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13 JAN 24 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 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 24, 2013 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, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, 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 John Vanderhoof, Police Chief Gary Sipes, Director of Administration Jim Durham, City Engineer Jay Whisker, Human Resource Director Jill Ross, Public Works Director Jim Oakley, CDBG Director Theresa Watson, Parks and Recreation Director Kristen Kennon, Parks and Recreation Assistant Director Kevin House, 911 Communications Director Tabby Hughes, Advertising and Promotions Commission Chairman Mike Houchen, Mike Wilson from Comcast, Water Commissioner Jack Danielson, Water Commission Chairman Jim Peacock, Water Department Superintendent Jake Short, Water Department Field Supervisor Sal Pappalardo, Wastewater Commissioners John Ferrell and Pat Griggs, Wastewater Utility Manager Thea Hughes, NAACP Chapter President Ivory Tillman, Glenda Fletcher, Marie Fletcher, Judy Schuetzle, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of January 3, 2013 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 20 December 2012 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for December 2012 regarding annual crime statistical comparisons. Code Enforcement for December 2012 Assigned Calls 40 Self Initiated Calls 336 Follow ups 224 Basketball Goals 3 Meetings/court hearings 107 Structures Inspected 6 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. Citations/Warnings Issued 0 Rental Properties Inspected 1 Notices/Letters Written 12 Properties Red Tagged 1 Vehicles Tagged 20 Search Warrants Served 0 Vehicles Towed 2 Structures Rehabbed 0 Lots posted 0 Structures Condemned 2 Signs removed 96 Houses Demolished by City 0 Trash cans tagged 12 Houses Demolished by Owner 2 Parking Violations 56 Grass Letters 0 Grass Mowed 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the regular monthly report for December 2012 from the Jacksonville Fire Department, reflecting a fire loss of $29,500.00 and a savings total of $174,500.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Ray to approve the regular monthly Animal Control report for December 2012 and the Annual Animal Control report for the year of 2012. Said reports reflect: DECEMBER 2012 2012 ADOPTION/FINES: $2,110.00 ADOPTION/FINES: $20,755.00 CONTRIBUTIONS: $ 0.00 CONTRIBUTIONS: $ 740.32 TOTAL: $2,110.00 TOTAL: $21,495.32 REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the regular monthly report for December 2012. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 5 Building Inspections 55 Business Licenses 4 Electrical 52 Plumbing 53 HVACR 45 ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: 2012 Annual Report given by Water Department Superintendent Jake Short Water Department Superintendent Jake Short stated that on behalf of the Jacksonville Water Commission, he is pleased to provide the City Council with the 2012 Annual Water Works report. He reported that this year the water utility had zero water quality violations to report and has had the good fortune to be able to have a standing record of zero violations for the past 13 years. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. He pointed out that in 2013, the Safe Drinking Water Act water quality standards will become even more stringent and the Water Department is working with Garver Engineers and Central Arkansas Water Works to continue to provide the best quality water for our City while continuing to meet or exceed all SDWA standards. He stated that the Department consistently strives to provide the citizens of Jacksonville with the best quality water and service possible. He then noted that Jacksonville Water Works has secured financing from the Arkansas Natural Resource Commission for 25 million dollars in low interest loans, which will be utilized for completing major infrastructure projects that would provide a safe and plentiful water supply to the City of Jacksonville beyond the year 2050. He stated that they are happy to report that construction has begun on the new 3 Million Gallon Elevated Water Storage Tank, adding that the tank would replace a 65 year old 5 million gallon ground storage tank. He added that the project is slated to be completed in November of 2013. He noted that work also began on replacing and updating their Supervisory Control and Data Acquisition (SCADA) System. These modifications to the control system will be completed in February of 2013. He added that they are also expecting to have 3 additional pipeline projects begin this year with the South Source 24" Main and Meter Station Project, the North/South Water Line Project and the General Samuels 24" Water Line Project. The North Belt Transmission Main Improvements Project was completed in 2012. He explained that this project consisted of a water plant expansion at Central Arkansas Water’s Jack Wilson Treatment Plant, an expansion at the Crystal Hill pump station, and 17.4 miles of new water lines. The completion of this project gives Jacksonville the ability to supply up to 12 million gallons of water per day from Central Arkansas Water. He related that Jacksonville's proportional cost for these improvements was $11.2 million of the total $33 million dollar project. He stated that they are proud to report that their participation in this project was accomplished without borrowing any money and was paid for solely from reserve funds that were saved for future water supplies. He added that they are also pleased to announce that the Lonoke White Public Water Authority Project has been funded through the USDA-RW and ANRC for a total project funding of $55 million dollars. This vitally important project will provide Jacksonville with a secondary water source should a catastrophic event occur in the water lines coming from Central Arkansas Water. He reported that the Lonoke White Public Water Authority Project began construction in 2012 and is scheduled to be completed in 2014, explaining that this project will include an intake structure, a water treatment plant, and will also include over 50 miles of water transmission mains that would provide water to 8 member communities, including Jacksonville. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. He related that they are looking forward to the benefits from these and other capital water distribution system projects. He emphasized that all projects are slated to be completed within the next 2 years, saying that this would allow Jacksonville’s water system to continue to expand service capacity and continue providing high quality water service to the community as Jacksonville continues to grow. He stated that Jacksonville Water Works is also in the beginning stages of working with the LRAFB in their effort to privatize their water utilities infrastructure. He explained that privatization would allow Jacksonville Water Works the opportunity to operate, maintain, improve, and assume all responsibility of LRAFB's water system. He added that not only would this project be financially advantageous to Jacksonville Water Works, but of great benefit to LRAFB as well. He noted that by ridding itself of utilities, LRAFB can focus on specific mission requirements instead of system repairs and upgrades. He related that Jacksonville Water Works completed a Utility Billing/Management software conversion integrating all aspects of utility services. The software application conversions included Back Flow, Inventory, Payroll, Budget and Accounting, General Ledger, as well as Utility Billing. The new system allows them to streamline operations, citing that tasks and reports that once took days to complete are now finalized within seconds. He continued saying that with this data they are able to provide Jacksonville residents and businesses with real time data regarding their water usage and allows for the ability to address issues faster, thus offering customers experiencing high usage the ability to take appropriate steps to curtail and/or locate problems before a large bill occurs. He said they are very excited about these upgrades and the opportunity to place a direct focus on the needs of Jacksonville water users. He reported that the projects completed during 2012 includes the installation of 13,720 linear feet of pipe, 19 additional fire hydrants, 69 valves, and updating 158 existing water services. At the end of 2012, 11,205 water meters were in the water distribution system, which includes 85 new water services. He noted that this work was accomplished with a workforce of 34 employees. Currently they have 12 employees licensed by the Arkansas Department of Health to properly operate the water system with 3 additional employees working toward completion of their water operator license. He noted that they are currently taking online payments from customers through their secure Internet site, pointing out that in 2012; they received 6,803 online payments totaling $620,369.00. He stated that they have received many positive comments from customers using this new service. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. He reported that Water Production was up in 2012; on June 30, 2012 they reached peak demand of 7.0 million gallons. This is over the previous year's peak of 6.5 million gallons that occurred on August 4, 2011. He offered that total water production for the year was 1.4 billion gallons, which was a 2.2% increase from the previous year. Average daily water flow was 3.9 million gallons per day. He stated that they appreciate the City Council’s confidence and continued support in working with the Jacksonville Water Commission towards completion of important capital projects set forth in the Water Master Plan. He related that the scope of projects included in the Master Plan will ensure that our City will have a safe and adequate supply of high quality water for future growth of the great City of Jacksonville today, tomorrow, and for many years to come. In response to a question from Alderman Ray, Mr. Short answered that the Water Utility has 12 licensed employees out of 34 employees and another 3 are working to obtain their licenses. Alderman Howard noted that the Utility had significantly better collections in 2012. Mr. Short explained that they have a new process for collections, relating that they are a member of the Arkansas Water Utility Database. He explained that it allows them to partner with other water utilities in reporting bad debt so the utilities have a better chance to collect on delinquent billings. He then answered that the low percentage of water loss is due to the Commission’s diligence, explaining that the Utility promptly addresses any issues involving leaks. He added that changes in the software system have changed the arithmetic, allowing for the reporting in real time. He then answered the Utility is addressing the reduction of lead in the water system as mandated by President Obama, explaining that they are making inventory purchases ahead of schedule. Mayor Fletcher expressed his appreciation to the Water Department for their cooperation in other City projects such as the round-a-bout at Harris and Main, saying that the Water Department has been a great asset to the community. He offered that he is very impressed with Mr. Short’s ability, noting that this is his first year as Water Department Superintendent. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. WASTEWATER DEPARTMENT: 2012 Annual Report given by Wastewater Utility Manager Thea Hughes Wastewater Manager Thea Hughes stated that she is pleased to be able to deliver this report to the City Council, saying that 2012 was a very exciting year for the Wastewater Utility. She offered the following as a summary and highlights for the Utility in 2012. She offered a list of the significant projects that were completed, or are very near completion: She explained that in 2009, the Wastewater Utility obtained an 18 million dollar bond issue to address these projects in a three-year time frame.  Relocation of sewer lines on Graham Road to allow for the expansion to four lanes. She noted that while this was not a part of the bond issue it helped facilitate an Arkansas Highway Department job.  Construction of 3 miles of new sewer interceptor lines, with a significant portion going through the Southern Oaks Golf Course. This allowed for the retirement of four pump stations: Northeastern P.S., Foxwood P.S., Loop Road P.S., and Pinon P.S., and for growth to the north of the City.  Major upgrades to the treatment plant, which did away with chlorine disinfection and replaced it with UV disinfection, making the plant completely chemical-free. They also replaced three primary pumps and other significant pieces of equipment. th All changes without a permit violation. This is the 17 consecutive year without a violation.  