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Council Meeting Minutes
September 25, 2006
Jacksonville, Alabama




The Mayor and Council of the City of Jacksonville, Alabama met in regular session on Monday, September 25, 2006, at 7:04 p.m. in City Hall Annex No.1.  Mayor Johnny L. Smith called the meeting to order.  Upon roll call, the following members were present:  Mayor Smith and Council Members George L. Areno, Charles E. Notar, Jerry T. Parris, Jeff L. Shelton, and Sandra F. Sudduth.  The City Attorney was present.

A motion was made by Council Member Areno, seconded by Council Member Sudduth, to dispense with the reading of the Minutes of the regular meeting of September 11, 2006 and to approve them as distributed to each Council Member.  Upon vote on the motion, the following votes were recorded:  Yeas: All; Nays:  None.  The Mayor announced the motion carried.

The Mayor asked for corrections or additions to the agenda.  There were two:
Add Item 39:Employee Step Advancements to add:
          5.  Fire Department
               a.  James R. Boozer – Range 39, Step 15 – effective 10/29/06.
Add Item 15A:Consider action to present intent of City of Jacksonville to place skateboard park on City property at Hammett Street, SW.

A motion was made by Council Member Notar, seconded by Council Member Sudduth, to adopt the agenda as amended.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

PUBLIC COMMENTS.  The Mayor asked for comments concerning current agenda items.   There were none.

PROCLAMATION:  Mayor Smith proclaimed October 2006, “Domestic Violence Awareness Month” and presented the proclamation to Council Member Sudduth.

RETAIL ON/OFF PREMISE MALT/BREWED BEVERAGE & TABLE WINE LICENSE APPLICATION – JAVA JOLT COFFEE HOUSE.  A motion was made by Council Member Shelton, seconded by Council Member Notar, to approve the application for Edmiston Enterprises, Inc., dba Java Jolt Coffee House for On/Off Premise Malt/Brewed Beverage License and On/Off Premise Table Wine License for the business located at #5 Public Square, East.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

ANNEXATION PETITION – CHURCH STREET, SE.  A motion was made by Council Member Notar, seconded by Council Member Areno, to accept the petition of Larry Worthy, John Worthy and Timothy Worthy, requesting annexation of 2 acres of property contiguous to the corporate limits of the City.  This property is located on Church Avenue, SE.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.  A copy of the annexation petition is made part of the Minutes.

FIRST READING:  PROPOSED ORDINANCE – ANNEXATION OF PROPERTY, CHURCH AVENUE, SE.  A motion was made by Council Member Notar, seconded by Council Member Sudduth, to give first reading to a proposed ordinance providing for the annexation of 2 acres of property, located on Church Avenue, SE, into the corporate limits of the City.  A copy of the proposed ordinance is made part of the Minutes.

FIRST READING:  PROPOSED ORDINANCE – REGULATING THE OUTDOOR STORAGE AND PARKING OF NON-OPERABLE VEHICLES.  A motion was made by Council Member Notar, seconded by Council Member Shelton, to give first reading to a proposed ordinance regulating the outdoor storage and parking of non-operating motor vehicles in the City of Jacksonville.  A copy of the proposed ordinance is made part of the Minutes.

ORDINANCE 473:  ANNEXATION – MOUTAIN SPRINGS SUBDIVISION, MOUNTAIN STREET, NE.  A motion was made by Council Member Notar, seconded by Council Member Shelton, to adopt Ordinance 473, providing for the annexation of approximately 29 acres of real property located on Mountain Street, NE, into the corporate limits.  (Ordinance received 1st Reading on September 11, 2006.)  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.  A copy of Ordinance 473 is made part of the Minutes.

ORDINANCE 474:  PROXIMITY OF CERTAIN ALCOHOLIC BEVERAGE LICENSEES.  A motion was made by Council Member Areno, seconded by Council Member Notar, to adopt Ordinance 474, regulating the proximity of certain on-premise alcoholic beverage licensees to other alcoholic beverage licensees.  (Ordinance received 1st Reading on September 11, 2006.)  Upon vote on the motion, the following votes were recorded:  Yeas:  Council Members Areno, Notar, Sudduth, and Mayor Smith; Nays:  Council Members Parris and Shelton.  The Mayor announced the motion carried.  A copy of Ordinance 474 is made part of the Minutes. 

RESOLUTION 1303:  TAX ABATEMENT – SPAR INDUSTRIES.  A motion was made by Council Member Notar, seconded by Council Member Sudduth, to adopt Resolution 1303, approving the application of Spar Industries for property and sales tax abatement regarding the addition to their current facility.  The tax abatement will be good for a period of ten years.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.  A copy of Resolution 1303 is made part of the Minutes.

