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10 SEP 16.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2010 7:00 P.M. – 7:48 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 September 16, 2010 at the regular meeting place of the Council. Alderman Smith delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: Director of Administration Jim Durham, City Engineer Jay Whisker, CDBG Director Theresa Watson, Fire Chief John Vanderhoof, Human Resource Director Jill Ross, 911 Director Tabby Hughes, Assistant Finance Director Cheryl Erkel, Director of Information Technology Barbara Daniel, Parks and Recreation Director Kristen Griggs, Glenda Fletcher, Marie Fletcher, Jim Moore, Mary Twitty, Nola Ferrell, Mike Traylor, Glen Keaton, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of September 2, 2010 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the regular City Council meeting of 19 August 2010 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for August 2010 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for August 2010 from the Jacksonville Fire Department, which reflects a fire loss of $0.00 and a savings total of $0.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Animal Control Report for August 2010. Said report reflects: ADOPTION/FINES: $2,820.00 CONTRIBUTIONS: $ 25.00 TOTAL: $2,845.00 It was clarified that a dog reported not declared vicious was declared dangerous and the owner was cited. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2010 7:00 P.M. – 7:48 P.M. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for August 2010. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 19 Building Inspections 34 Business License 10 Electrical 42 Plumbing 45 HVACR 33 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 189 Notice of Noncompliance 6 Property Mowed 71 Towed 0 Trash Letters 8 CONDEMNATIONS Trash Removal 0 Structural Maint. Letter 0 Property Maint. Letters 21 Structural repairs made 0 Cost $4,415.00 Demolitions 0 CITATIONS WARRANTS Debris & open storage 0 Arrest 0 Property maintenance 0 Search 1 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: ORDINANCE 1407 (#12-10) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF PURCHASE, REFURBISHMENT, AND INSTALLATION OF SKATE PARK EQUIPMENT FOR JACKSONVILLE PARKS & RECREATION; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Sansing to place Ordinance 1407 on FIRST READING. Parks and Recreation Director Kristen Griggs related that they are proposing to purchase new skate park equipment and are requesting to use the original vendor who provided the current skate park equipment. She stated that this vendor is able to expand and elaborate on the existing equipment that is to be relocated and installed at a fair price. She then answered that the item is budgeted. She explained considerations to relocate the skate park to the Jacksonville High School tennis court area. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2010 7:00 P.M. – 7:48 P.M. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1407. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1407 on FIRST READING and to suspend the rules and place Ordinance 1407 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1407. Alderman Stroud moved, seconded by Alderman Ferrell to APPROVE Ordinance 1407 on SECOND READING and further suspend the rules and place Ordinance 1407 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1407. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1407 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1407 THIS 16 DAY OF SEPTEMBER 2010. PLANNING COMMISSION: GENERAL: a. RESOLUTION 650 (#12-2010) A RESOLUTION SUPPORTING AMENDMENTS TO THE ARKANSAS CONSTITUTION TO ELIMINATE INTEREST RATE LIMITS FOR GOVERNMENT BONDS AND LOANS, REVISE INTEREST RATE LIMITS ON OTHER LOANS, AND AUTHORIZE FINANCING OF ENERGY SAVINGS PROJECTS (ISSUE #2 ON THE NOVEMBER 2010 GENERAL ELECTION BALLOT), AND MODIFY AND IMPROVE FINANCING ALTERNATIVE AVAILABLE TO ARKANSAS IN SUPPORT OF MAJOR ECONOMIC DEVELOPMENT PROJECTS (ISSUE #3 ON THE NOVEMBER 2010 GENERAL ELECTION BALLOT); AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Ray to read Resolution 650 (#12-2010). Mr. Phillip Carlisle, former Chairman of the Chamber of Commerce Board of Directors, informed the City Council that he and Mayor Fletcher met with Mr. Randy Zook, President of the State Chamber of Commerce. He explained 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2010 7:00 P.M. – 7:48 P.M. that the State Chamber is supporting ballot issue Amendments 2 and 3 on the November General Election Ballot. He related that Amendment 2 is titled the Interest Rate Amendment and Amendment 3 is an amendment to revise Amendment 82. He then explained that Amendment 2 has three separate issues, firstly the issue of removing the existing method for determining the interest rate caps on Government bonds. He explained that currently the interest rate is 2% above the discount rate, which is 75 basis points. He clarified that it means to finance infrastructure, the highest that can be charged is 2.75% for 30 years. He stated that it does not make the bond desirable for purchase. He stated that the current rule is a 30 year old law, which has become outdated. He stated that the Amendment proposes to raise those limits on long-term bonds. He then reviewed that the second portion of Amendment 2 is proposing to raise the usury limit from 10% to 17%. He explained that it would be good for people who find it difficult to find and obtain credit cards. He stated that the third portion of Amendment 2 is to allow the Government to finance energy saving projects with the savings from their energy bills. He used the example of the City wanting to install all new energy efficient lights, ballasts, windows, doors, and heat pumps in all their buildings, explaining that under this Amendment the City would be able to pay for that with the energy savings. He stated that it offers a way to increase energy efficiency without increasing taxes. He then related that Amendment 3 is in regard to the Super Projects Amendment that was overwhelmingly adopted in 2004 across the State. He stated that it allowed bond issues to go up to 500 million dollars so long as it provides 500 jobs. He noted that it was specifically passed for Arkansas to have the opportunity to get the