Loading...
17 NOV 16 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2017 7:00 P.M. – 7:45 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 16, 2017 at the regular meeting place of the City Council. Councilman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Councilman: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, and Collins answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. Councilman Twitty and Smith were absent. PRESENT EIGHT (8) ABSENT TWO (2). Others present for the meeting were: City Attorney Robert Bamburg, Human Resource Director Jill Ross, Finance Director Cheryl Erkel, Fire Chief Alan Laughy, City Engineer Jay Whisker, Professional Administrative Consultant Geoffrey Herweg, Parks and Recreation Director Kevin House, IT Director Scott Rothlisberger, CDBG Director Theresa Watson, Director of Public Works Jim Oakley, Rick Kron, Jeannie Herweg, Planning Commissioner Patrick Thomas, Bob and Lori Johnson, Dr. Robert Price, Johnny Simpson, Roger Sundermeier, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of November 2, 2017 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Ray moved, seconded by Councilman Bolden that the minutes of the regular City Council meeting of 19 October 2017 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 2017 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Bolden to approve the regular monthly report for October 2017 from the Jacksonville Fire Department, reflecting a fire loss of $120,000.00 and a savings total of $490,000.00. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for October 2017. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 30 Building Inspections 55 Business Licenses 8 Electrical 51 Plumbing 52 HVACR 26 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2017 7:00 P.M. – 7:45 P.M. ROLL CALL: Councilmen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, and Collins voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: a. RESOLUTION 761 (#14-2017) A RESOLUTION APPROVING AND GRANTING AUTHORIZATION TO MAYOR FLETCHER AND POLICE DIRECTOR BAMBURG FOR APPROVAL AND AUTHORIZATION TO ENTER INTO AN INTERLOCAL AGREEMENT AND MEMO OF UNDERSTANDING FOR THE PULASKI COUNTY CRISIS STABILZATION UNIT; AND, FOR OTHER PURPOSES. Mayor Fletcher stated that treatment of mental health patients in jail facilities is a major issue across the Country, explaining that the County Judge is proposing a 16-bed facility to be constructed. He then noted that approximately 7 to 8 counties will be involved. He stated that this has been successful in other states, adding that it will hopefully help those in need of treatment. He related his desire for this program to have a positive impact on the Jacksonville community. Councilman Ray moved, seconded by seconded by Councilman Bolden to read Resolution 761. MOTION CARRIED. Councilman Ray moved, seconded by Councilman McCleary to approve Resolution 761 in its entirety. In response to a question from Councilman Traylor, City Attorney Bamburg related that the request is for $10,000.00 to be set aside in the 2018 budget. Councilman Traylor clarified with City Attorney Bamburg that future funding would be a part of each annual budget. City Attorney Bamburg stated that each year the City Council will determine the appropriate amount to allocate for this purpose. He explained that the participating entities will pay a rate of $50.00 per night for each prisoner’s stay, which will be billed against the $10,000.00 throughout the year. He added that it would be similar to a monthly invoice type of circumstance and that the City would be the one to request or designate that the individuals go into the facility if there is an opening. He then noted, realistically we are talking about a 16- bed facility for a multi-county area in Central Arkansas. Councilman Traylor then clarified that the City of Jacksonville would have to pay for any part of the construction, the funds would strictly be for the care and the County will also bill for any insurance or any other circumstance that the individual might have available. He explained that there would not be any cost to the individual because it will be considered to be jail time. Mayor Fletcher related that the funds were capped by the City not the County. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2017 7:00 P.M. – 7:45 P.M. Councilman Traylor then questioned if the cost would be limited to $50.00 per day. City Attorney Bamburg stated that the agreement specifically states $50.00 per day. He then answered Councilman Bolden that the City would still have to pay the $50.00 per day because Medicare, Medicaid, or private insurance would not fully cover the care costs. He related that the City Council could go lower regarding the funding costs, adding that he and Mayor Fletcher felt that $10,000.00 was an appropriate way to start out and as indicated it will be up to the City as to how many availabilities are sent to the facility, saying that he does not anticipate the entire $10,000.00 being spent the first year. He stated that it is equivalent to 200 days of facility care in a 365 day year. Mayor Fletcher pointed out that this is a volunteer basis for participation. He stated that the ideal circumstance is that the health care providers will get the participants stabilized and connect them with a counselor. At this time MOTION CARRIED. b. PUBLIC HEARING ORDINANCE 1575 (#11-2017) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTY AT VARIOUS LOCATIONS WITHIN THE CITY FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at 7:07 p.m. Mr. Jim Smith of Tolr Properties & Investments stated that he is representing the property addressed as 14 Kaye Lane. He related that he has letters from the adjoining neighbors verifying that he has made improvements to the property since purchasing the property as an investment. He stated that as soon as he purchased the property, he received a citation and immediately cleaned the property up. He stated that he owns 10 commercial and residential properties in Jacksonville and has been a business man in Jacksonville for approximately 30 years. He readdressed the Kaye property saying that the back yard is only 2,200 square feet and the maximum grass growth covers 1,034 square feet, explaining that it is difficult to use a mower in that small space, saying that you have to use a weed eater. He related that he tried to speak with Tracy of Code Enforcement but Tracy was not interested in hearing his situation. In response to a question from Councilman Mashburn, Mr. Smith related that he received one letter weeks after he purchased the property, saying that the grass growth was inherited with the purchase. He went on to say that he has since cleaned the property up. He stated that the City charged him $200.00 to mow just the backyard. He then answered Mayor Fletcher that he received a 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2017 7:00 P.M. – 7:45 P.M. second letter telling him that he would have to go through this process with the City Council. He then answered Councilman Traylor that the City only mowed the backyard one time. He reiterated the size of the yard. Mayor Fletcher stated that there is a standard and it does not matter how big or small the yard is, because there is a standard. He then questioned and confirmed that the yard was mowed immediately following the first letter. Mr. Smith went on to say that he did a massive clean-up on the yard. He stated the Code Enforcement Office came back and there was a little bit of high grass but it was under 50%. Councilman Ray questioned and Mr. Smith answered that the yard is completely cleaned-up. He then confirmed with City Attorney Bamburg that the total is $261.63. Councilman Ray suggested that Mr. Smith’s property be taken off the list and that the Code Enforcement inspect the property. Mr. Michael Blakely of 169 Roosevelt stated that he received a one-time letter saying that he had to keep the yard within 8” or the City would mow the yard and bill him. He added that he had previously received a bill from the City, so he had someone come by every week and a half to cut the yard. th He explained that shortly after, April 14 he received a bill from the City for $130.00 so he went by the house and the grass had been cut by the guy he th hired to take care of the yard. He paid that bill but then on July 14 he th received another bill and his guy had cut the yard on the 10 and he had taken pictures. He stated that four days later he received a letter saying th the City had cut the yard after he had it cut on the 10. He stated that he is not sure why he is being billed when the yard was cut. Mayor Fletcher stated that the City takes pictures before they mow. Discussion ensued as to which Code Enforcement officer handled this property. Mr. Blakely stated that he had called Code Enforcement and talked with a lady who said she would call him back but never did, adding that this was approximately one week ago. He then answered that the first time the City billed him he did not have pictures, so when he mowed the yard the next time he took pictures to have proof. In response to a question from Mayor Fletcher, Mr. Smith answered that the property is rental. He then answered that he has owned the property since early possibly January of 2016. He then confirmed that he was fined one time last year for grass mowing. He answered Councilman Mashburn that he does not have a statement from the person who mows the grass, pointing out that he does have pictures with a date stamp. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2017 7:00 P.M. – 7:45 P.M. Mayor Fletcher related frustrations in dealing with landlords that have property in Jacksonville but do not live in Jacksonville, saying that landlords need to make grass mowing a routine instead of waiting for the City to send out grass letters. He noted that extensive workload for the City’s Parks Department that has to mow all the properties that get grass letters. Mr. Smith reiterated that he did make it a routine; having the guy he hired mowing the grass ever week and a half after paying the first bill in 2016. Mayor Fletcher closed the public hearing at approximately 7:21 p.m. Councilman Ray moved, seconded by Councilman Traylor to place Ordinance 1575 on FIRST READING. Discussion ensued and City Attorney Bamburg explained that notification letters were sent informing the property owners of their balances and of the City Council public hearing to address the matter of liens being filed on their properties. He related that the list consists of the property owners who up to this date have not paid after being invoiced, including a later letter and then lien notification at the end of the year. Councilman Traylor moved, seconded by Councilman McCleary to amend Ordinance 1575 to remove 14 Kaye Lane and 169 Roosevelt Road. ROLL CALL: Councilman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, and Collins voted AYE. MOTION CARRIED. ROLL CALL for FIRST READING: Councilman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, and Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1575 and amendments, pointing out that the Ordinance provided at the workstations would replace the one included in the original agenda. Councilman Bolden moved, seconded by Councilman Collins to APPROVE Ordinance 1575 on FIRST READING and SUSPEND the rules and place Ordinance 1575 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, and Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1575 as amended. Councilman McCleary moved, seconded by Councilman Ray to further suspend the rules and place Ordinance 1575 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, and Collins. voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1575. Councilman Bolden moved, seconded by Councilman Sansing that Ordinance 1575 be APPROVED AND ADOPTED as amended. ROLL CALL: Councilmen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, and Collins voted AYE. MOTION CARRIED. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2017 7:00 P.M. – 7:45 P.M. TH ORDINANCE 1575 (#11-2017) APPROVED AND ADOPTED THIS 16 DAY OF NOVEMBER, 2017. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT Jaxon Terrace PH XI City Engineer Whisker stated that this phase of Jaxon Terrace is completed except for some asphalt work, adding that the developer has guaranteed with a letter of credit in the amount of $43,000.00. He noted that this is an additional 25 lot phase. He answered Councilman Traylor that curved dimensions are provided for the lots in the culdesac. Mayor Fletcher pointed out that front yard setbacks have been changed from 35’ to 25’; saying that shorter driveways have created situations that have promoted parking on subdivision streets. He suggested that the City Council consider changing that in the near future. He added that it continues to be a growing problem for Code Enforcement. Councilman McCleary moved, seconded by Councilman Mashburn to approve the Final Plat of Jaxon Terrace PH XI as presented. MOTION CARRIED. GENERAL: RESOLUTION 760 (#13-2017) A RESOLUTION CONGRATULATING AND EXPRESSING SUPPORT FOR THE JACKSONVILLE/NORTH PULASKI HIGH SCHOOL JUNIOR RESERVE OFFICER TRAINING CORP; AND, FOR OTHER PURPOSES. Councilman Ray moved, seconded by Councilman Bolden to read Resolution 760 (#13-2017). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 760 (#13-2017). Councilman Ray moved, seconded by Councilman Sansing to approve Resolution 760 (#13-2017) in its entirety. MOTION CARRIED. b. DISCUSSION The Meadows Subdivision Councilman Ray noted that The Meadows Subdivision is located in his Ward in south Jacksonville, explaining that the residents have a concern which they would like to bring to the City Council. Mayor Fletcher admonished that the City Council has no authority over the Housing Authority which is a Federal entity. He stated that it is his understanding that many of the issues of concern have been addressed and the residents will be receiving a letter from the Housing Authority. Ms. LeAnn Carter speaking on behalf of The Meadows Subdivision community stated that the Sewer Department did not respond in the 7 to 10 days required and when they came the only thing they did was to clean out the pumps and did 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2017 7:00 P.M. – 7:45 P.M. not initially fix the main issue. She then added that they are starting to have