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15 NOV 19 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2015 7:00 P.M. – 7:53 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 November 19, 2015 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 Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, 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: City Attorney Robert Bamburg, Finance Director Cheryl Erkel, Fire Chief Alan Laughy, Police Chief Kenny Boyd, Human Resource Director Jill Ross, Human Resource Specialist Jennifer Martin, IT Director Scott Rothlisberger, CDBG Director Theresa Watson, Parks and Recreation Director Kevin House, City Engineer Jay Whisker, 911 Director Tabby Hughes, Code Enforcement Officer Charlie Jenkins, Planning Commission Chairman Jim Moore, Johnny Simpson, Lida Feller, Jeff Twitty, Keith Weber, Lucien Gilliam, and interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of November 5, 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 Mashburn that the minutes of the regular City Council meeting of 15 October 2015 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 October 2015 regarding annual crime statistical comparisons. Code Enforcement for October 2015 Assigned Calls 137 Self-Initiated Calls 453 Follow ups 395 Basketball Goals 1 Meetings/Court Hearings 12 Structures Inspected 2 Citations/Warnings Issued 29 Rental Properties Inspected 13 Notices/Letters Written 11 Properties Red Tagged 1 Vehicles Tagged 1 Search Warrants Served 3 Vehicles Towed 0 Structures Rehabbed 1 Lots posted 10 Structures Condemned 0 Signs removed 67 Houses Demolished by City 0 Trash cans tagged 2 Houses Demolished by Owner 0 Parking Violations 7 Tickets Issue 0 Grass Letters 15 Grass Mowed 27 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2015 7:00 P.M. – 7:53 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Bolden to approve the regular monthly report for October 2015 from the Jacksonville Fire Department, reflecting a fire loss of $24,500.00 and a savings total of $462,000.00 REGULAR MONTH REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Bolden to approve the regular monthly report for October 2015. ADOPTION FEES/FINES $1,395.00 CONTRIBUTIONS 0.00 TOTALS $1,395.00 ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: RESOLUTION 734 (#10-2015) A RESOLUTION EXPRESSING APPRECIATION FOR CANINE OFFICER TRIXIE UPON HER RETIREMENT; IN SUPPORT OF TRANSFERRING OWNERSHIP AND RESPONSIBILITY OF CANINE OFFICER TRIXIE TO HER FORMER HANDLER, SGT. CHRIS SCHULTZ, AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman McCleary to read Resolution 734 (#10-2015). Chief Boyd invited the City Council to attend the retirement ceremony to be held tomorrow at the Police Department beginning at 2:00 p.m. He related that Trixie came to Jacksonville through the City of Hazen when their canine Officer has left the Department. He explained that Trixie was with Sgt. Schultz for approximately 3 years before being promoted and Trixie was then placed with Officer Johnny Higgs. He stated that Trixie was involved in over 1,000 sweeps, over 400 drug arrests and recovery of approximately $50,000 in property. He related that her health is declining, answering Mayor Fletcher that usually a canine’s service years end around age 9 or 10. In response to a question from Alderman Elliott, Chief Boyd related that the Department still has two other canines and a down payment has been put on a third canine. He added that the new canine will be picked up Saturday. He then noted that the new canine will be approximately four years old, adding that the last canine purchased was two years old. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 734 (#10-2015). 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2015 7:00 P.M. – 7:53 P.M. Alderman Ray moved, seconded by Alderman Elliott to adopt Resolution 734 (#10-2015) in its entirety. MOTION CARRIED. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: Request to accept bid for Splash Zone PH I Parks and Recreation Director Kevin House stated that he recommends accepting the low bid minus the deducts, noting that the total would be approximately $354,194.00. He explained that the bid had six deductive alternates. In response to a question from Alderman Elliott, Parks and Recreation Director Kevin House answered that Splash Zone would reopen in May 2016. He then explained that Phase I involves the kiddy pool (the zero depth entry pool). Alderman Traylor confirmed with Mayor Fletcher that proceeds from the recently approved bond issue is being used to finance this phase of Splash Zone’s improvements. Alderman Elliott moved, seconded by Alderman Bolden to accept the low bid from Hydco minus alternates 1 through 6 for a total amount of $354,194.00 to be funded through 2015 series bond funds. MOTION CARRIED. At this time Mayor Fletcher descended the dais to be photographed with retiring canine Officer Trixie. PLANNING COMMISSION: GENERAL: PUBLIC HEARING ORDINANCE 1537 (#17-2015) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WIHTIN THE CITY FOR BALANCES DUE FROM SERVICES RENDEED BY AND/OR ON BEHALF OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:10 p.m. With no one to wishing to addresses the Ordinance, Mayor Fletcher closed the public hearing at approximately 7:11 p.m. City Attorney Bamburg reminded the City Council that the certifying tax lien ordinance is an annual housekeeping measure that has to be turned into the County Clerk’s Office for the 2016 collections. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2015 7:00 P.M. – 7:53 P.M. Alderman Ray moved, seconded by Alderman Twitty that Ordinance 1537 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1537. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1537 on FIRST READING and suspend the rules and place Ordinance 1537 on SECOND READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1537. Alderman Ray moved, seconded by Alderman McCleary to further suspend the rules and place Ordinance 1537 on THIRD AND FINAL READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1537. Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1537 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE 1537 (#17-2015) APPROVED AND ADOPTED THIS 19 DAY OF NOVEMBER, 2015 b. PUBLIC HEARING ORDINANCE 1538 (#18-2015) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTUREAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:13 p.m. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1538 be placed on FIRST READING. Code Enforcement Officer Charlie Jenkins offered two PowerPoint presentations regarding properties addressed as 412 Braden Street and 1511 Nina Street in the City of Jacksonville. He related that 412 Braden Street was originally brought before the City Council in May 2013, the heir of the estate appeared and the City Council granted a 30-day time frame to make improvements to the property. He reported that no improvements were ever made to the property, which is evident by the photographs presented. He offered a PowerPoint 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2015 7:00 P.M. – 7:53 P.M. presentation depicting the further advanced signs for hazardous conditions. He provided the City Council with evidence that the home is structural unsound. He then offered a PowerPoint presentation regarding 1511 Nina Street, informing the City Council that he began working with the previous owner of the property in 2013. He demonstrated sizable structural wall damage to the upper left corner of the quad-plex apartment. He explained that he received a courtesy copy of an email that transpired between City Engineer Whisker and the previous owner of the property that detailed problems with the foundation of the property that was estimated to cost as much as $20,000.00 to correct. He then reviewed the other various hazardous conditions of the property, including other walls and ceiling failure. Mr. Donny Copeland, new owner of the property at 1511 Nina Street, addressed the City Council saying that he took possession of the property November 13, 2014. He stated that he purchased the property as an investment and has spent the last five months talking with contractors and trades people regarding the rehabilitation of the property. He stated that he has not been involved in this type of property rehabilitation before and it has taken longer because of his inexperience. He then explained that he was contacted by Mr. Jenkins and it was determined that prior notices had been sent to the wrong address. He stated that the address was a mailing address on the Internet but he had not used that address for two years. He stated that he contacted Mr. Jenkins and the property has been cleaned up, saying that he was not aware that furniture had been dumped on the property. He stated that his goal would be to have the property rehabbed, adding that he is willing to spend approximately $100,000 to make it a first class property. He stated that he would like to target Military personnel as possible tenants. He stated that the latest bid of $4,500 he received on the property was from Powerlift, adding that he was told that there is no intense structural damage. He explained that there is a drain in the ditch at the end of the driveway that is too small to handle the natural drainage. He stated that the water tends to stand and run to the corner which is causing the drop. He stated that the he plans to divert the water to the back of the property. He stated that he has no real excuse aside from being inexperienced and some procrastination in the beginning as to why work has not already started on the property. He related that once he realized that it was going to take this long, he should have contacted Mr. Jenkins. He stated that he would love to have the opportunity to fix the property, estimating that it would take 6 months to complete the improvements. He stated that if granted additional time he would begin immediately, explaining that another factor that contributed to the delay was that he had to get an appraisal for the bank and the person handling the loan went on sick leave. He stated that he has indication that everything is good with the loan and he would like to start in the next 30 days if not sooner. He assured Alderman Sansing 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2015 7:00 P.M. – 7:53 P.M. that the foundation damage is more surface than structural. He then answered Alderman Ray that he would be willing to come back to the City Council in 60 days, offering an update on the project progress. Alderman Sansing