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13 MAY 16 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2013 7:00 P.M. – 8:28 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 May 16, 2013 at the regular meeting place of the City Council. Alderman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, 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, Director of Administration Jim Durham, Police Chief Gary Sipes, IT Director Barbara McDaniel, Human Resource Director Jill Ross, Public Works Director Jim Oakley, Fire Chief Alan Laughy, CDBG Director Theresa Watson, Assistant Parks and Recreation Director Kevin House, 911 Communications Director Tabby Hughes, Code Enforcement Officer Charley Jenkins, Water Department Superintendent Jake Short, Johnny Simpson, Jim Moore, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of April 18, 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 Twitty that the minutes of the regular City Council meeting of 4 April 2013 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for April 2013 regarding annual crime statistical comparisons. Code Enforcement for April 2013 Assigned Calls 114 Self Initiated Calls 294 Follow ups 358 Basketball Goals 2 Meetings/Court Hearings 159 Structures Inspected 20 Citations/Warnings Issued 1 Rental Properties Inspected 3 Notices/Letters Written 74 Properties Red Tagged 1 Vehicles Tagged 4 Search Warrants Served 7 Vehicles Towed 1 Structures Rehabbed 2 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2013 7:00 P.M. – 8:28 P.M. Lots posted 39 Structures Condemned 2 Signs removed 91 Houses Demolished by City 9 Trash cans tagged 2 Houses Demolished by Owner 0 Parking Violations 3 Grass Letters 36 Grass Mowed 4 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the regular monthly report for April 2013 from the Jacksonville Fire Department, reflecting a fire loss of $113,000.00 and a savings total of $45,000.00. REGULAR MONTH REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman McCleary to approve the regular monthly report for April 2013. ADOPTION FEES/FINES $1,525.00 CONTRIBUTIONS __0.00 TOTALS $1,525.00 REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the regular monthly report for April 2013. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 22 Building Inspections 30 Business Licenses 10 Electrical 35 Plumbing 24 HVACR 16 ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: a. PUBLIC HEARING ORDINANCE 1486 (#17-2013) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTIES AT THE LOCATIONS 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 7:02 p.m. Code Enforcement Officer Charley Jenkins offered a PowerPoint presentation of six properties addressed as 412 Braden, 10 Park Drive, 208 Laurel, 207 Dupree, 210 East Valentine, 300 South Oak. He offered documented evidence of his efforts to contact the owners of each 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2013 7:00 P.M. – 8:28 P.M. property as well as any mortgage holders. He then reviewed the specific circumstances and photographs that have lead to each property being proposed for condemnation. He reviewed the circumstances involving 412 Braden, explaining that the roof was partially collapsed. He further explained that through his contact with the owner Mrs. Sensing and her son he learned they were involved with their insurance company regarding the rehab of the property. He then reviewed a PowerPoint presentation, noting that in 2012 the property underwent a radical black mold eradication performed on the house. He noted deficiencies throughout the house. He reviewed the specifics regarding 10 Park Drive, explaining that the home had a fire in September 2012 that was largely confined to the garage area. He related that in February 2013 he spoke with Ms. Oberle from Twin City Properties, who informed him of their plans to rehab the home but was having difficulties with the insurance company. He stated that after a long period of no contact he is proposing condemnation. He presented a PowerPoint presentation detailing the extensive damage throughout the house. He then related that following notice of public hearing to the owner he was told that they are still having difficulties with the insurance company and would need more time. He stated that he informed Mr. Banks and Ms. Oberle that because of the dangerous condition of the home he was not able to grant additional time. He presented the property of 208 Laurel for condemnation, explaining that he first became aware of the property in March 2013. He noted extensive structural damage including a large hole in the outside wall allowing vandals access to the inside of the house. He stated that he sent notice of public nuisance to the owner and learned that the house was in foreclosure, adding that he then sent a public notice to law firm handling the foreclosure as well as Deutsche Bank National Trust, the original mortgage holder. He then explained that Bank of Ocwen is the current mortgage holder, adding that they were interested in