DESIGNATE LAND FOR SKATEBOARD PARK.  A motion was made by Council Member Areno, seconded by Council Member Parris, to present intent of the City of Jacksonville to place the skateboard park on City property at Hammett Street, SW.  Upon vote on the motion, the following votes were recorded:  Yeas:  Council Members Areno, Notar, Parris, and Shelton; Nays:  None; Abstain:  Council Member Sudduth.  The Mayor announced the motion carried.

RESOLUTION 1304:  LEASE OLD WAL-MART PARKING LOT – COOPER CHEVROLET.  A motion was made by Council Member Areno, seconded by Council Member Notar, to adopt Resolution 1304, authorizing the Mayor to sign the lease agreement with Cooper Chevrolet, Inc. for rental of parking lot at old Wal-Mart site for the period October 25 – November 5, 2006, for a total rental price of $1,000.00.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.  A copy of Resolution 1304 is made part of the Minutes. 

RESOLUTION 1305:  AMEND RESOLUTION 238 – ADD STOP SIGNS, AMANDA LANE SUBDIVISION.  A motion was made by Council Member Sudduth, seconded by Council Member Parris, to adopt Resolution 1305, amending Resolution 238 by adding stop signs within the Amanda Lane Subdivision at the following locations:
INTERSECTIONCORNER
Amanda Lane, SW at George Douthit Drive, SWNW (facing south bound traffic)
Amanda Lane, SW at Delwood Drive, SWS (facing east bound traffic)

Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.  A copy of Resolution 1305 is made part of the Minutes.

ACCEPT BID REPORT:  PURCHASE AMBULANCE, BID 06-7.  A motion was made by Council Member Sudduth, seconded by Council Member Parris, to accept the bid report for the purchase of an ambulance, Bid 06-7.  The following companies placed bids:
Peach State Ambulance, Inc
2006 Ford E-450 XL Ambulance
$99,481.00
Taylor Made Ambulances
2006 Taylor Made Type III E-450 Ambulance
$88,007.00

Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

RESOLUTION 1306:  BID AWARD – PURCHASE AMBULANCE, BID 06-7.  A motion was made by Council Member Sudduth, seconded by Council Member Shelton, to adopt Resolution 1306, awarding the bid for the purchase of an ambulance, Bid 06-7, to Peach State Ambulance, Inc., for the total amount of $99,481.00 and authorizing the Mayor to sign any necessary documents.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.  A copy of Resolution 1306 is made part of the Minutes.

ACCEPT BID REPORT:  PUBLIC LIBRARY CASSETTE AUDIO BOOK LEASE PROGRAM, BID 06-8.  A motion was made by Council Member Sudduth, seconded by Council Member Notar, to accept the bid report for the Public Library Cassette Audio Book Lease Program, Bid 06-8.  The following companies placed bids:
Landmark Audiobooks
200 Skipjack Road
Prince Frederick, MD  20678


$9,100.00
McNaughton
A Division of Brodart Co.   
500 Arch Street
Williamsport, PA  17701



$4,808.31
Taped Editions, Inc.
5160 E. 65th Street
Suite 115
Indianapolis, IN  46220



$9,995.00

Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

RESOLUTION 1307:  BID AWARD – PUBLIC LIBRARY CASSETTE AUDIO BOOK LEASE PROGRAM, BID 06-8.  A motion was made by Council Member Sudduth, seconded by Council Member Notar, to adopt Resolution 1307, awarding the bid for Public Library Cassette Audio Book Lease Program, Bid 06-8, to Landmark Audiobooks, in the total amount of $9,100.00 and authorizing the Mayor to sign any necessary documents.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.  A copy of Resolution 1307 is made part of the Minutes.

PLACE STREETLIGHTS IN AMANDA LANE SUBDIVISION AND DOGWOOD DRIVE, NE.  A motion was made by Council Member Sudduth, seconded by Council Member Parris, to approve the recommendation of the Street Light Committee regarding the placement of street lights in Amanda Lane Subdivision and Dogwood Drive, NE, at the following locations:
Between Lot #’s 6 and 7
Amanda Lane, SW at its George Douthit Drive, SW intersection
Amanda Lane, SW at its Delwood Drive, SW intersection
Dogwood Drive, NE at its Ninth Avenue, NE intersection

Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

2% COST OF LIVING ADJUSTMENT – CITY OF JACKSONVILLE EMPLOYEES.  A motion was made by Council Member Notar, seconded by Council Member Areno, to approve the two percent (2%) Cost of Living Adjustment for City of Jacksonville employees effective the first pay period in October 2006.  (Pay period begins September 20, 2006.)  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.  A copy of the new payscale is made part of the Minutes.

