity, individual, institution, partnership,
professional, and/or sole proprietorship not covered by the above listed schedule
shall pay One Hundred Dollars ($ 100.00) annually for a Privilege Business License.
SEffION W E L VE: JMC 5 5.04.120 (COMMERCIAL WASTE HAULERS
AND LANDFILLS) is hereby created and modified to read as follows:
(A) I n the event that work being performed is found not to be in
accordance with the Certificate of Appropriateness or upon notification of
such fact by the JHDC and/or City, the Code Enforcement Office shall
issue a Stop Work Order and all work shall immediately cease. No further
work shall be undertaken on the project as long as a stop work order is in
effect. Stop Work Orders and penalties for non-compliance with such will
be enforced according to other applicable laws. A decision shall be made
by the JHDC concerning the Stop Work Order within Five (5) business
days.
(B) Any person who violates any of the provisions of this Code shall be
guilty of a misdemeanor and, upon conviction thereof in the Jacksonville
District Court shall be fined Twenty-five ($25.00) to Five Hundred
($500.00) per day after a Thirty (30) day period in which the person may
correct the violation, in accordance with the Arkansas Historic Districts
Act. Each day that a violation continues to exist constitutes a separate
offense.
SEC7"ON THIRTEEN: I f any col-lrt of competent jurisdiction finds that
any section, clause, sentence, or phrase of these Code provisions is invalid or
unconstitutional, that finding in no way affects the validity of the remaining portions
of this Code.
SECTION FOURTEEN Said Ordinance and the changes included herein
shall be in full force and effect from and after its passage and approval as provided
by and subject to applicable law.
ORDINANCE NO. 1555 (#15-2016)
Page Ten
APPROVED AND ADOPTED M I S DA Y OF AUGUST 2016.
CITY OFJACKSONVILLE, ARK4 NSAS
GARY FLETCHER, MA YOR
SUSAN DA V . CITY CLERK
APPROVED AS TO FORM:
ROBERT E BAMBURG, CITY A TTORNEY
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