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15 AUG 06 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6, 2015 7:00 P.M. – 7:38 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 6, 2015 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, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Howard answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Finance Director Cheryl Erkel, Human Resource Director Jill Ross, City Engineer Jay Whisker, Public Works Director Jim Oakley, Parks and Recreation Director Kevin House, Police Chief Kenny Boyd, Fire Chief Alan Laughy, CDBG Director Theresa Watson, IT Assistant Shawn Sutterfield, 911 Director Tabby Hughes, Fire Chief Administrative Assistant Lynette Culpepper, Mrs. Glenda Fletcher, Planning Commissioner Jim Moore, Patrick Thomas, Jennifer Martin, Johnny Simpson, Bill Spivey, and interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of July 16, 2015 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 Ray that the minutes of the regular City Council meeting of 18 June 2015 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the regular monthly report for July 2015. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 19 Building Inspections 29 Business Licenses 10 Electrical 24 Plumbing 27 HVACR 13 ROLL CALL: Aldermen: Elliott, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6, 2015 7:00 P.M. – 7:38 P.M. DEVIATION IN AGENDA: POLICE DEPARTMENT: PRESENTATION of Website Data Item addressed later in the agenda. STREET DEPARTMENT: 2015 Asphalt Overlay Bid Public Works Director Jim Oakley stated that bid prices came in regarding the average amounts expected, he recommended the lowest bid. He related that Cranford Construction has performed satisfactory work for the City on several occasions. He mentioned Valentine, Oneida, and Loop Road Bridge as some of the scope planned for overlay and striping. He noted that the striping would be approximately $25,000.00 of the total bid. He then offered a brief update on the progress regarding the completion of Loop Road Bridge, saying that it is nearly half way constructed. He estimated that it would be finalized in the next month. Alderman Ray moved, seconded by Alderman Elliott to approve the low bid for the 2015 Asphalt Overlay from Cranford Construction in the amount of $205,822.03 with funds to be drawn from the Street Fund. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: PUBLIC HEARING a. ORDINANCE 1532 (#12-2015) AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF CAPITAL IMPROVEMENT AND REFUNDING REVENUE BONDS FOR THE PURPOSES OF REFUNDING CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; FUNDING THE ACQUISTION AND EQUIPPING OF VARIOUS CAPITAL IMPROVEMENTS AND OTHER RELATED IMPROVEMENTS IN THE CITY OF JACKSONVILLE, ARKANSAS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE PRESCRIBING OTHER MATTERS RELATING THERTO; AND DECLARING AN EMERGENCY. Mayor Fletcher opened the public hearing at approximately 7:07 p.m., asking if there is anyone who would like to address the matter regarding the issuance of $8,815,000.00 in bonds. Mr. Jack Truemper related that the City’s bonds were offered on the Market yesterday at 9:00 a.m. for sale, adding that it was a very successful sale. He stated that they were able to call the City at 11:00 a.m. to give a commitment to underwrite the bonds, which locked in the interest rates at an all inclusive costs of 3.03%. He stated that they th are set to close the bond issue on September 15, which is when construction funds will be sent to the City along with the amount of funds that will be available to pay off the three outstanding loans. He related that the bonds were very well received in the Market, reiterating that it was a very successful sale. He stated that they appreciate the opportunity to work with the City of Jacksonville, adding that they also 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6, 2015 7:00 P.M. – 7:38 P.M. appreciate the help that Finance Director Cheryl Erkel and City Attorney Bamburg did to help get the ordinances and offering documents to send out to potential investors. With no one to address the matter, Mayor Fletcher closed the public hearing at approximately 7:09 p.m. Alderman Traylor requested clarification regarding what was “offered and well received”. Mr. Truemper explained that they put the bond issue, which they had structured, to have what is called serial maturities, meaning that the City will have maturities maturing every year out to 2030. He stated that there was a principal amount of bonds and each one of those maturities and an interest rate that the investor would receive for purchasing those maturities. He explained that about one week ago, they sent out what is called a preliminary official statement to their sales force, which is an offering document that tells the story of the bond issue and of the City of Jacksonville. He stated that it is to pre- market the bond, so to speak. He stated that at 9:00 a.m., once their trading desk set the interest rates where they believe the bond should sell, they started calling customers, individuals and Arkansas banks. He stated that the structure of the bonds would be reviewed and their customers would choose which maturity they would like to purchase and then place orders in minimum increments of $5,000.00. He explained that they took orders for two hours and at that time they had all the bonds sold except approximately $1,025,000.00. He added that they were comfortable with the credit and at that time, they gave the City a commitment to underwrite the