FY07 BUDGET – CITY OF JACKSONVILLE WATER WORKS, GAS & SEWER BOARD.  A motion was made by Council Member Areno, seconded by Council Member Notar, to approve the FY07 Budget of the City of Jacksonville Water Works, Gas and Sewer Board.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.  A copy of the budget is made part of the Minutes.

2% COST OF LIVING ADJUSTMENT – WATER WORKS, GAS, AND SEWER EMPLOYEES.  A motion was made by Council Member Areno, seconded by Council Member Sudduth, to approve the two percent (2%) Cost of Living Adjustment for the City of Jacksonville Water Works, Gas and Sewer Board employees effective the first pay period in October 2006.  (Pay period begins September 20, 2006.)  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried. 

FY06 LANDFILL WRITE-OFFS.  A motion was made by Council Member Notar, seconded by Council Member Areno, to approve the landfill write-offs for FY06 in the total amount of $1,343.48.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

REIMBURSE LICENSE FEES.  A motion was made by Council Member Shelton, seconded by Council Member Parris, to approve the reimbursement of business license fees in the amount of $110.00 to Mr. Gene Hobbs, 1204 Miranda Lane, SW.  These licenses were purchased for Big Red Construction and Graham & Sons Construction out of Pell City, but another company was used.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

ACKNOWLEDGE RETIREMENT – CLOIS BOOZER, STREET  DEPT.  A motion was made by Council Member Notar, seconded by Council Member Parris, to acknowledge, with regrets, the retirement of Assistant Street Department Superintendent Clois Boozer, effective November 1, 2006.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

APPOINT HOLLEY MURRAY – ACTING CITY CLERK.  A motion was made by Council Member Notar, seconded by Council Member Areno, to appoint Holley Murray, in lieu of Rita Spruiell, as Acting City Clerk in the absence of City Clerk Dot Wilson.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

REQUEST CIVIL SERVICE BOARD (CSB) LIST – FIREFIGHTER / EMT.  A motion was made by Council Member Notar, seconded by Council Member Sudduth, to request the CSB to provide a list of eligible applicants from within the City workforce for the position of Firefighter/EMT.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

EFFECTIVE DATE OF EMPLOYMENT – ALAN PARRIS, UTILITY MAINTENANCE ASSISTANT.  A motion was made by Council Member Areno, seconded by Council Member Sudduth, to make the effective date of employment for Alan Parris as Utility Maintenance Assistant in Range 28, Step 1, as October 4, 2006.  (City Council approved his employment in this position on September 11, 2006, but did not specify the effective date.)  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

ADD ACTIVE VOLUNTEERS – FIRE DEPARTMENT.  A motion was made by Council Member Sudduth, seconded by Council Member Parris, to add the following persons, as requested by Fire Chief Michael Daugherty, to the Jacksonville Fire Department roster as active volunteers, in accordance with Ordinance 239:  Nicholas Harrell, 415 Ladiga Street, SE, and William Patrick McGill, 1033 Miss Annie’s Drive, SW, of Jacksonville.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

REAPPOINT GARY BROWN – JACKSONVILLE PUBLIC LIBRARY BOARD OF TRUSTEES.  A motion was made by Council Member Sudduth, seconded by Council Member Notar, to reappoint Gary Brown to the Jacksonville Public Library Board of Trustees for a four-year term expiring December 2010.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

REAPPOINT EMILY LIPSCOMB – JACKSONVILLE PUBLIC LIBRARY BOARD OF TRUSTEES.  A motion was made by Council Member Sudduth, seconded by Council Member Notar, to reappoint Emily Lipscomb to the Jacksonville Public Library Board of Trustees for a four-year term expiring December 2010.  Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

CONSOLIDATED ADMINISTRATIVE ITEMS.  A motion was made by Council Member Notar, seconded by Council Member Sudduth, to take the following actions:

