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16 MAR 17 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2016 7:00 P.M. – 7:33 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 March 17, 2016 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, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Howard answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Alderman Bolden was absent. 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, Parks Director Kevin House, Public Works Director Jim Oakley, Police Chief Kenny Boyd, Fire Chief Alan Laughy, CDBG Director Theresa Watson, IT Director Scott Rothlisberger, Water Department Superintendant Jake Short, Water Department Field Manager Sal Pappalardo, Water Commission Chairman Jim Peacock, Wastewater Manager Thea Hughes, Johnny Simpson, Planning Commissioner Patrick Thomas, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of March 3, 2016 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 Twitty that the minutes of the regular City Council meeting of 18 February 2016 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTH REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Mashburn to approve the regular monthly report for February 2016. ADOPTION FEES/FINES $1,745.00 CONTRIBUTIONS 0.00 TOTALS $1,745.00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Mashburn to approve the Regular Monthly Report for February 2016 regarding annual crime statistical comparisons. Code Enforcement for February 2016 Assigned Calls 111 Self-Initiated Calls 581 Follow ups 435 Basketball Goals 8 Meetings/Court Hearings 11 Structures Inspected 2 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2016 7:00 P.M. – 7:33 P.M. Warnings Issued 37 Rental Properties Inspected 0 Notices/Letters Written 42 Properties Red Tagged 1 Vehicles Tagged 6 Search Warrants Served 0 Vehicles Towed 1 Structures Rehabbed 0 Lots posted 0 Structures Condemned 0 Signs removed 107 Houses Demolished by City 0 Trash cans tagged 6 Houses Demolished by Owner 4 Parking Violations 18 Tickets Issued 2 Grass Letters 0 Grass Mowed 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Mashburn to approve the regular monthly report for February 2016 from the Jacksonville Fire Department, reflecting a fire loss of $186,800.00 and a savings total of $274,750.00. ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. MOTION CARRIED. WASTEWATER DEPARTMENTS: WATER DEPARTMENT: THIRD AND FINAL ORDINANCE 1544 (#4-2016) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 13.16.016 (PASS THROUGH CHARGES) REGARDING WATER RATES; AND, FOR OTHER PURPOSES. Alderman Traylor moved, seconded by Alderman Ray to place Ordinance 1544 on THIRD AND FINAL READING. ROLL CALL: Alderman Ray, Mashburn, Traylor, Twitty, and Smith voted AYE (5). Alderman Elliott, McCleary, Sansing, and Howard voted NAY (4). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1544. Alderman Ray moved, seconded by Alderman Traylor that Ordinance 1544 be APPROVED AND ADOPTED. Alderman Sansing stated there are many questions as to why he is opposing the Ordinance, however one of the reasons he is opposing the Ordinance as written is he believes the City Council had mistakenly advocated the right to set rates for the citizens of Jacksonville to the Water Commission. He reminded everyone that Jacksonville Water Works is a public utility that is supposed to perform the best for Jacksonville. He related that the Water Commission’s job is to secure abundant water resources for the City, which they have done. He stated that it is true this Ordinance will not affect the CAW water contract for the next 10 years because it had already been finalized. He reiterated that it is the City Council’s responsibility to determine on a case by case basis how these issues will affect the individual citizens of Jacksonville. He informed the City Council that according to PCSSD’s figures, 70% of Jacksonville’s students are on free or reduced lunches, meaning that their parents are struggling. He stated that this is one of the many 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2016 7:00 P.M. – 7:33 P.M. reasons that he feels it is the City Council’s responsibility. He then mentioned that according to MetroPlan, the property in the suburbs continued to rise regarding Jacksonville. He reiterated that he feels it is the City Council’s responsibility to know what the rates are going to do and how even small increases affect the constituents. Alderman Traylor noted that as the reason for the cap regarding any pass through charges. He stated that the last rate increase was $0.06 per thousand gallons of water. He stated that the average home uses 4 to 6 thousand gallons monthly which equals $0.25 a month. He added that this Ordinance does not give anyone free range to raise rates but to “pass through” charges that they receive from either CAW or Lonoke-White. ROLL CALL: Alderman Ray, Mashburn, Traylor, Twitty, and Smith voted AYE (5). Alderman Elliott, McCleary, Sansing, and Howard voted NAY (4). MOTION CARRIED. th ORDINANCE 1544 (#04-2016) APPROVED AND ADOPTED THIS 17 DAY OF MARCH, 2016 FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: PUBLIC HEARING ORDINANCE 1547 (#07-2016) AN ORDINANCE CONDEMNING A STRUCTURE AND REAL PROPERTY AT THE LOCATION NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:06 p.m. Police Chief Boyd offered that this is a property that was brought before the City Council in October, recanting that the owner was present at the October public hearing and it was his impression that the owner was to report back to the City Council or at least Code Enforcement regarding his progress on the property. He stated that there has been no progress which will be evident on the PowerPoint presentation that is