the same issues again. She related a variety of problems being experienced by the residents including sewer smells inside their homes. She stated that the issues have not been thoroughly inspected and this is the first time in the last five years they have come to do anything. She then related problems with maintenance entering their homes without notice or reason. He stated that they have plundered through personal belongings and taken pictures of those belongings. She then stated that they were able to get to the bottom of why their children are having rashes, boils and sores in their mouths; saying that it is because of the sewer and the overflowing of feces on the grounds. She then stated that people on the waiting list are being overlooked because management is moving friends and family to the top of the list. She continued saying that they are treated as if they are not even human beings, pointing out the way they are spoken to by management, adding that it is unprofessional and disrespectful. She stated that they addressed their issues with the Jacksonville Housing Authority and to date we have not received any letters from them. She then stated that management has overcharged for things in the lease that specifically say is not to be charged for, such as $16.00 for one screw that goes into the refrigerator. She stated that they wanted the City Council to be aware of what was going on in The Meadows Subdivision. Mayor Fletcher stated that the Subdivision is a special sewer improvement district and is not the Jacksonville Wastewater and it has grinder pumps. He went on to say that you can put stuff down the drains such as grease. He stated that all the pumps have been cleaned out so from this point on it will be more closely monitored because there were a lot of things pulled out of the grinder pumps that should not have been in there in the first place. He reiterated that the Housing Authority is addressing all the issues she mentioned. He also remaindered her that the City Council is not the authority to address these issues, saying that the next level would be HUD. Councilman McCleary expressed his concerns, questioning if there is a way to impress on the Board the importance of these issues. Mayor Fletcher responded that is the function of the Board and it is their charge. Councilman Ray stated that they have documented the complaints and are going back to the Board next month. He stated that his main concern has been the health issues that have been experienced by the residents. He stated that the Water Department had taken samples and it was shown that they were not the problem but the sewer on top of the ground is unsanitary and is causing a major problem. He then related problems for them to find people who know how to work on the grinder pumps. Ms. Carter stated that they have been accused of putting things down the drains that was not happening. She stated that she does not put grease down her grinder pumps explaining that each home has its own grinder pump but if the flap is messed up then it will allow someone else’s stuff to come to the 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2017 7:00 P.M. – 7:45 P.M. next grinder pump. She stated that she does not want to be held accountable for something that she did not do. Mayor Fletcher stated that now that they have a baseline there will be more accountability for each grinder pump. Councilman Traylor asked if the Housing Authority could be present at the next City Council meeting to offer an update on the situation at The Meadows Subdivision. Mayor Fletcher stated that it would be possible. Several other Council members supported hearing an update from the Jacksonville Housing Authority. He stated that he would invite them to the City Council meeting. c. Request to accept bid for demolition of structure located at 2008 Hwy. 161 Councilman Ray moved, seconded by Councilman Bolden to accept the low bid from Lipsmeyer Demolition Inc. in the amount of $27,800.00. MOTION CARRIED. APPOINTMENTS: rd th ANNOUNCMENTS: City Offices will be closed November 23& 24 in observance rd of the Thanksgiving Holiday Thursday’s (November 23) Sanitation routes will run one day early. th The 40 Annual Holiday Craft & Gift Sale will be held at the Jacksonville th Community Center Friday, November 17, 2 p.m. - 8 p.m. Saturday, November th 18, 9 a.m. – 4 p.m. th Christmas Parade Tuesday, December 5 beginning at 6:30 p.m. th Frontier Christmas will be held Saturday, November 25 at Reed’s Bridge from 10:00 a.m. to 4:00 p.m. featuring pictures with Santa. For more information contact Councilman Mashburn or Lida Feller, adding that it is being sponsored by the Jacksonville Historical District. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:45 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 8