bonds, which locked in the interest rate. He related that they then spent the rest of the day selling the remainder of the bonds to individuals and banks across the State. He then answered Alderman Traylor that most of the bonds have been sold, adding that he did not see the balance at the end of the day but from the standpoint of the City of Jacksonville, yes they have all been sold. On behalf of Stephens Inc., Mr. Truemper thanked Mayor Fletcher for the opportunity to work with the City of Jacksonville. Alderman Ray moved, seconded by Alderman Mashburn that Ordinance 1532 be placed on FIRST READING. Alderman Traylor questioned why the City Council is voting on the Ordinance. City Attorney Bamburg recalled that the Resolution passed by the City Council approximately one month to six weeks ago authorized them to go forward and do what they have done so far. He added that the Ordinance authorizes the full issuance and then authorizes the Mayor and City Clerk 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6, 2015 7:00 P.M. – 7:38 P.M. Davitt to sign off on the documents that are required for the issue to be completed. He related that the sale will not completed, as Mr. Truemper th offered the date of September 15, adding that this allows them to go ahead and see what the response would be and as Mr. Truemper indicated it was very positive. Alderman Traylor stated that he thought the Resolution was to go forward and see what the response would be, adding that he thought it would come back to City Council to decide whether to do an ordinance for a bond issue and how much. Mayor Fletcher stated that is not the way the process works. City Attorney Bamburg stated that is what is here, and this is what the process is. He related that it is no different than what it has been any other time that the City has been involved in this process. He added that he is unsure if Alderman Traylor was around when it was done, saying that he cannot remember Alderman Traylor’s time frame. ROLL CALL: Alderman Elliott, Sansing, Ray, Mashburn, Twitty, Smith, and Howard voted AYE. Alderman Traylor voted NAY (1). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1532. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1532 on FIRST READING. Mayor Fletcher stated that he would like to go on record, saying that this will be a good thing for the City for several reasons. He pointed out that it would free up the cash flow as we get ready to go into the budget for next year to deal with things that we have not been able to do in the past. He then pointed out that the projects that are on the bond issue are long-term things that we could never afford to save up to do, adding that there are needs in this community, some are vital, immediate needs, and some will be needs in the next year or so. He related that this also frees up the budget. He stated that he wanted to make it clear that when they started this process he did a survey from all the Departments where he asked each Director in a staff meeting to identify the short-term, mid-term, and long-term (one-year) needs that they could see for those Departments. He stated that the results were categorized and those that had a life expectancy, citing police cars, saying that you would not want to finance police cars that have a life expectancy of three to four years in a 15-year bond. He stated that at budget time those short-term needs can be addressed. He stated that they took those projects that have the greatest impact that deal with public safety, quality of life things, pointing out a board that shows the phase of improvements for Splash Zone. He stated that there are issues at Splash Zone that have to be dealt with next year. He related that he was at an emergency management meeting in Little Rock last month and was approached by the new Mayor of Greenbrier who wanted to come to Jacksonville to see 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6, 2015 7:00 P.M. – 7:38 P.M. Splash Zone. He stated that the Mayor of Greenbrier told him that a lot of their families come to Splash Zone and they would like to build something similar in Greenbrier. He added that he did not realize that it was a destination for out of town people, saying that Parks and Recreation Director Kevin House told him that they have buses from Sheridan and other places. He stated that Splash Zone is a draw that brings people to the Jacksonville community and it is a quality of life thing, but added that like anything you build, it has to have maintenance. He reviewed the projects included in the bond issue, starting with the Fire Department’s two pumper trucks and one ladder truck, remodel of the Central Fire Station that was built in 1978, a round-a-bout at Harris and General Samuels to deal with the traffic problem pointing out that there would be a new 700 to 800 student elementary school located there in the next few years and there are strong possibilities that there will also be a new high school there. He stated that there would be an increased traffic situation there and the City needs to be proactive and have the traffic addressed. He then noted improvements to Dupree Park, saying that the center piece wooden structure was removed last fall, adding that they were hoping to replace it but could not put it in the budget. He stated that he has gotten calls and people have said they want a place to be able to take their children to play. He stated that it is one of the free things in town they can do, because it seems everything else, even Splash Zone, cost. He added that they are going to redo the bathroom