Toyota plant, adding that Arkansas did not get the plant. He stated that the Amendment is still on the books and the new Amendment proposes to reduce the threshold and offer greater flexibility but preserve the 500 million dollar cap. He then explained that the H.P. project in Conway did not qualify, which represented 85 million dollars and 250 jobs. It will offer a greater opportunity to support businesses across the State. He stated that the Chamber is asking for a resolution of support for those Amendments. Mayor Fletcher noted that the Governor and the State Legislature would be regulating the checks and balances in this system, saying that this is not a blank check. He stated that this will level the playing field with neighboring states because some of the larger industries are relocating out of State. He stated that these Amendments would boost the economy in the State. He noted that it would allow smaller businesses more flexible financing for customers. He stated that there is an article in this month’s City and Town magazine, also noting that many other city councils are supporting these Amendments by resolution. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2010 7:00 P.M. – 7:48 P.M. At this time MOTION CARRIED. Whereas City Attorney Bamburg read the heading of Resolution 650 (#12-2010). Alderman Stroud moved, seconded by Alderman Howard to approve Resolution 650 (#12-2010). MOTION CARRIED. ADDITION TO AGENDA: b. RESOLUTION 651 (#13-2010) A RESOLUTION DECLARING THE EXERCISE OF EMINENT DOMAIN ON CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS, FOR CONSTRUCTION, DEVELOPMENT, EXPANSION, AND IMPROVEMENT OF STREET RIGHTS OF WAY AND UTILITY EASEMENT AND RELOCATION ALONG GRAHAM ROAD; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Resolution 651 (#13-2010) on the agenda. MOTION CARRIED. City Attorney Bamburg stated that Resolution 651 would further efforts regarding the Graham Road project, explaining that the funding that is tied to this project has Federal ties with calendar considerations. He related that all parties listed in the Resolution have been contacted on a repeated basis by Highway Department representatives working in conjunction with the City. He noted that these are the parties that have not accepted what was offered by the Highway Department and this Resolution would be a requirement before being able to move forward with the project. Alderman Smith moved, seconded by Alderman Stroud to read Resolution 651 (#13-2010). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 651 (#13-2010). Alderman Howard moved, seconded by Alderman Ray to approve Resolution 651 (#13-2010) in its entirety. MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): REED’S BRIDGE PRESERVATION SOCIETY Ann Hooper, President of the Reed’s Bridge Preservation Society, noted that the Battlefield reenactment held last weekend was a success, adding that she would like to extend thanks to the City of Jacksonville for their support and help. She also extended a special thank you to Public Works Director Jim Oakley for his help. She presented Alderman Terry Sansing, as winner of the raffle, a replica Star pistol from the 1860’s. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2010 7:00 P.M. – 7:48 P.M. KEEP JACKSONVILLE BEAUTIFUL Mr. Ron Newport related that the City of Jacksonville was honored with being the Arkansas Recycling Education Program of the year. He also extended Public Works Director Jim Oakley his appreciation for his efforts. He stated that this would offer Jacksonville a greater opportunity to receive additional grants. He expressed his appreciation to the City. Mr. Patrick Wilson, an attorney with Wright, Lindsey & Jennings in Little Rock, informed the City Council that he grew up in Jacksonville and attended the public schools. He stated for that reason and because he is an attorney, he has been involved in efforts for the Jacksonville Education Foundation, to help Jacksonville and the North Pulaski area achieve its own school district. He stated that there has been a great deal of effort toward that goal. He offered a brief history of events over the last few years. He started with September 2008 when the Pulaski County Special School District Board voted unanimously to give Jacksonville and the North Pulaski area an opportunity to have its own school district. He related that his firm became involved in the beginning of 2009, noting that at the time there was a lot of discussion about establishing the new school district boundaries before going further. He then stated that in July 2009, the PCSSD Board agreed to the boundaries being the City limits of Jacksonville, plus a small area in Lonoke County off Military Road and the Bayou Meto area. Immediately following the boundaries agreement, the Board voted to cease all negotiations with Jacksonville representatives. He explained that several members of the Board expressed that they were tired of dealing with the “Jacksonville issue”, and were tired of receiving phone calls and emails from Jacksonville people. He related that the issue was “left alone” for a little while, noting that the hearing regarding the unitary status petition of the District, to get out of Federal Court, was coming up. He recalled that the hearing was held in Spring 2010, but there is still no decision from Judge Miller, the Federal Judge who heard the unitary status hearing. He postulated that the million dollar question is when that decision will come. He then related that because it had been two years since the Board voted unanimously to allow Jacksonville and the North Pulaski area to detach, the Jacksonville Education Foundation wanted to go ahead and see if the Board would allow them to negotiate with the District. He related that the ideal was that the representatives of the District and representatives of the Jacksonville Education Foundation would determine who would get what in the detachment. He related that he and Mayor Fletcher attended the Board meeting and offered a compelling argument, with respect for the District’s time and workload, to reopen negotiations regarding the detachment. He stated that the School Board voted against that, voting instead to continue not to talk with the Jacksonville Education Foundation. He then mentioned that the Jacksonville Education Foundation is the entity that was