Accepted 37,613 feet of new main lines, 15,484 feet of force main, 131 manholes, and 5 new pump stations regarding the Valentine/Wooten Road sewer project. Totaling 10 miles of new sewer line. She stated that this will allow 150-180 customers to access much-needed sanitary sewer services, to replace failing septic systems in that area, adding that this completes the major portion of a 21 year project. She related that the only portion remaining is the connection of the private service lines. She then noted that bids were opened today on the low to moderate income service line connections. She stated that 90 residents qualified and will receive free connections. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M.  In conjunction with acceptance of the Valentine/Wooten sewer lines, our own construction crew is currently upgrading the existing Valentine Pump Station, to make it large enough to handle the additional flow. This requires a new 18’ wet well, vault, and installation of new, larger pumps. She added that this project is completed with the exception of hooking up the SCADA system, which will happen next week.  The past several years, and several million dollars, spent rehabilitating the collection system is paying off. Post-rehab flow results indicate a 29% - 63% reduction (since 2008) in inflow/infiltration in the five basins where rehab has been focused. Industry standards accept 30% reduction in I/I as a success. Based on these standards, JWU has seen a huge success rate.  JWU completed the time-consuming process of providing necessary documentation to renew both NPDES discharge permits, and their Solid Waste permit with the Arkansas Dept of Environmental Quality. These are five-year permits, which require a year-long renewal process occurring every four years. She noted that this year the Utility had to report all overflowing manholes on the discharge report versus in the past where it was reported on a separate report and reviewed by a separate department. She related that there is a new regulation to report phosphorus for the next five years before they establish a limit.  A new, natural-gas powered permanent generator has been installed at the East Pump Station to ensure constant power is available at that station during electrical outages. This project was funded by a Community Block Disaster Grant. In addition, Entergy has installed 3-phase power to the Station, which will assist in more energy efficient operation of the pumps and motors, and help with their longevity and useful life.  She stated that they are currently completing a very detailed proposal for the Defense Logistics Agency for the privatization of the sewage collection system located on the LRAFB. The proposal is due to the DLA on January 25, 2013. DLA will review the proposal and negotiate its contents. If the project is awarded to JWU, a significant bond issue backed by the Federal Government may be required; stressing that there will be no Wastewater Utility funds or City of Jacksonville funds involved in this project. Citizens of Jacksonville will NOT fund this project with their sewer rates or city taxes, but a bond issue will require City Council approval. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. Awards & accomplishments:  Luke Avery is the Arkansas State Backhoe Champion!  Operations Challenge Team (Kevin McGill, Bruce Jones, John Huffmaster, & Steve Grobeck) won the State event, and then received the “Team Congeniality” award at the National WEFTEC event.  Kevin McGill was named the AWEA Safety Professional of the Year.  The Utility was awarded the AWEA Safety Award (a state award) and the WEF Burke Safety Award (a national award) due to our outstanding safety program and record.  Wastewater professionals, and the work we do to maintain our nation’s waters, are finally getting some recognition. The Water Environment Federation (WEF) instigated a “Water’s Worth It” campaign to make the public aware of their most precious natural resource, water. November was declared “Water’s Worth It” month by six Central Arkansas cities. Mayor Fletcher and Mayor Stodola (LR mayor) made formal presentations to their City Councils. Daily O&M:  Treated 1,587,214,000 gallons of wastewater without a permit violation (1.5 billion).  Accepted 3,901,213 gallons of landfill leachate from Two Pine Landfill (3.9 million).  Sanitary Sewer Overflows (SSOs) were down to a total of 23 in 2012 (from 37 in 2011), with only one (1) being related to inflow & infiltration (I/I).  Total Mainline calls were down from 55 in 2011 to 38 in 2012, with ZERO being related to I/I. This is the FIRST TIME EVER that we have had zero I/I related mainline calls. This is a clear indication that our rehabilitation of the system is making an impact.  Mainline calls related to grease were down from 33 in 2011 to 17 in 2012, indicating that our public education is beginning to make a difference. Of the 23 overflowing MH, 9 of them were caused by grease blockages.  A new challenge has appeared in the form of disposable wipes. Of the 23 overflowing MH, 3 of them were caused by wipes in the system, and 12 of our mainline emergency calls were related to wipes. These wipes are not biodegradable, and cause blockages in lines, wrap around pumps and impellers at pumping stations, and get caught on equipment in the treatment plant. This is a new problem of which we are trying to educate the public.  A post-rehab engineering study shows that our I/I is down by an average of 45% in the basins that have had significant line relay and repair. Industry standards consider a 30% reduction in I/I to be successful, so our results are a huge victory. A report and map showing the results and areas are included in the report. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M.  The laboratory performed 7,430 analytical tests this year, and passed all annual recertification and testing.  Pretreatment personnel inspected 1,152 grease traps, and worked with all 12 permitted significant industrial users to ensure they are in compliance.  