at Dupree Park. He stated that these are much needed projects. Director of Administration Jim Durham stated that he has a question that might even help answer some of Alderman Traylor’s questions, saying that if the City were to receive suddenly a payment from the Game & Fish, which we do not believe we will do, is there early payoff, do we have to draw all the money that is in this bond, if we change - something came up, and we decided we wouldn’t do that…. City Attorney Bamburg stated that there are provisions in the Ordinance as well as in the Issuance for any prepayments that we may receive through the agreement with Game & Fish that are to go directly to the principal on the debt that is involved, which is the agreement with Game & Fish. Alderman Twitty requested clarification regarding the exercise equipment for the Community Center. Mayor Fletcher answered that there is some equipment at the Community Center that needs to be replaced, noting that it is on a regular scheduled of repairs and it needs to be replaced. Alderman Ray stated that he goes to the Community Center everyday and he would agree that there is a need to replace equipment. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6, 2015 7:00 P.M. – 7:38 P.M. Parks and Recreation Director Kevin House stated that he is working with several companies currently to obtain the best price possible. He related that treadmills and elliptical equipment is the main thing they have going bad, which will be the first to be replaced. He stated that he does not have exact numbers, saying that he is still working on that. Mayor Fletcher addressed Alderman Twitty saying that this will take care of the stuff that needs to be replaced now and then we can start budgeting every year a small amount to start refurbishing and put stuff in a cycle. ROLL CALL: Alderman Elliott, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Howard voted AYE. NAY (0) MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1532. Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1532 on SECOND READING. Alderman Traylor noted that the agenda that was received Tuesday afternoon stated that the Ordinance was a Preliminary Draft, saying that he thought that is what would be done tonight. He questioned why he would not think that is what they would do tonight? City Attorney Bamburg stated that the Preliminary Draft was the one they had because they did not have the final numbers from the sale, adding that is why we gave you that version and then after yesterday’s sale, we were able to plug in the final numbers of what the actual issuance was for, which was provided at your station for tonight, the final version of the Ordinance. Alderman Traylor noted that it does not say Draft is says public hearing. City Attorney Bamburg stated that he is referring to the Ordinance. Alderman Traylor stated that the agenda sheet went from Preliminary Draft to Public Hearing. City Attorney Bamburg stated that City Clerk Davitt had failed to put on there the public hearing part of it, with the bond issuance you have to have a public notice and that was published back several weeks ago in both the local paper as well as the Democrat Gazette. th Alderman Traylor recalled that the City Council meeting on May 7, saying that they talked about the exercise equipment and most everything that is on the list, adding that at the time he was concerned about some of the items. He stated that he was hoping and tried to lower the amount, which did not work. He then added that he was under the impression they would have another opportunity to address that, pointing out that no round-a-bout was ever mentioned. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6, 2015 7:00 P.M. – 7:38 P.M. Mayor Fletcher stated that it has to be dealt with one way or another. He related that we cannot generate enough money to start building the round- a-bout, pointing out that we are spending approximately $150,000.00 monthly between the three loans we have now, noting that it will drop to approximately $62,000.00 after the bond issue. He stated it is wise to go ahead and include that round-a-bout in this bond issue rather than try to make sacrifices and cut other road projects. Alderman Traylor stated that he thinks that they should have had an opportunity to discuss it. Mayor Fletcher pointed out that we are discussing it now if you want to discuss it. Alderman Traylor pointed out that the bonds have already been sold. Mayor Fletcher questioned if he wanted to take the round-a-bout out and put something else in? Alderman Traylor stated that his point made was why we couldn’t reduce it down and not have 8 million, why not 7 million and get everything else. Mayor Fletcher stated that he is aware Alderman Traylor does not like to spend money, adding that he does not like to spend money either but he pays a house payment because he likes having a house and buys groceries because he likes to eat. He stated that this City is like a house, we have needs and we have to finance them one way or another. He added that things wear out and there are needs. ROLL CALL: Alderman Elliott, Sansing, Ray, Mashburn, Twitty, Smith and Howard voted AYE. Alderman Traylor voted NAY (1). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1532. Alderman Ray moved, seconded by Alderman Mashburn to suspend the rules and place Ordinance 1532 on THIRD AND FINAL READING. ROLL CALL: Alderman Elliott, Sansing, Ray, Mashburn, Twitty, Smith and Howard voted AYE. Alderman Traylor voted NAY (1). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1532. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1532 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Sansing, Ray, Mashburn, Twitty, Smith and Howard voted AYE. Alderman Traylor voted NAY (1). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Mashburn that the EMERGENCY CLAUSE be attached to Ordinance 1532. ROLL CALL: Alderman Elliott, Sansing, Ray, Mashburn, Twitty, Smith and Howard voted AYE. Alderman Traylor voted NAY (1). MOTION CARRIED. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6, 2015 7:00 P.M. – 7:38 P.M. Th ORDINANCE 1532 (#12-2015) APPROVED AND ADOPTED THIS 6 DAY OF AUGUST, 2015. City Attorney Bamburg stated that now the Ordinance has been passed, he would like to say that the City has done several bond issues during his time here and some have not been as successful in the process of creating them. He stated that he does appreciate the work that they have been able to do through both Stephens as well as Wright, Lindsey. He related that Bill Spivey is great to work with and as good and capable as he is, he thinks everyone should realize one of our own did a lot of the work on this project. He said that she is not quite to the licensing stage yet but Kirby has done a great job and is a great advertisement for what the Pulaski County Special School District did. He related that she has a lot of hope, a lot of promise and a lot of things ahead of her and she is a product of this City and the School District. b. DISCUSSION Privilege Tax Finance Director Cheryl Erkel related that the current Ordinance being followed was adopted in 1978, noting that the Ordinance needs to be updated. She stated that research has been conducted by Nikki Wilmoth regarding what surrounding cities are charging for licensing fees. She requested that a committee be formed to work on formulating a comprehensive user friendly update. Aldermen Mashburn and Ray volunteered to serve on a subcommittee. c. DISCUSSION 5-Year Plan presented by CDBG CDBG Director Theresa Watson reminded City Council that Jacksonville is an Entitlement City, which means based on a formula and the population Jacksonville receives funds from the Department of HUD annually. She stated that the City has a requirement every five years to produce a 5- Year Consolidated Plan. She related that in the past she believes everyone has been under the assumption that the Plan is a plan to determine how to spend the CDBG funds, adding that is not true. She explained that the City is required to execute a plan accessing the needs of the community as it relates to housing, economic development, public services, public facilities, and public infrastructure. She added that the Plan needs to be prioritized by what needs to be accomplished first, adding that since Jacksonville is an Entitlement City, an Action Plan is performed annually which looks at the 5-Year Plan and how will the CDBG funds fit to help the City realize those goals outlined in the 5-Year Plan. She reminded the City Council that this year the 5-Year Plan is due, noting that her Department gets the honor of facilitating the process, so next month there will be a series of meetings at various times to achieve as much input as possible from everyone. She asked that each Council member ensure their Ward knows what is at stake and to attend the meetings regarding their input. She stated the importance of seeing the City grow and accomplished stated goals. She related that emails and letters regarding meeting dates would be forthcoming. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6, 2015 7:00 P.M. – 7:38 P.M. Alderman Mashburn expressed her appreciation to Director Watson regarding all her efforts and hard work. POLICE DEPARTMENT: PRESENTATION of Website Data Chief Boyd stated that recently he had been contacted about the transparency of the Police Department, explaining that it was not felt that the third-party vendor crime reports were providing enough information. He stated that with the help of the 911 Director and others, they started adding their calls for service on the website. He explained that it is on the Police page of the City website, explaining that there is a click through button “call for service” that will provide that information. He explained that the calls that would possibly interfere with crime suppression efforts or high profile investigations are redacted. He stated that they average 120 to 150 calls over a 24 hour period. He then explained that the information excludes the exact address but does offer the block number and the type of incident. He stated that this responsibility was added to the person who handles the job of social media. He stated that this will offer more transparency to the public, adding that it will be advertised in the media, on the Police Department’s Facebook page and on Twitter. Mayor Fletcher pointed out that a lot of the calls are of a non-criminal nature. UPDATE ON HIGHWAY ROAD CONSTRUCTION City Engineer Whisker stated that a u-turn has been added to Main Street on the north side, adding that it is still projected to complete in 2016. Mayor Fletcher thanked City Council, saying that he is excited about what they are working to accomplish. He stated that there is a lot of activity going on in the community between the schools, what the City has been doing, and the highway projects. He stated that he is excited about where the City is going. He expressed his appreciation to the Stephens group for their efforts. APPOINTMENTS: ANNOUNCMENTS: ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:38 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 9