appointed in writing by the former Mayor Tommy Swaim to be the representative of Jacksonville to negotiate 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2010 7:00 P.M. – 7:48 P.M. the detachment. He noted that Mayor Fletcher has continued to support the Jacksonville Education Foundation in that position. He stated that there were some questions by the Board as to whether the Foundation actually represents all the citizens of Jacksonville. He stated that the Board used this as the reason for their vote, despite the fact that Mayor Fletcher was in attendance and the City Council had passed two resolutions in support of a separate school district. He stated that since the Jacksonville Education Foundation is not an elected body, there is some idea that it does not represent the will of the people. He proposed that what is needed is for all the members of the City Council to come to the next Board meeting and offer comments during the public comment period to briefly state that we want our own school district and yes, the constituents want a separate school district. He stated that it was felt that it would be a good idea to show the Board that the elected officials who were elected by the people are strongly in support of this, leaving no doubt about that. He noted that the October meeting would be th on the 12, asking City Council members to make plans to attend at 6 p.m. He stated that it is important that all City Council members attend and make brief comments about being united in this effort. Discussion ensued regarding misstatements in the press and Mayor Fletcher said that he would take the opportunity to correct those statements. Mayor Fletcher suggested that it would be helpful if those individuals running for Council seats also attend with a show of support. He encouraged 100% of the City Council members to attend as representatives for all the people of Jacksonville. Mr. Wilson stated that the ideal is to counter strongly and very effectively the idea that this process is somehow undemocratic. Mayor Fletcher reiterated his firm conviction levied on his being Mayor that the Foundation is the official acting body representing the Jacksonville people in the detachment. He added that he would also ask the Board if they believe in what they are doing enough to lay their seat on the line as well. Mr. Wilson acknowledged great efforts by Mayor Fletcher that have mostly been behind the scenes, saying that Mayor Fletcher has been a strong and zealous advocate on behalf of this effort. He concurred with Mayor Fletcher that all elected representatives and those interested in being elected need to come and offer public comment of unity. He then answered that he is not aware of the motives behind the vote to end communication, but feels that some of the Board members are not sure they want Jacksonville to have its own school district. He continued saying that while he is not certain without a clear answer from the Board, it may be because some in the District feel they could be in trouble without Jacksonville, despite that it has been shown that in some financial aspects the District would be better off without Jacksonville. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2010 7:00 P.M. – 7:48 P.M. th Mayor Fletcher announced that the 12 Annual Wing Ding Festival will be nd held October 2 at Dupree Park, gates will open at 9 a.m. Mr. Rizelle Aaron addressed the City Council for public comment. He stated that when negotiations started regarding the separate district, later the NAACP was involved in the negotiations for a separate district. He stated that they met with Mr. Wilson’s group on two occasions and notified them that they had five votes to allow Jacksonville to do whatever was needed. He stated that suddenly, for whatever reason, the NAACP was excluded from any further meetings. He stated that when they learned about the Tuesday meeting and that the item was moving forward, the NAACP took offense because they thought they had a coalition and were allowed to be involved in the negotiations. Mayor Fletcher pointed out that there were a lot of people that did not know about the meeting. Mr. Aaron stated “we decided at that point that if the City did not any longer recognize us, that we would no longer support the separation. It was offensive to our organization and it was disrespectful to our organization and we will continue not to support a separate district until we are recognized, we had the votes that were necessary, we had the support that was necessary and if they wanted to move forward then they should have at least allowed us to courtesy of letting us know.” Alderman Stroud commented “in other words, I’ll take my ball and go home, is that what you are saying?” Mr. Aaron requested two more minutes, stating “the fact of the matter is that we want to continue to be involved, it does not matter what the reason was for you excluding us, but we want to be involved whether you want us to be or not. Our voices will be heard, whether it’s here or at the School Board meeting. Our voices will be heard, and one last note – I said two minutes, The Foundation, Daniel Gray is one of the best people that I know without a doubt. Pat Wilson, I admire these young men, I respect the members of the Foundation. But what I take issue with is that to have a voice in the Foundation that represents the City, you have to pay to become a member to be involved. If the Foundation is going to represent the entire City, then any citizen should be allowed to be involved without a fee.” He stated that if anyone has any questions he would be happy to answer, otherwise he thanked the City Council for allowing him to speak as a citizen of Jacksonville. Mayor Fletcher stated that no one is shutting the door on anyone, this is a community movement. He continued saying that he has problems with individuals that say “if you do not involve me, it’s more important about me or my organization than it is about the kids.” He stated that “everybody has forgotten, from the School Board to you, to the Courts, to everybody else, this is about the kids. Let’s get back to what it’s supposed to be about.” 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2010 7:00 P.M. – 7:48 P.M. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:48 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 9