The following licenses are currently held by JWU employees: Class IV Wastewater Operator = 5 Master’s Solid Waste = 4 Commercial Dr License = 12 Class III Wastewater Operator = 10 Journeyman Solid Waste = 2 Class I Wastewater Operator = 4 Plumbing Inspector = 6 In response to a question from Alderman Robinson, Wastewater Manager Thea Hughes answered that the Utility will TV a line anytime they are called out for any reason. She added that they also TV within one year of new construction, and on a routine basis in different areas where there has not been any recent work. Alderman Ray noted that all the residences were TV’d to make sure they had proper outlets before the bid could be issued. Wastewater Manager Thea Hughes noted that some of the hookups (laterals) were defective and have to be repaired. She added that the repairs are included in the bid that was opened today. She then answered Alderman Robinson that regarding the sewer rate increase there is still an overall loss, explaining that the increase was intended to catch up after the first and second year. She noted that the Utility had reserve funds to cover the first two years, adding that by the third year they will be spending what is brought in. She then answered that the second step started this month. She stated that it should be evident on this month’s bill. Mayor Fletcher expressed his appreciation to the Department and Commission. He commented that he admires that the employees hold education and training as such a priority. He further expressed his appreciation to Wastewater Manager Thea Hughes, saying that he feels she is part of the reason there have been no violations for 17 years. He noted that many other cities pay hefty fines for violations, while the City of Jacksonville has not had a violation for 17 years. Wastewater Manager Thea Hughes stated that she is only aware of one other city that has gone a significant amount of time without a violation, which is Mountain Home. FIRE DEPARTMENT: 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. POLICE DEPARTMENT: Request to accept bid for mobile shelving Mayor Fletcher related that the shelving is for the new evidence room at the public safety building, noting that the bid was opened last week. Alderman Ray moved, seconded by Alderman Bolden to accept the low bid from Southwest Solutions in the amount of $23,076.41 with funds to be drawn from budgeted funds. MOTION CARRIED. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: ORDINANCE 1471 (#2-2013) AN ORDINANCE AMENDING JMC TITLE 14 REGARDING PARKS & RECREATION REGULATIONS FOR PARKS’ FACILITIES WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Parks and Recreation Director Kristen Kennon related that the Ordinance originated regarding a request from a Boy Scout Troop to camp in Dupree Park. She explained that it was agreed by the Commission that such groups would be allowed to camp, adding that it would require them to perform a service project on behalf of the Park. She stated that in review there were other provisions that needed to be removed from the Parks and Recreation’s Code. She noted that one provision suggested to be removed is the Commission controlling the Parks and Recreation budget. She stated that the present ordinance was presented to the Commission and detailed by City Attorney Bamburg, offering that the present ordinance is the approved recommendation of the Commission. City Attorney Bamburg clarified that when the Parks and Recreation Commission was created in 1967, the circumstances were different and it would appear from the language and information used then that the City leaders intended to use the Parks Commission much like the Water and Wastewater is now, where they are somewhat separate financially from the City. He stated that Parks and Recreation is not a Department that is self-sufficient financially, explaining that through the years these codes had not been changed. He noted other provisions that were outdated and were no longer applicable. He stated that there is nothing different being created it is just an update of the language in the ordinance to match what is in place. A stipulation regarding the restriction of ¾ ton vehicles and larger was amended to vehicles larger than ¾ ton vehicles and the proposed speed limit of 25 miles within the Parks was reduced to 15 miles. Alderman Elliott moved, seconded by Alderman McCleary that Ordinance 1471 be placed on FIRST READING as amended. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. Discussion ensued to limiting the overnight camping to Boys and Girls Scouts only, City Attorney Bamburg clarified that Section Fourteen of the Ordinance allows for preservation groups participating in the annual reenactment celebration of Reed’s Bridge to camp overnight. He then added that it will also address camping provisions regarding the shooting range. He then clarified that he did not believe there would be any issue regarding other similar groups or organizations to the Boys and/or Girl Scouts wanting to camp overnight in the Park. He offered that Section Fourteen could be broadened to clarify that intent. Parks and Recreation Director Kristen Kennon stated that she would not want to see that opened for anyone wishing to camp in the Park, stating that it would need to be some type of organized group. She stated that if it were worded to require Parks approval then it could be monitored. She then answered that while there will be no charge for camping, there will be an in-kind service project for being allowed to camp in the Park. She stated that the ordinance is not intended to allow general camping, noting that they are not setup like State Parks for that kind of activity. City Attorney Bamburg stressed that the Parks are not equipped or manned to allow for the type of camping that is normally seen in the State parks. In response to a question from Alderman Howard regarding any cost for weddings held at Reed’s Bridge; Parks and Recreation Director Kristen Kennon stated that those regulations and policies are next slated for review and consideration for those types of activities. She noted that currently they are not included in the pavilion or other rentals, but there is a charge for weddings that would take place in any of the Parks. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1471. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1471 on FIRST READING and to suspend the rules and place Ordinance 1471 on SECOND READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1471. Alderman Ray moved, seconded by Alderman Robinson to APPROVE Ordinance 1471 on SECOND READING and to further suspend the rules and place Ordinance 1471 on THIRD and FINAL READING. ROLL CALL: Aldermen 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1471. Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1471 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1471 THIS 24 DAY OF JANUARY 2013. PLANNING COMMISSION: GENERAL: PUBLIC HEARING a. RESOLUTION 693 (#2-2013) A RESOLUTION IN SUPPORT OF AND AUTHORIZING THE TRANSFER OF OWNERSHIP FOR CERTAIN PROPERTY DESCRIBED HEREIN (GENERAL DESCRIPTION: 1200-1300 BLOCK OF MARSHALL ROAD) TO CLARIFY AND CERTIFY PROPERTY LINES AND RESPONSIBILITIES OF THE CITY IN FUTURE DEVELOPMENT OF SAID PROPERTY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:41 p.m. City Attorney Bamburg explained that after more than 25 years, the court is going to close and complete the consent decree that addresses the old Vertac Plant site. He related that regarding various transfers and property owners over the past 25 years, it is going to require that there be a cleanup of the appropriate boundary lines between the ownerships. He stated that the City owns a portion of the property, emphasizing that those portions transferred to the City does not include any of the contaminated areas. He went on to say that the portions that will have to be transferred to clean up the boundary lines will not include any contaminated areas. He stated that in order to get everything lined up right in how it is setup now and how it needs to be setup, there will have to be some deeds going back and forth with some restrictions placed on the property. He explained that in a hearing held last month, Judge Marshall asked that the City Council address the circumstance in order to authorize the necessary transfers. He related that the legal description is still being tweaked; explaining that there were some problems during the surveying, but City Engineer Whisker is working diligently with him to get those issues addressed. He stated that the surveys are being paid for by the property owner, adding that they will still be required to do all the monitoring that the EPA and Federal Government require. Explaining that this will eliminate the court’s necessity to review and more importantly eliminate the receiver’s position that has had to be paid for over the past 25 years regarding the constant review and work that the receiver had performed to bring it into the court for 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. attention. He stated that this will still leave EPA doing exactly what EPA has been doing ever since they went on site in the first place. He stated that he asked and received authority from the court for City Council to hold a public hearing and address this issue, allowing any members of the public to address the City Council regarding any comments for or against. He went on to say that he would ask that the City Council hold off on reading and passing the Resolution until the first City Council meeting in February to allow for public input. Mayor Fletcher opened the floor for public comment regarding the property at 1200 to 1300 Marshall Road. In response to a question from Mr. Rizzell Aaron, City Attorney Bamburg stated that the City owns a portion of the property and the holding company for the old Vertac Plant Corporation owns the other part. He continued saying that their entity will be changed to a holding company but they are accepting and will still be responsible to meet all the requirements by EPA or the Federal Government for continued monitoring or other actions. He stated that there is someone at the Plant site on a daily basis who takes care of those requirements. City Attorney Bamburg clarified for Alderman Traylor that exhibits A and B would be available with the Resolution at the next City Council meeting. He reiterated that the legal description is still being tweaked, noting that there were problems regarding the surveyors. He then answered Alderman Ray that the name of Hercules is no longer on the deeds. He stated that the title search regarding the transfers and the various entities as well as the manner in which it occurred is part of the reason the surveyors have had a great amount of difficulty with the legal description. Mayor Fletcher closed the public hearing at approximately 7:50 p.m. announcing that the public will have a two week public comment period. b. ORDINANCE 1470 (#1-2013) AN ORDINANCE AMENDING ORDINANCE NOS. 234, 402, 546, AND 1163; PROVIDING RENEWAL OF A FRANCHISE AGREEMENT FOR CABLE COMMUNICATIONS SERVICES; PROVIDING FOR COMPENSATION THROUGH A FRANCHISE FEE PAYABLE TO THE CITY; AND, FOR OTHER PURPOSES. Mr. Mike Wilson thanked the City Council for allowing Comcast to be a part of the Jacksonville community over the past 27 years, since 1986. He noted that both entities have seen major growth since that time. He stated that Comcast now offers over 200 channels; more than 100 are in full high definition. He added that they offer nearly 20,000 programming choices on Video on Demand and full DVR capabilities. He stated that Jacksonville residents now have access to the fastest 13 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. Internet speeds available anywhere. Customers can now package all of this with their home phone from Comcast, adding that recently Comcast introduced a new home security service. He stated that this service provides so much more than home security, explaining that with an iPhone a customer can control their thermostat, turn lights on and off, and check on home video cameras from anywhere in the world where there is an Internet connection. He stated that he feels the future is very bright for the residents of Jacksonville, adding that the technology that Comcast makes available to the residents of Jacksonville is the same, if not better, than what can be found in any major city in the country. He related that Comcast tries to stay active in the community, pointing out that Comcast has been a member of the Chamber of Commerce since the 1980’s and works to stay very involved with non-profit events. He went on to say that Comcast has a special fondness for the Jacksonville Boys and Girls Club, noting that this site last year was selected for the Comcast Cares Day, an annual event where Comcast employees do service work. He stated that Comcast employees built cubbies for the kids. He added that Comcast became very impressed with the Jacksonville Boys and Girls Club, relating that the Comcast Foundation began to work with the Club and the results were phenomenal. He stated that the Comcast Foundation was able to award the Boys and Girls Club a two-year $20,000.00 grant. He summarized the new agreement, saying that Comcast is requesting a 10-year renewal of the existing franchise agreement with the City. He clarified that a 10-year term is identical to the existing agreement. He stated that during discussions with the City, Comcast agreed to increase the franchise from 4 to 5%, which will generate an additional $40,000.00 annually for the