being offered by Officer Jenkins. He then noted that a lot of tournaments are held at Dupree Park which is adjacent to the backside of this property and is clearly visible to patrons. Code Enforcement Officer Jenkins reviewed photographs of the property in October versus photographs of the property in its present condition, 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2016 7:00 P.M. – 7:33 P.M. verifying that there has been no real progress on the property. He informed the City Council that he had received an email from the previous owner who had stated that it would cost approximately $20,000.00 to repair just the foundation without consideration to the structural damage. He pointed out that the only discernible change is that the bottom apartments have been cleaned out and the outside staircase has been removed as a safety measure. He stated that to date the City has expended approximately $301.94 regarding advertisements, title searches, and posted expenses, which does not include manpower hours associated with getting the condemnation ready for City Council on two separate occasions. Mr. Donnie Copeland, owner of the property located at 1511 Nina, apologized to the City Council, saying that his understanding was that he had 90-days before he was to report back. He thanked the City Council for their consideration that was granted to him. He informed the City Council that he has had as many as six or seven contractors to the site, and he has contacted several structural engineers regarding the property. He stated that he has had difficulties getting someone to come out and look at the project. He stated that he finally got a structural engineer to look at the property who happens to be a friend that owns a construction company and is also doing work for his church. He explained that his friend is from Winnsboro, Louisiana. He stated that his friend has requested time to finish the report, saying that they would like to have the results confirmed, explaining that the report indicates that the building is not structurally unsafe as far as falling down but the cost to fix the foundation and structure is prohibitive regarding an investment. He stated that his engineer wanted to do some further research and then offer two alternatives. He explained that it is not his desire to be a slum lord or to have property that is unsightly to the neighborhood or Dupree Park. He added that he was unable to go into the back yard because his neighbor to the rear has four pit bulls on small ropes. He related that they are constantly jumping and the fence is torn down and two of their vehicles were parked on his property. He related that the inside of the four-plex was cleaned and he took down both stairwells and cleaned up the outside of the property. He stated that while it is still an eyesore, he did clean up the property. He stated that he wants a first class property, adding that it looks as if the structure will need to come down and have something nice constructed in its place. He added that he would like to have the engineer’s complete report before moving forward. Alderman Traylor recalled and Mr. Copeland concurred that he did volunteer to return to the City Council before the 90-day period to offer an update regarding the property. He confirmed with Mr. Copeland that he was aware that the City Council expected him to take care of this within the 90-day period. He noted that the letter Mr. Copeland offered the City Council from his structural engineer was only dated three days ago and nothing has been done. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2016 7:00 P.M. – 7:33 P.M. Mr. Copeland stated that in fairness to get anything done he would have to get a loan for the improvements and to get the condemnation cleared up it is like the “chicken and the egg”. Alderman Traylor stated that the only reason it is back on the condemnation list is because the time had lapsed. Mr. Copeland related that his understanding was he had 90-days, saying as gracious as the City Council has been he would not just have not shown up. He reiterated that it was his understanding that he had 90-days to return with a report, adding that he had hoped to have more done during that time. He stated that he has tried multiple times to get numerous contractors to the property when he finally got the structural engineer from Louisiana. He stated that if demolishing the structure is the best thing to do then he is okay with that but when Mr. Jenkins states it needs to come down he is referring to the past owner who is not a structural engineer. He stated that he wanted to have an educated opinion before demolishing the building. He stated that while he has no excuse, he would like to point out that the property has been in this condition a lot longer than he has owned the property. He stated that he is not sure how much more he could have done given the difficulty he had with getting professionals out to the property. He stated that he did not intentionally take advantage of the City Council’s mercy by just not showing up, adding that he was under the impression he had 90-days to come back with a plan. Mayor Fletcher recalled that he was granted 90-days in October, noting that 90-days would have been in January. Code Enforcement Officer Jenkins pointed out that Mr. Copeland has owned the property for over two years and in that time there has been nothing done structurally on the property. He stated that for that reason he feels it is very important to proceed with the condemnation. He then clarified that the previous owner did not set the $20,000.00 fee but actually had a professional estimate performed. Mayor Fletcher stated that this case sets precedence as to how the City Council will handle these issues going forward, noting the additional expenses to bring these condemnations before the City Council a second time. He suggested the City Council will have to proceed with condemnation so there is not an additional expense to reopen the process of condemnation after time has been granted. Mayor Fletcher closed the public hearing at approximately 7:18 p.m. Alderman Elliott moved, seconded by Alderman Howard that Ordinance 1547 be placed on FIRST READING. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Howard voted AYE. (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1547. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2016 7:00 P.M. – 7:33 P.M. Alderman Howard moved, seconded by Alderman McCleary to APPROVE Ordinance 1547 on FIRST READING and suspend the rules and place Ordinance 1547 on SECOND READING. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Howard moved, seconded by Alderman McCleary to accept Ordinance 1547 on SECOND READING and suspend the rules and place Ordinance 1547 on THIRD and FINAL READING. In response to a question from Alderman Traylor, City Attorney Bamburg explained that the Ordinance gives a 30-day time frame for the structure to be brought back into Code compliance or the building has to be razed. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1547. Alderman Elliott moved, seconded by Alderman McCleary that Ordinance 1547 be approved and adopted. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE 1547 (#7-2016) APPROVED AND ADOPTED THIS 17 DAY OF MARCH, 2016. b. CDBG 2015 CAPER Consolidated Annual Performance & Evaluation Report CDBG Director Theresa Watson noted that the report was distributed in the Alderman packets, offering to answer any questions the City Council may have. She then noted that two additional reports were left at their stations that would require action at the second meeting in April. She th then noted a meeting April 18 beginning 1:30 at the Community Center to reveal the findings regarding the analysis of Impediments to Fair Housing conducted by J-Quad of Dallas, Texas. In response to a question from Alderman Traylor, Director Watson answered that the CDBG Department issues taxi vouchers twice annually, once in January and then in July. She related that each voucher is $2.00 and each participant can receive up to 50 vouchers per issuance, explaining that they can be used the same as cash. She then related that if the th participant uses all 50 vouchers before June 30, they will not receive st additional vouchers until July 1. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2016 7:00 P.M. – 7:33 P.M. Alderman Ray moved, seconded by alderman Traylor to approve the 2015 CDBG CAPER (Consolidated Annual Performance & Evaluation Report) in its entirety. MOTION CARRIED. c. Request to accept bid for Janitorial Services Finance Director Cheryl Erkel pointed out that two bidders came in with the lowest bid of $45,000.00, noting that after background checks, the recommended bidder is Clean Team II Janitorial at $45,000.00 annually with a 3% included discount. She related that it would cover services for City Hall, Community Center and Martin Street. In response to a question from Alderman Traylor, Director Erkel related that currently the City is using Sharp Cleaning and they will be given a 30-day notice when the new contract is awarded. She then answered that they did not participate in the bidding process. She explained that research was performed regarding the five lowest bids, including if companies performed employee background checks. She then noted that Clean Team II uses the Arkansas State Police for background checks. She stated that Clean Team II is located in Little Rock and the other low bidder Supreme Clean is located in Benton. She related that references revealed that Clean Team II has a supervisor that comes in behind the cleaning crew to sign off on the work on a regular basis. She then answered that Oasis Cleaning is a company based out of Jacksonville but even with the 5% preference percentage, their bid did not come in as the low bid. Alderman Ray moved, seconded by Alderman Twitty to accept the low bid from Clean Team II Janitorial in the amount of $45,000.00 and reject the equally low bid from Supreme Clean Janitorial based on further research regarding employee background checks and supervisory controls. MOTION CARRIED. APPOINTMENTS: stnd ANNOUNCMENTS: Mayor Fletcher announced that April 1 and 2 the th Jacksonville High School would host the 4 Annual Clinton McDonald Football & Cheer Camp. Mayor Fletcher announced that there will be a Public Involvement Meeting regarding the Hwy. 67 widening from Main Street to Vandenberg Blvd. and Vandenberg Blvd. to Hwy. 5 to be held at the Jacksonville Community Center Tuesday, March 29, 2016 4:00 p.m. to 7:00 p.m. Mayor Fletcher mentioned several public hearings to take place when scheduling is finalized regarding the I-30 corridor, saying that the residents of Sherwood, Jacksonville, and Cabot need to get involved in 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2016 7:00 P.M. – 7:33 P.M. the public hearings in Little Rock. He stated that one of his concerns regarding this project is the connection between Hwy. 67/167 onto Hwy. 40 and Hwy. 30, saying that it is a dangerous connection. He related that th the meeting will be held April 25 but he does not have a firm location yet. Ms. Nicole Ford read a letter of appreciation from the NAACP Jacksonville Branch that was presented to Alderman Reedie Ray recognizing his participation in the Dr. Martin Luther King Citywide Cleanup. She also thanked Alderman Traylor for his participation, expressing the NAACP’s appreciation to him as well. 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 8