bringing the property into compliance. He outlined the extensive damage, including that the entire house slopes downward from the south end to the north end severely. He then noted that after communication with the interested parties their plan is to demolish the home themselves. He presented the commercial property of 207 Dupree. He explained that there are two structures on the same parcel, noting that they have separate addresses. He related that 207 Dupree is the old N&N Snack Bar. He outlined the damage to the exterior of the property, adding that a letter of public nuisance was sent to the owner of record, Metropolitan National Bank. He added that he met with Ms. Anita Merle, the property management representative for Metropolitan Bank, who allowed him access to both buildings. He reviewed a list of dangerous deficiencies and then explained that the Bank has stated interest in demolishing the buildings themselves. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2013 7:00 P.M. – 8:28 P.M. He stated that the next property, 210 East Valentine was cited for public nuisance on March 7, 2013. He related that having received no response he proceeded with the condemnation process. He then related that he learned that the property is $4,093.75 in arrears regarding back taxes. He added that the last time this house had running water was in 2004. He presented the City Council with photographs of the inspection of the inside of the home. He presented 300 South Oak and photographs noting deficiencies. He stated that he spoke with the owner and conducted an interior inspection, which revealed further deficiencies and safety hazards. He related that the owner is aware of the public hearing th but had expressed that May 16 would not be good for him. In response to a question from Alderman Traylor, Code Enforcement Officer Jenkins stated that all mortgage companies were notified regarding these condemnations. Mayor Fletcher offered the floor for anyone wishing to address the property of 412 Braden. Mr. Charles Sensing explained that the property belongs to his mother who had been ill for nine years. He stated that recently a tree fell onto the house and he has been having difficulty with the insurance company. He elaborated, saying that the insurance company has written him a check that is not able to be cashed. He added that only recently did he get a good check from them. He stated that his mother was put on hospice at this time and only yesterday he had to bury her. He stated that he is requesting a small amount of time to tear down the garage and begin the rehab. In response to a question from Alderman Sansing, Mr. Sensing requested a total of four months to complete all repairs, also answered that he did not have a timeline because of the uncertainty of when he would get the next check from the insurance company. He stated that he would be willing to work with Code Enforcement to establish a timeline. Code Enforcement Officer Jenkins answered Alderman Bolden that the house did a have radical eradication of black mold done on the house. Alderman Bolden and Ray stressed that Mr. Sensing would have only 30 days to bring the house up to code. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2013 7:00 P.M. – 8:28 P.M. Alderman Traylor clarified with City Attorney Bamburg that the wording of the Ordinance allows 30 days to bring the property into code compliance or it is considered condemned and would not be brought back before the City Council for any further consideration. City Attorney Bamburg informed the City Council that they have the authority to modify that regulation for any of the properties. Further discussion ensued regarding the amount of repairs and the expected insurance money. Several of Mr. Sensing’s neighbors spoke on his behalf and offered their help to bring the house into compliance. Alderman Elliott suggested that Mr. Sensing obtain an estimate for the complete repairs before beginning any rehabilitation project. Mr. Sensing stated that his contractor, Harold Mills had told him that the house is fixable. He went on to say that even if he could not save the house he wants to keep the property, adding that ultimately he would like to rehab the house. Alderman Bolden explained to Mr. Sensing that he would have 30 days to formulate a plan and decide if the insurance money would be sufficient to rehab the house. He continued saying that Mr. Sensing could then return to the City Council in 30 days with his outline. Mayor Fletcher reiterated that all the properties would have 30 days to come into compliance. Discussion ensued regarding the contractor’s assessment of the scope of rehabilitation. Mayor Fletcher opened the floor regarding next property addressed as 10 Park Drive. Ms. Teresa Oberle, owner of Twin City Properties, explained that it took longer to work with the bank and insurance companies. She stated that the bids have been submitted to the bank and they have been assured that the check will be issued in seven to ten days. She explained that they do have a rehab plan that will be done in three phases. She submitted a copy of that plan to Code Enforcement Officer Jenkins. She requested permission to implement the plan, proposing that once they get the financing they could st pull permits after June 1. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2013 7:00 P.M. – 8:28 P.M. In response to a question from Mayor Fletcher, Ms. Oberle stated that the house would be brought up to code before the renovation is totally completed. She surmised that the project would be completely finished by August, adding that it would be up to code sometime in July. In response to a question from Mayor Fletcher, Ms. Oberle stated that the roof could probably be finished within the first or second week of the project. Alderman Ray reminded Ms. Oberle that they would have 30 days to represent to the City Council. Code Enforcement Officer Jenkins quickly reviewed the plan and related to City Council that he felt the plan would be sufficient. He noted that the damage is large confined to the garage where there was a fire. He then answered Alderman Bolden that if the safety risk is resolved by having the roof secured it could be removed from the condemnation list. Ms. Oberle stated that the roof could be completed within 30 days. Mayor Fletcher offered the floor for anyone wishing to address the property of 208 Laurel. Mr. Richard White representative for the bank stated that they plan to demolish the house rather than have it done by the City. Mayor Fletcher offered the floor for anyone wishing to address the property of 207 Dupree. Ms. Anita Merle of Metropolitan Nation Bank stated that they also would demolish the building located on that property. She added that it would be done within the next 30 days. Mayor Fletcher offered the floor for anyone wishing to address the property of 210 east Valentine. No one came forward to address 210 east Valentine. Mayor Fletcher offered the floor for anyone wishing to address the property of 300 South Oak. No one came forward to address 300 South Oak. Mayor Fletcher closed the public hearing at approximately 8:01 p.m. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2013 7:00 P.M. – 8:28 P.M. Alderman Ray moved, seconded by Alderman McCleary to place Ordinance 1486 on FIRST READING. Alderman Traylor moved, seconded by Alderman Bolden to amend Ordinance 1486 to remove the properties addressed as 412 Braden and 10 Park Drive. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman McCleary to place Ordinance 1486 on FIRST READING as amended. 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 Ordnance 1486 (#17-2013). Alderman Ray moved, seconded by Alderman McCleary to accept Ordinance 1486 on FIRST READING and suspend the rules and place Ordinance 1486 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 Ordnance 1486 (#17-2013). Alderman Ray moved, seconded by Alderman Robinson to further suspend the rules and place Ordinance 1486 on THIRD AND FINAL READING. Discussion ensued regarding having to start the process from the beginning if either of the removed property cannot get their renovation completed or demolish the property themselves. Other discussion ensued regarding having special instruction for the different properties being addressed. 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 Ordnance 1486 (#17- 2013). Alderman Ray moved, seconded by Alderman Robinson that Ordinance 1486 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Bolden that the EMERGENCY CLAUSE 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 1486 (#17-2013) APPROVED AND ADOTED THIS 16 DAY OF MAY, 2013 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2013 7:00 P.M. – 8:28 P.M. b. PUBLIC HEARING ORDINANCE 1487 (#18-2013) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES. With no one to address the properties of 17 Collins Street and 216 Gum Street, Mayor Fletcher opened and closed the public hearing at approximately 8:12 p.m. City Attorney Bamburg noted that this type Ordinance is generally done once in November, but explained that in review of that circumstance the properties that have had demolition or where substantial amounts of funds have been expended it will be brought to the City Council as these actions necessitate. He stated that this would get the property placed on the tax rolls in the event there is any circumstance regarding the property being transferred. It will prevent the property being transferred without the lien being in place and protect the City’s investment in the property. Alderman Ray moved, seconded by Alderman McCleary to place Ordinance 1487 on FIRST 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 Ordnance 1487 (#18-2013). Alderman Ray moved, seconded by Alderman Bolden to accept Ordinance 1487 on FIRST READING and suspend the rules and place Ordinance 1487 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 Ordnance 1487 (#18-2013). Alderman Ray moved, seconded by Alderman Bolden to further suspend the rules and place Ordinance 1487 on THIRD