City. He added that Comcast also agrees to pay those fees on a quarterly basis as opposed to annually. Alderman Bolden stated that he has spoken with Mr. Wilson and shared his concern regarding a 10-year commitment. He asked for clarification regarding the term “nonexclusive”, adding that his main concern is his constituents who have expressed a desire to have alternative offers regarding those services provided by Comcast. Mr. Wilson stated that “nonexclusive” means that if the City decides that they want to have another wire lined operator provide video service to Jacksonville; it is the City’s right to do so. He stated that all the agreements that they have with various communities are nonexclusive. He stated that some communities have for example AT&T and their Uverse product, saying that they compete with AT&T in a number of their communities. He went on to say that the competition in Jacksonville is fierce with satellite services. He then assured Alderman Bolden that the option for others to make offers to the City is open. 14 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. Mayor Fletcher stated that while it is open, it takes “deep pockets” for a company to come in and offer comparable services. Alderman Bolden stated that he wanted to clarify the myth that Jacksonville is in contract with Comcast and no other entity can come in and compete. He added that it should not be construed that the City Council is blocking any other company from coming into Jacksonville because that is not the case. Mayor Fletcher stated that the City very much appreciates the donation from Comcast to the Boys and Girls Club, saying that since the City took over the operation of the Boys and Girls Club two years ago, every dime of donation is appreciated. He stated that it takes a lot of money to run that program, adding that probably no program meets the needs of the kids in our community more so than the Boys and Girls Club. He then expressed his thankfulness regarding the fact that during the recent snow storm a lot of citizens did lose their cable and Comcast recognized that. Mr. Wilson stated that if anyone did lose service during the storm they need to call 1-800-Comcast, explain the situation and tell them the number of days that you were without service and a credit will be issued. Mayor Fletcher thanked Mr. Wilson, saying that any problems regarding calls from citizens have been handled promptly. In response to a question from Alderman Howard, Mr. Wilson stated that considerations for reopening an office in Jacksonville was not possible because of the low traffic. He explained that the Jacksonville office was combined with the location at McCain. He stated that there are a lot of people who do not go to the office anymore because they pay their bill online and since the technology has improved repairs can be done over the phone without sending a technician to the property. He stated that he feels from a consumer standpoint they are meeting the necessary needs. Alderman Ray moved, seconded by Alderman Mashburn that Ordinance 1470 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. Alderman McCleary abstained. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1470. Alderman Howard moved, seconded by Alderman Sansing to APPROVE Ordinance 1470 on FIRST READING and to suspend the rules and place Ordinance 1470 on SECOND READING. ROLL CALL: Aldermen Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. Alderman McCleary abstained. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1470. 15 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. Alderman Ray moved, seconded by Alderman Robinson to APPROVE Ordinance 1470 on SECOND READING and to further suspend the rules and place Ordinance 1470 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. Alderman McCleary abstained. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1470. Alderman Ray moved, seconded by Alderman Mashburn that Ordinance 1470 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. Alderman McCleary abstained. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1470 THIS 24 DAY OF JANUARY 2013. c. RESOLUTION 692 (#1-2013 A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE, ARKANSAS, TO UTILIZE FEDERAL AID MONIES FOR THE SAFE ROUTES TO SCHOOL PROGRAM; AND, FOR OTHER PURPOSES. City Engineer Whisker stated that this is the same as the resolution that was passed one month ago, explaining that this is the second part regarding education for the children about walking and being healthy. He related that it is still the same sidewalk project previously proposed. Alderman Ray moved, seconded by Alderman Bolden to read Resolution 692 (#1-2013). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 692 (#1-2013). Alderman Ray moved, seconded by Alderman McCleary to approve Resolution 692 (#1-2013) in its entirety. MOTION CARRIED. d. STATE OF THE CITY delivered by Mayor Fletcher Mayor Fletcher offered the following statement regarding the State of the City: “Finding words to sum up the past year setting the stage for the coming year through a State of the City report is usually a celebratory time. However, in reviewing 2012 rather than brick and mortar projects coming to the forefront as accomplishments, and there were some, they tend to take a backseat to the difficulties we experienced with the deaths and tragedies at the beginning of the year. Mike Simpson, the Jacksonville Water Works Superintendent, passed away leaving a void and shock to us all. Mike greatly served the City through his leadership as Jacksonville Water Superintendent. The ease with which he led that department as it secured the future water sources for Jacksonville for years to come is even more so appreciated today. 