expressed some reluctance regarding the low bid price from Powerlift, inquiring of Mr. Copeland if a representative from Powerlift was in attendance. Mr. Copeland related that he had conferred with other more experienced real estate people; Brooks McCray and David Carpenter have offered to help in the process. He stated that if an experienced person believes the foundation is going to cost more he would be willing to come back before the City Council and share that information. City Engineer Whisker offered that the property is at the end of Sharp Street as it “T’s” into Nina Street. He explained that regarding the drainage, the driveway leading to the back of the apartments was actually the drainage ditch that leads to the rear ditch, which is why the property has the drainage issues. He stated that the structure has some significant problems, which he feels will be costly. Mayor Fletcher stated that given the nature of remodeling, he is afraid once the project starts, Mr. Copeland will find significantly more wrong with the property than was first assumed. He related that he is familiar with the property and it has been a problem mainly because of the low- lying area that it is located within. Mr. Copeland stated that he would be happy to report back to the City Council regarding the feasibility of rehabbing or starting over from the ground up. He related that he feels this property is an opportunity and he does not want to be a problem for the City. He then related that some of the people he has had look at the property lately also feels that there is redeemable value to the property, adding that if that turns out not to be the case, then he would be happy to return to the City Council and let them also be aware of that. He stated that he wants to operate in good faith and work with the City. He then answered Alderman Ray that he believes he will know quickly regarding the viability of the property. Alderman Bolden suggested Mr. Copeland could return to the City Council in 90 days to be able to show significant progress. Mr. Copeland stated that he would be happy to return to the City Council every 30 days and offer a progress report, especially regarding the foundation. He stated that he will know in 30 days some of the things he is not able to know tonight and the same regarding 60 days. He related that he would like to be granted mercy and be able to have more time if he is making progress and if the project does not make progress, he would understand if the City Council condemns the property. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2015 7:00 P.M. – 7:53 P.M. Alderman Sansing cautioned that it would need to be a significant and continuing progress. Mayor Fletcher opened the floor for further comment from the audience. Mr. Lucien Gilliam, the former Little Rock Air Force Base civil engineer, related that his wife was raised on Sharp Street and is very familiar with the area, adding that she has said that at times there has been water as high as 1’ standing in the location of the apartment building. He stated that he believes the building should be removed, saying that it is the only multi-family building in the Keaton Addition. He stated that there is not room for eight parking places for a quad-plex apartment, adding that the property really only has room for approximately three parking places. He stated that property is located in a hole and never should have been built there in the first place, adding that it would have to be raised to get it out of the way of the water that rushes down Sharp Street. He stated that if Mr. Copeland is given 90-days, he does not believe it will work out. With no one else wishing to address either property, Mayor Fletcher closed the public hearing at approximately 7:34 p.m. Alderman Ray moved, seconded by Alderman Bolden to amend Ordinance 1538 and delete the property addressed as 1511 Nina Street. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. Alderman Howard voted NAY (0). MOTION CARRIED. ROLL CALL on FIRST READING: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1538. Alderman Ray moved, seconded by Alderman Bolden to APPROVE Ordinance 1538 on FIRST READING and suspend the rules and place Ordinance 1538 on SECOND READING as AMENDED. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1538. Alderman Ray moved, seconded by Alderman Bolden to further suspend the rules and place Ordinance 1538 on THIRD AND FINAL READING as AMENDED. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1538. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1538 be APPROVED AND ADOPTED as AMENDED. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2015 7:00 P.M. – 7:53 P.M. Alderman Ray moved, seconded by Alderman McCleary that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE 1538 (#18-2015) APPROVED AND ADOPTED THIS 19 DAY OF NOVEMBER, 2015 c. PRESENTATION OF THE 2016 Preliminary Budget Finance Director Cheryl Erkel reviewed the projected 2016 budget for the Street Department; she noted that estimated revenues and proposed expenditures are $2,266,250. She stated that the Street Department budget is balanced. She then reviewed the Sanitation Department, total estimated revenues are $1,900,000 and proposed expenditures are $1,820,000, leaving an excess of revenues of $80,000. She noted that the Sanitation Fund is an enterprise fund so the revenues and expenditures do not have to balance back to zero. In response to a question from Alderman Traylor, Finance Director Cheryl Erkel stated that the Sanitation budget has a set-aside vehicle depreciation expense on a monthly basis. She explained that it shows up in the budget as expenditure, but it also shows as a reserve in the assets. She stated that the 2016 estimated revenues for the EMS Fund are $1,600,000 with appropriations of $1,600,000, adding that the EMS budget is balanced back to zero. She then stated that the General Fund is the most difficult of the various budgets, noting that she has an overview of the projected revenues by source totaling $20,360,165 for 2016 compared to the proposed expenditures (after departmental cuts) of $20,540,214, which is a shortfall of ($180,049). She went on to explain that she and the Mayor have met with all of the department heads regarding cuts and she has provided a handout detailing the various departmental cuts that totals $740,092. She noted that the detailed revenue sheets provides the actual activity for 2012, 2013, and 2014; along with what had been budgeted for 2015 and the projected activity to the end of 2015 and then what is projected as revenue for 2016. She stated that the unknown factors would include being uncertain on the Arkansas Game & Fish Foundation contribution in 2016 would be, noting that the City does not have a set payment schedule with AG&F. She added that as of today AG&F still owes $843,649 regarding the original 2 million dollar commitment. She stated that those payments would be 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2015 7:00 P.M. – 7:53 P.M. applied to debt service, which is included in the General Fund under department number 13. She related that she was conservative regarding the amount the City would receive from AG&F, projecting on the revenue sheet under account number 01-00-4901 $145,000. She related that another unknown is how much funding the A&P Commission will give the City because they have not passed their budget yet. She added that there have been some conversations regarding the Boys and Girls Club, saying that she is unsure how that will turn out. She stated that she has reviewed the revenues closely, noting that there are some items that cannot be changed, such as the franchise fees that are set by State Code and the City is currently charging the maximum. She added that one area of change is the privilege tax ordinance that has not been amended since 1974. She related that building, electrical, and plumbing permits are being considered for an increase in fees. She added that the building permits have not been amended since 1993, electrical and plumbing have not been amended since 1991. She noted that Jacksonville’s fees are 3 to 4 times lower than the surrounding cities. She stated that if those permits were doubled, it would still be below what Sherwood is charging. She stated that it would probably be brought to City Council at a later time to consider amending those fees. Mayor Fletcher encouraged the privilege tax committee to conclude their recommendations and provide the City Council with reasonable amendments. He thanked the committee for their work regarding those amendments. He stated that as soon as the unknowable items are determined, he hopes to present a balanced budget. Alderman Traylor questioned how many vehicles were left in the Police Department’s budget. Mayor Fletcher answered that they will go back later as they come up with more revenue and set priorities. Finance Director Cheryl Erkel stated that at this time there are no vehicles listed on the sheet. Mayor Fletcher stated that they will get the budget balanced and then work from there to add vehicles. He stated that they wanted to provide the City Council with something that would help understand the process. He related to those members serving on the privilege tax committee that by being involved they are able to see how hard it is to come up with revenue. He stated that the City is a victim from the population loss in the Census, which was a loss of approximately $756,000 because of the Census count. He added that hopefully the next Census numbers will be up. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2015 7:00 P.M. – 7:53 P.M. Rescheduling of the next City Council meeting Mayor Fletcher noted that the winter Municipal League Conference is being held December 2, 3, and 4; which conflicts with the regularly scheduled rd December 3 City Council meeting. rd It was the consensus of the City Council to reschedule the December 3 th regularly scheduled City Council meeting to December 10. APPOINTMENTS: thth ANNOUNCMENTS: City Offices will be closed November 26 and 27 in th observance of the Thanksgiving Holiday. Thursday’s (November 26) sanitation route will run one day early. th Holiday Lighting Ceremony at City Hall will be hosted November 30 at 6:30 p.m. st Downtown Jacksonville Christmas Parade will be held December 1 starting at 6:30 p.m. Alderman Bolden asked the City Council members to remember the Sharp Street closing for the School District. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:53 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 10