AND FINAL 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 Ordnance 1487 (#18- 2013). Alderman Bolden moved, seconded by Alderman Sansing that Ordinance 1487 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 1487 (#18-2013) APPROVED AND ADOTED THIS 16 DAY OF MAY, 2013 STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2013 7:00 P.M. – 8:28 P.M. PLANNING COMMISSION: GENERAL: Mayor Fletcher introduced Kevin House as the new Parks and Recreation Director. Parks and Recreation Director Kevin House shared his long-term goals for the Department with the City Council, mentioning the development of a Miracle League field and playground for special need children. He continued saying that he would also like to explore the possibility of a new sports field facility, noting that Cabot and Bryant are building new facilities and he would want to see Jacksonville continue to be the trend setter. He stated that he will be looking at adding programs that bring quality of life for all the citizens of Jacksonville including fine arts and foreign languages, more fitness programs for youth and adults. He stated that he plans to increase grant research within the Department to find opportunities for these goals. Mayor Fletcher noted that tournament ball is a business and brings visitors to the community, which in turn means a lot to the A&P Commission. He also noted that one problem is the flooding in Dupree Park when it rains. Director of Administration Jim Durham express how fortunate Jacksonville is that Kevin has chosen to stay with the City when he had other employment opportunities, noting that Kevin House saved Jacksonville $250,000 to $300,000 on the pool repairs. APPOINTMENT(S): WATER COMMISSION Alderman Bolden moved, seconded by Alderman Ray to approve the appointment of John “Dan” Davis to the Water Commission to fill the unexpired term of Jack Danielson to expire 4/20/2014. MOTION CARRIED. A&P COMMISSION Alderman Ray moved, seconded by Alderman Bolden to approve the reappointment of Ray Patel for a term to expire 3/21/2017 and the appointment of Dee Lawrence for a term to expire 3/21/2017. MOTION CARRIED. ANNOUNCEMENT(S): Mr. Emerson Smith, owner of Tall Pines RV Park, expressed his frustration regarding Comcast not having a local office in Jacksonville. He stated that this has impacted his business, pointing out that he has a bumper account with Comcast that costs him almost $1,000.00 monthly. He related the frustration of his customers having to go to North Little Rock to get a connection box before being able to be connected onto the cable offered in his RV Park. He noted that he has explored several avenues to address this issue with no response, including trying to speak with Mr. Mike Wilson. He stated that he feels this is a serious matter that the City Council needs to look at. He then explained that while you can pay your bill locally at Chambers Drugs they 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2013 7:00 P.M. – 8:28 P.M. charge a $2.00 fee for that service and it takes five days for the payment to be posted to the account, which makes it more susceptible to having a late fee charged. He stated that this is unfair especially to lower income people. He stated that in comparison Entergy post on the same day with no fee charge and CenterPointe post on the same day but the do have a $1.00 service charge. He asked the City Council to investigate the service that Jacksonville citizens are receiving from Comcast. Alderman Howard noted that the last time Mike Wilson was before the City Council, he was asked about reopening a local store in Jacksonville and he was firm that it would not happen. Mr. Smith stated that he is sure the decision to close the Jacksonville store was done on a cost basis and not a service basis, which is indicative of Comcast. He stated that he is hoping that the City Council can see the problem and are interested in protecting and serving the citizens of Jacksonville. Mayor Fletcher stated that he would personally call Mike Wilson, explaining that it is not just a Comcast problem but a corporation problem. He stated that all corporations are looking for ways to save money. He added that he has spoken with other mayors from around the Country and they have the same issues. He stated that he does feel there could be better ways for Comcast to service the citizens of Jacksonville. He stated that he might be able to have Mr. Wilson come and address the issue at Council. Police Chief Sipes announced that the Police Department would hold its Award Ceremony at the new Police Department on May 21 at 2:00 p.m., adding that the open house would also be held at the new Police th Department on June 6 @ 5:30 p.m. Mayor Fletcher noted that the second City Council meeting in June falls in the week of Arkansas Municipal League in Hot Springs, suggesting that the City Council meeting be rescheduled from June 20 to June 18. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 8:28 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 10