16 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. th In the late hours of Monday, March 19, in response to an emergency run on Highway 161, three of Jacksonville’s finest were run down, resulting in the tragic loss of Captain Donnie Jones, who was a 32- year veteran with our Fire Department. Fire Engineer Jason Bowmaster and Police Officer Daniel DiMatteo were both critically injured. Officer DiMatteo fought through the pain of his own broken body to locate and retrieve his radio to call for help. His heroic action has been credited for saving Fire Engineer Bowmaster. That same week, we lost a family of five in a home fire that deeply touched our City. We tend, as leaders, to get caught up with projects and sometimes have to be reminded that our job is about people and 2012 certainly brought us to that point. However, through the pain we were able to move forward with many objectives that would improve the quality of life for our citizens. Having to close the indoor pool at the Community Center for a year due to corrosion, we replaced the roof with a new structure and added a pool pack to prevent a recurrence of this situation, allowing us to reopen the pool last spring to the excitement of returning customers and opportunities for new ones. The pool pack created a more comfortable and enjoyable atmosphere for our patrons. The City saw our fire rating decrease from a 3 to a 2 after much hard work by our Fire Department under the leadership of Chief John Vanderhoof. This decrease provides more savings on fire rates through reductions in insurance rates for citizens. We had a total of 100 new single family units built, as opposed to 31 in 2011, tripling housing from the year before. Growth in every category is reported over 2011. Construction wasn’t limited to residential as the City began construction on several municipal projects. In the next few weeks the City will transition from an antiquated and obsolete analog radio system to a state of the art digital system. This system will provide coverage statewide for our first responders and for the first time our departments will be able to “talk to” other agencies such as Little Rock Air Force Base, Arkansas Department of Emergency Management as well as other cities. Jacksonville has also been approved by the Arkansas Wireless Information Network. The AWIN system will take over the maintenance of our transmitter site, which will save the City of Jacksonville yearly costs of up to $100,000. Work began and neared completion on the new Jacksonville Public Safety Building, which will house the 911 Communications operation, the Jacksonville Police Department, Jacksonville Code Enforcement, and Jacksonville Training Office for both Fire and Police Departments, a kitchen facility to handle large group meetings, three large classrooms and one 3,000 square foot Assembly Room/Safe Room. This facility will serve as a source of pride not just for the departments housed there, but the entire community. We have already scheduled events and training from local, state and even Federal authorities for use of our 17 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. facilities. This means continued economic growth as this will bring more patrons to our City for food and lodging, not to mention special training that will be available to our local officers. The safe room will mean that in times of severe weather outbreaks, such as tornadoes, our people will have a very safe place to take refuge. The Jacksonville Senior Wellness and Activity Center was expanded with the addition of a 2,400 square foot Exercise Room/Safe Room. This addition will provide opportunities to expand services for our active seniors to encourage health and wellness, as well to provide a safe haven for Jacksonville residents during severe weather. The Jacksonville Boys and Girls Club underwent remodeling to update and add a much needed girl’s restroom so it can meet the program’s growing needs. Since the City took it over two years ago, this program continues to grow and reach our young people with all kinds of activities and after school tutoring. Construction, however, is not limited only to buildings as one first thinks but also to roads and highways. The widening of Graham Road has been a long process with the completion expected sometime during the late spring or early summer. However, when the project is completed and the projected traffic increases from future construction and development on Graham Road takes place, there will be less of a burden for local residents. This past fall, the Arkansas Highway and Transportation Department held public comment periods concerning the widening of Highway 67/167 and converting frontage roads into one way roads as the process moves forward to six lanes through Jacksonville. This project will be accelerated due to the passage of Amendment One last November. The replacement of the Redmond Road and Main Street overpasses will go out to bid and work should start by early fall of this year. These much needed replacements will not only widen four lanes to six, but are designed to help eliminate much of the danger factors that the current structures have. Many accidents have been attributed to these bridges and new designs should help alleviate many of those. The Main Street and Harris Road roundabout will be started and completed this year which should do two things: (1) to provide safer intersections and (2) to keep traffic flowing even in heavy traffic periods. While there may be some apprehension by some residents, since roundabouts are relatively new to our city, other cities, such as Conway who has seven roundabouts, have assured me people will come to love them as they see the benefit and become accustomed to them. This past year saw the end of service of three great citizens of Jacksonville in their elected position as Aldermen. Marshall Smith, with 31 years of service, Robert Stroud with 12 years of service and Linda Rinker with 8 years, served the citizens of Jacksonville unselfishly and honorably. Their only motive was the betterment of this great City and the City is better because of their service. At 18 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. the same time, three new faces, James Bolden, Barbara Mashburn and Mary Twitty, came to fill those shoes. Jacksonville can be assured the progress that Smith, Stroud and Rinker helped create will continue in the same spirit of unity and vision in her new leaders. In the area of education, Jacksonville stands as strong and committed to improving the quality of education for children and adults as ever before. For the first time this past year, the State of Arkansas Board of Education and the Pulaski County Special School District together have publicly stated their support for an independent Jacksonville/North Pulaski School District. Many things make this proposal attractive as it is definitely a win/win situation for all involved. The plan could even work to help give unitary status to Pulaski County Special School District, as that appears to be the most realistic way to get new facilities built in a timely manner as the wealth index would improve tremendously. A Feasibility Study has been in the works since last fall and from the preliminary figures, Jacksonville is more than adequate in its ability to support its