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16 JAN 07 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2016 7:00 P.M. – 7:26 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 January 7, 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, Director of Administration Jim Durham, Finance Director Cheryl Erkel, Human Resource Director Jill Ross, City Engineer Jay Whisker, Public Works Director Jim Oakley, Police Chief Kenny Boyd, Fire Chief Alan Laughy, CDBG Director Theresa Watson, IT Director Scott Rothlisberger, Wastewater Manager Thea Hughes, Water Department Superintendant Jake Short, Water Department Field Manager Sal Pappalardo, Sewer Commissioner Pat Griggs, Water Commission Chairman Jim Peacock, Planning Commission Chairman Jim Moore, Planning Commissioner Patrick Thomas, Keith Webber, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the rescheduled City Council meeting of December 10, 2015 and the regular City Council meeting of December 17, 2015 for approval and/or correction at the next regularly scheduled City Council meeting. CONSENT AGENDA: REGULAR MONTH REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Bolden to approve the regular monthly report for December 2015. ADOPTION FEES/FINES $1,490.00 CONTRIBUTIONS 0.00 TOTALS $1,490.00 ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: RESOLUTION 735 (#01-2016) A RESOLUTION CONFIRMING IMPLEMENTATION OF A PASS THROUGH CHARGE UNDER JMC § 13.16.016 FROM CENTRAL ARKANSAS WATER TO ALL JACKSONVILLE WATERWORKS RATEPAYERS FOR BILLING AND PAYMENT OF THE PASS THROUGH CHARGE FROM CENTRAL ARKANSAS WATER AUTHORITY AS OF JANUARY 1, 2016; AMENDING JMC §§ 13.16.010-13.16.014; AND, FOR OTHER PURPOSES. Water Department Superintendent Jake Short stated that Central Arkansas Water has imposed a 10% increase for the water purchased, adding that the cost will go from $1.60 per thousand gallons to $1.75 per thousand gallons. He related that the residents of Jacksonville are not getting a 10% rate increase. He continued to state that there was a method used 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2016 7:00 P.M. – 7:26 P.M. consistent with pass-through increases done in the past, therefore a customer charge for the rate payers is going up 42¢ and the consumption rate is going up 6¢ a thousand for each step in the rate schedule. He stated that a minimum bill with all services is going up from $52.14 to $52.69, which is a 55¢ increase representing barely over 1%. He explained that an average water bill is 4,000 gallons; the increase on that amount is 69¢ which is .89%. He related that someone who uses 10,000 gallons, the bill will increase $1.07 reflecting a .70% increase. He then noted that in addition wholesale customers would receive a 6¢ increase as well. Alderman Elliott moved, seconded by Alderman Bolden to read Resolution 735 (#1-2016). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 735 (#01-2016). Alderman Elliott stated that he believes it is in the best interest of the City that the City Council not pass Resolution 735 at this time, adding that we need to take further action on JMC § 13.16.016 in the future. Alderman Elliott moved, seconded by Alderman Sansing to deny Resolution 735 (#1-2016). Alderman Sansing stated that information regarding the item was received immediately before the City Council meeting, saying that he feels any pertinent information needs to be included in their packets. Alderman Elliott stated that while he feels the Water Department does a good job, and the Water Commission is governed by the State law §§14-234- 111 and the case law it states that the Water Commission cannot obligate the City to extend services., which is being done against the City’s wishes. He stated that he feels this is something that needs to be addressed in the future. Mayor Fletcher stated that he has made it clear to the Water Commission that this adds heartburn to him to deal with CAW whom he obviously has serious issue with. He added that he feels he has made it clear to the Water Commission what he feels they should do and so personally he does not support this. Alderman Traylor questioned if the Resolution is being denied because of something else that has happen with CAW or because he does not agreeing with the 6¢ increase. Alderman Elliott stated that he does not support the Resolution because he does not agree with a pass-through charge to the citizens at this time. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2016 7:00 P.M. – 7:26 P.M. Alderman Sansing stated that he is not supporting the Resolution because the authority to raise rates and taxes lies with the City Council through their vote, not through an unelected commission. Alderman Traylor recalled that the City Council passed an ordinance that gives the Water Commission the authority to do pass-through charges. City Attorney Bamburg concurred saying that JMC §13.16.016 was passed approximately 8 or 9 years ago. Alderman Traylor then confirmed with City Attorney Bamburg that the Water Commission is not doing anything outside their granted authority through JMC §13.16.016. Alderman Elliott acknowledged that they are not overstepping authority, but the City Council does not have to show support through a Resolution. He then added that the City Council has the authority to change the Ordinance granting that authority. Alderman Ray confirmed with Superintendant Short that the CAW is going to automatically charge the Water Department the new rate. Superintendant Short stated that the Water Department is on the hook for 1.790 million gallons daily whether we use it or not, we are going to have to pay for it. Alderman Howard stated that this is a bad time, given the school millage question that is coming up. He stated that the City needs to concentrate on that and turn down any other sort of tax increase. Jim Moore, president of the Stonewall Subdivision Association addressed the City Council saying that it is his understanding that the water rate was increased last year. Superintendent Short clarified that there was a pass-through last year. Mr. Moore stated that citizens continue to get the pass-through charges and rate increases, saying that he agrees with Alderman Howard that the school millage is the priority. ROLL CALL on the motion to deny: Alderman Elliott, Bolden, McCleary, Sansing, Twitty, Smith, and Howard voted AYE. Alderman Ray, Mashburn, and Traylor voted NAY. MOTION CARRIED. WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2016 7:00 P.M. – 7:26 P.M. PLANNING COMMISSION: GENERAL: a. Proclamation recognizing Jacksonville as a Purple Heart City Mayor Fletcher recognized Mr. Richard Maxwell the District Representative of the Military and Veterans Affair for the Office of Congressman French Hill. Mr. Maxwell stated that he is here on behalf of the Military Purple Heart; he then introduced Mr. Mark Diggs, Little Rock Chapter 431 of the Military with the Purple Heart and Mr. Chuck Atkins, the Sr. Vice Commander for the State Department of the Military Purple Heart of Arkansas. Mr. Atkins stated that it was good to be back in Central Arkansas, recanting his time spent at Little Rock Air Force Base. He stated that Jacksonville has a rich history of supporting the members of the US Armed Forces. He noted that some of the land that the Air Base was constructed on was originally part of Camp Robinson and the Jacksonville had the Jacksonville ammunition plant. He stated that the Purple Heart is specifically a combat decoration, and it is the Nation’s oldest military medal. He related that it was created by General George Washington in 1782 and originally known as the Badge of the Military Merit. It was awarded to three unlisted soldiers in Newburg, New York and then faded from use shortly thereafter. The award was reestablished in 1932 by the President and renamed the Purple Heart. The criteria for presentation is awarded to members of the United States Armed Forces who are wounded by an instrument of war at the hands of the enemy or to the next of kin in the name of those who were killed in action. In 2003 the criteria was amended to include US service members wounded or killed by attacks or acts committed by terrorist groups against the United States or outside the United States in countries friendly to the US. The heritage the Purple Heart represents is scared to those who understand the price that is paid to where it. Established in 1992, the purpose of the Purple Heart Trails and Cities Program is to create a symbolic and honorary system of cities, highways, and bridges or other monuments that give tribute to the men and women who have been awarded the Purple Heart metal. It accomplishes this goal by placing a visual reminder to those who have paid a high price for our freedom, to live and travel in a free society. Signs or monuments have been placed at various locations throughout the United States, designating those locations where legislation or proclamations have been passed to designate them as a Purple Heart Trail or City. Today, on behalf of the Military Order of the Purple Heart Department of Arkansas, Mark Diggs Commander of Chapter 431 Little Rock present to the City of Jacksonville a plaque designating it a Purple Heart City. He thanked Mayor Fletcher, members of the City Council, and the residents of Jacksonville for recognizing the sacrifice and service made by all veterans who have served our great Nation. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2016 7:00 P.M. – 7:26 P.M. Mayor Fletcher received the Purple Heart Plaque on behalf of the City of Jacksonville. He then read the proclamation prepared by his office. TO ALL TO WHOM THESE PRESENTS SHALL COME ------- GREETINGS: WHEREAS: First created as the Badge of Military Merit by General George Washington in 1782, the Purple Heart is the oldest military decoration in present use; and WHEREAS: The Purple Heart was the first American service award or decoration made available to the common soldier and is specifically awarded to any member of the United States Armed Services wounded or killed in combat with a declared enemy of the United States; and WHEREAS: Many former residents of Jacksonville have made the ultimate sacrifice in giving their lives in the cause of freedom, and numerous combat- wounded veterans currently reside within this City and contribute to this community in countless ways; and WHEREAS: Chartered by an act of Congress, the mission of the Military Order of Purple Heart is to foster an environment of goodwill among the combat wounded veteran members and their families, promote patriotism, support legislative initiatives and more important, make sure we never forget; and WHEREAS: We appreciate the sacrifices our Purple Heart recipients have made in defending our freedoms and believe it is important that we acknowledge them for their courage and show them the support they have earned; and WHEREAS: The City of Jacksonville wishes to pledge its support to the Military Order of the Purple Heart and for those who put their lives at risk in service of their country and their fellow citizens. NOW, THEREFORE, I, Gary Fletcher, Mayor of the City of Jacksonville, AR, do hereby proclaim that the City of Jacksonville is a PURPLE HEART CITY Mr. Maxwell presented the members of City Council with Military Order Purple Heart supporter pins. b. ORDINANCE 1536 (16-2015) AN ORDINANCE AMENDNG JMC § 5.04 TO PROVIDE MODIFICATION OF THE CITY’S BUSINESS PRIVILEGE LICENSE REQUIREMENTS; AND, FOR OTHER PURPOSES. Alderman Bolden moved to table Ordinance 1536. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2016 7:00 P.M. – 7:26 P.M. City Attorney Bamburg clarified that Ordinance 1536 (#16-2015) has been tabled and if the City Council chooses to address the Ordinance it would have to be take off the table. He stated that if there is no desire to address the Ordinance it can remain on the table. Alderman Bolden moved seconded by Alderman McCleary to remove Ordinance 1536(#16-2015) off the table. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, and Howard voted AYE. Alderman Traylor, Twitty, and Smith voted NAY. MOTION CARRIED. Alderman Bolden stated that he wanted to address the Ordinance, suggesting that a committee be formed having business representation from each of the five wards in the City. He added that he feels one Alderman needs from each needs to be on the committee. He stressed the importance of hearing from the people regarding the process of the privilege tax. Alderman Bolden stated that he would like to make that a motion. Alderman Traylor seconded the motion. City Attorney Bamburg clarified that if the motion is to form a committee, it should distinctly say to form a committee. Alderman Elliott stated that it should also say that the Mayor appoints the committee. Alderman Bolden reiterated that he feels Aldermen should pick businesses from their wards to be on the committee. Alderman Bolden moved seconded by Alderman McCleary to establish a committee with business leaders from each of the wards picked by the Aldermen of that ward with three Aldermen serving on the committee. Alderman Elliott stressed that the any legislation needs to be fair and equitable to everyone. Alderman Howard stated that the City should not have waited so long before implementing privilege tax increases so that it would have been gradual increases and not one hit at once. MOTION CARRIED unanimously. Alderman Bolden moved, seconded by Alderman Twitty to table Ordinance 1536 (16-2015). MOTION CARRIED unanimously. WASTEWATER DEPARTMENTS: 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2016 7:00 P.M. – 7:26 P.M. APPOINTMENTS: PLANNING COMMISSION Alderman Ray moved, seconded by Alderman Bolden to approve the appointments Robert Price and Virgil Healey for terms to expire 1/01/2019. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Bolden to approve the appointment of Ron Higgins to fill the unexpired term of Virgil Healey to expire 2/05/2017. MOTION CARRIED. ANNOUNCMENTS: ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:26 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 7