PURCHASES OVER $2,000.00:  To approve the following purchases:
  1. $4,685.33 to Election Systems & Software for election supplies for the Board of Education Election – City Clerk’s Office.
  2. $18,824.38 to Ben Atkinson Chevrolet, Inc. for the purchase of a 2007 Chevrolet Trailblazer – Mayor’s Office.
  3. $40,796.00 to Adamson Ford, LLC for the purchase of two (2) 2007 Ford Crown Victoria police cars – Police Dept.
  4. $2,479.00 to Calhoun Meter for the purchase of inventory items – Utility Maintenance Dept.
APPROVAL OF TRAVEL EXPENSES:  To approve the following:
  1. $355.86 to Bo Batey to attend ARPA Board Meeting & Workshop, September 12-14, 2006, in Orange Beach, Alabama – Parks and Recreation Dept. (PARD)
  2. $19.85 to Nell Coleman to attend Worker’s Compensation Mediation, September 8, 2006, in Gadsden, Alabama – Finance Dept. / Human Resources.
  3. $394.95 to Josh Jenkins to attend Alabama Natural Gas Training & Fall Workshop, September 12-14, 2006, in Athens, Alabama – Utility Dept.
  4. $22.19 to Timothy Frazier for errands, August 24 – September 20, 2006, in Jacksonville & Anniston, Alabama – Library.
  5. $7.12 to Elizabeth Lee for errands, September 14, 2006, in Jacksonville & White Plains, Alabama – Library.
  6. $5.99 to Amy Miller for errands, August 28-September 20, 2006, in Jacksonville, Alabama – Library.
  7. $1.90 to Stephanie Surrett for errands, August 31 & September 19, 2006, in Jacksonville, Alabama – Library.
  8. $37.40 to Dorothy Wilson to attend Alabama Municipal Clerks Meeting, September 20, 2006, in Sand Rock, Alabama – City Clerk’s Office.
  9. $199.26 to Denise Rucker to attend State Directors Meeting, September 20, 2006, in Montgomery, Alabama – Retired & Senior Volunteer Program (RSVP).
  10. $6.61 to Heath Medley for prisoner transport, September 22, 2006, to West Alabama for pickup by Gulfport Mississippi Police Department – Police Dept.
DISPOSITION OF CLAIMS AGAINST THE CITY:  To approve the following request:
  1. $217.16 to Bo’s Glass & Framing for the replacement of the back glass in a 1991 Nissan pickup truck owned by Mr. Luther Jennings.  The glass was reportedly broken on September 11th by a rock thrown from a lawn mower operated by a PARD employee.
DISPOSITION OF SURPLUS PROPERTY:  To approve the following requests:
  1. Destroy Pentium computer workstation, Decal No. 2784 – Library.
  2. Donate Sharp calculator to local school, Decal No. 0302 – Mayor’s Office.
  3. Transfer small metal file cabinets to Library, Decal No’s. 0103, 0104, 0109 – Municipal Court.
  4. Transfer calculator to Mayor’s Office, Decal No. 2858 – Municipal Court.
  5. Destroy blue metal office chair, Decal No. 3772 – Police Dept.
  6. Rescind action of August 28, 2006 destroying office chair, Decal No. 369 – Utility Dept. Office.
EMPLOYEE STEP ADVANCES:  To approve the following:
  1. James R. Boozer, Range 39, into Step 15, effective 10/29/06 – Fire Dept.
  2. Jerry Couch, Range 35, into Step 15, effective 11/4/06 – PARD.
  3. Jonathan Wilbanks, Range 24, into Step 10, effective 11/18/06 – PARD.
  4. Joseph Martin, Range 38, into Step 17, effective 11/1/06 – Police Dept.
  5. Philip Clark, Range 37, into Step 5, effective 11/20/06 – Police Dept.
  6. Luther Jennings, Sr., Range 24, into Step 5, effective 10/1/06 – Police Dept.
  7. Alan Parris, Range 24, into Step 2, effective 10/3/06 – Utility Maintenance Dept.
  8. Clyde Shew, Range 34, into Step 4, effective 10/20/06 – Utility Maintenance Dept.
Upon vote on the motion, the following votes were recorded:  Yeas:  All; Nays:  None.  The Mayor announced the motion carried.

PUBLIC COMMENTS.  The Mayor asked for comments of a general nature.  There were several.  Ms. Renae Phillips, 315 Adelaide Street, SW, addressed Council regarding two pit bulls that “mauled” her at her home on September 8, 2006.  She was requesting that the Council please take into consideration an ordinance that would place greater restrictions on vicious dogs and how they should be dealt with if they ever attack a person.  She also wanted to thank the police dispatcher and the EMT’s that showed great caring and concern to her after the dog attack.  Mr. C.C. McCain, of Oxford, addressed Council regarding the seriousness of her dog attack; her injuries and time spent in the hospital.  Ms. Lori Phillips (Ms. Renae Phillips’ daughter), 642 Bedwell Street, Heflin, addressed Council regarding both the physical and emotional state of her mother since the attack.  She stated that her mother is afraid to go out in her own yard since, at least, one of the dogs that attacked her is just two residences away.   

There being no further business to come before the meeting, the same was, on motion, duly adjourned.

ATTEST:
____________________________
Dorothy P. Wilson, City Clerk
____________________________
Johnny L. Smith, Mayor

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