own district. Hopefully, Jacksonville will have its opportunity soon in Federal Court to show the court the needs and benefits of an independent school district as everyone works to improve educational opportunities for our children as they will have to compete in a global economy and the only true edge they can have will be through education. This past September 26, ground was broken at the Jacksonville Lighthouse Charter School for a new College Preparatory Academy (high school) to be completed by fall of 2013. As Jacksonville works on economic development in all areas from industrial recruitment for job creation and retail and commercial development for tax revenue, our work is still vigilant despite the tough national economic setting. Due to Jacksonville’s central location and amenities, as well as being the home of Little Rock Air Force Base and benefiting from its annual economic impact of approximately 780 million dollars, there is much attraction to our City that other cities don’t benefit from. We need to be wise in promoting our assets including the fact that our City is also home to six universities that one can get everything from a Bachelor’s Degree to a Masters Degree. The City of Jacksonville has formed partnerships with the Arkansas Game and Fish Commission and the Arkansas Game and Fish Foundation to build the largest trap shooting facility in the state along with skeet and outdoor 3-D archery. The facility should be built and in operation by early summer of this year. This alone should have a great economic impact upon our existing businesses as well as attract future business. We are still interested in the Wooten Road property for economic development purposes and feel we are close in making some development decisions about the near future. 19 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. President Lincoln said “The best way to predict the future is to create it”. That is the motivation behind all of our endeavors. Our service will not be to burn or buy time, but to use it to build a thriving, healthy city with opportunities for those who want better for themselves and their families.” APPOINTMENT(S): PARKS AND RECREATION COMMISSION Alderman Ray moved, seconded by Alderman Twitty to approve the appointments of Larry McDonald to fill the unexpired term of Ronnie Higgins expiring 5/9/2015 and Valerie Perry to fill the unexpired term of Mary Twitty expiring 5/9/2016. MOTION CARRIED. ANNOUNCEMENT(S): MARTIN LUTHER KING PROCLAMATION Mr. Ivory Tillman, on behalf of the Arkansas Martin Luther King Commission under the direction of Mr. Scarborough and the Jacksonville NAACP president Mrs. Gwendolyn Harper, conveyed their appreciation to the City Council and Mayor Fletcher. He then read the following proclamation issued by the Office of the Mayor: WHEREAS: Martin Luther King, Jr. was a man that devoted his life to serve humanity; and WHEREAS: Martin Luther King, Jr. stepped out of his comfort zone to promote peace; and WHEREAS: Martin Luther King, Jr. saw all humanity as children of God regardless of religion or race; and WHEREAS: The National Association for the Advancement of Colored People (NAACP), Jacksonville, AR branch, the Martin Luther King, Jr. Commission and the City of Jacksonville are promoting community development; and WHEREAS: The primary purpose of Martin Luther King, Jr. and his tenants of non-violence and noble works are remembered and admired; and WHEREAS: Martin Luther King, Jr. had high core values, and in celebration of his birthday, we the citizens of Jacksonville, Arkansas will provide needed services in our community. NOW, THEREFORE, I, Gary Fletcher, Mayor of the City of Jacksonville, AR, do hereby proclaim January 21, 2013, as CITYWIDE CLEANUP DAY OF SERVICE and call upon the people of the City of Jacksonville to join together on this day. 20 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 24, 2013 7:00 P.M. – 8:25 P.M. Mr. Tillman quoted Mathews 23:11 “but he that is greater among you shall be your servant”. He stated that our work as servants is not based on how much we have or who we know, we are placed in the ranks of the Kingdom of God according to our life as servant. He continued saying that Mayor Fletcher fits this description because he has shown his ability to be a servant. He related that Mayor Fletcher came out on Monday and worked with everyone else. He stated that Mayor Fletcher did not want his picture taken or any mention in the newspaper. He added that Mayor Fletcher did what he did as a servant. He thanked Mayor Fletcher for his efforts to the Martin Luther King Day and the Citywide Services. He stated that this was the first annual event, adding that next year he hopes to see the event grow. He noted that the majority in attendance were young children of all races that came out to participate in the event. He explained that they were able to provide services to senior citizens and handicapped individuals who were not able to clean up their yards themselves. He then noted that Alderman McCleary and his wife were also in attendance and participated in the cleanup. He related that Public Works Director Jim Oakley furnished the tools necessary for the cleanup. He concluded saying that he is proud for the success of the cleanup day in honor of Dr. King. He again, thanked Mayor Fletcher and the City Council. Mayor Fletcher thanked Mr. Tillman for organizing the event, saying that if everyone does a small share it makes a big difference. Director of Administration Jim Durham noted that the State Legislature is currently in session, explaining that there is a move by many of the chambers of commerce across the State to have a law that would do away with dry townships in wet counties. He stated that he believes the City should be proactive and develop an ordinance regarding zoning to prepare for this change and authorize the Planning Commission to oversee the activity of establishments wanting to sell alcohol. He stated that any permits issued by the ABC would require that any establishment selling alcohol must also meet local regulations. He stated that the regulation would be zoning, which is accomplished through the passage of an ordinance. He went on to say that he feels it would be good to have this in place even if the proposal does not pass the Legislature. He noted that if this proposal does pass it would make it easier for local restaurants selling alcohol. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 8:25 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 21