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13 OCT 03 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2013 7:00 P.M. – 7:55 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 October 3, 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, Traylor, Twitty, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Others present for the meeting were: City Attorney Robert Bamburg, IT Director Barbara McDaniel, Finance Director Cheryl Erkel, Public Works Director Jim Oakley, Police Chief Gary Sipes, CDBG Director Theresa Watson, Fire Chief Alan Laughy, 911 Communications Director Tabby Hughes, Code Enforcement Officer Charley Jenkins, Water Department Field Manager Sal Pappalardo, Johnny Simpson, Glenda Fletcher, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of September 19, 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 15 August 2013 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Elliott moved, seconded by Alderman Bolden to approve the regular monthly report for September 2013. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 13 Building Inspections 29 Business Licenses 5 Electrical 41 Plumbing 27 HVACR 19 ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: PUBLIC HEARING a. ORDINANCE 1499 (#30-2013) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, FOR BALANCES DUE FORM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2013 7:00 P.M. – 7:55 P.M. Mayor Fletcher opened the public hearing at approximately 7:02 p.m. Mayor Fletcher announced that the properties being proposed for liens are 104 Faulkner, 1412 S. Hwy. 161, 116 Pulaski, and 300 North Elm. With no one to address the aforementioned properties, Mayor Fletcher closed the public hearing at approximately 7:02 p.m. Alderman Ray moved, seconded by Alderman Elliott that Ordinance 1499 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1499. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1499 on FIRST READING and suspend the rules and place Ordinance 1499 on SECOND READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1499. Alderman Ray moved, seconded by Alderman Twitty to APPROVE Ordinance 1499 on SECOND READING and to further suspend the rules and place Ordinance 1499 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1499. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1499 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. rd ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1499 THIS 3 DAY OF OCTOBER 2013. b. UPDATE regarding condemnations Code Enforcement Officer Charley Jenkins related that up to the present time there have been nine condemnations for 2013 condemned by the City Council. He related that of those nine structures all have been demolished. He noted the addressed as 419 Church, 186 Pike Circle, 104 Faulkner, 140 Roosevelt Road, 1412 S. Hwy. 161, 116 Pulaski, 10016 Shannon Drive, 2010 East Valentine, and 300 South Oak. He stated that Code Enforcement has collected $10,668.29 from three of the demolitions. He related that in addition there were eight demolitions that were condemned in 2012 listed as 17 Collins, 216 Gum, 111 North James, 170 Pike, 1018 Ray Road, 114 Roosevelt Circle, 200 North Elm and 606 Marion. He then related that there were five City owned properties that were demolished for a total of 22 demolitions year-to-date in 2013. He then 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2013 7:00 P.M. – 7:55 P.M. related that 412 Braden and 208 Laurel have had no change or improvements. He stated that 10 Park Drive and 1610 McArthur are active rehabs. Mayor Fletcher clarified that the demolitions that occurred on City owned property were properties that were donated by the owners when the structures were condemned. He stated that once the owners transferred the properties it was the City’s responsibility to demolish the structures. Code Enforcement Officer Jenkins concurred, saying that in lieu of going through the condemnation process the owners transferred those properties. In response to a question from Alderman Twitty, Code Enforcement Officer Jenkins related that the owner of 412 Braden has not been in contact with Code Enforcement. He then noted that there have been six completed rehabs this year and there are five active rehabs currently for a total of eleven properties. He stated that they do try to work with owners to allow them to bring their properties up to Code. Mayor Fletcher stated that while no one wants to see people have their properties torn down, at the same time, the property owner owes it to their neighborhood, themselves, and the city to keep their property from being condemned. Code Enforcement Officer Jenkins stated that the properties that have not made any progress will have to go be given another public hearing opportunity to be heard. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. RESOLUTION 705 (#14-2013) A RESOLUTION IN SUPPORT OF AND AUTHORIZING EXECUTION OF A QUITCLAIM DEED FROM THE CITY OF JACKSONVILLE FOR CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL DESCRIPTION: 1000 – 1400 GOVERNOR WELL ROAD, JACKSONVILLE, ARKANSAS); AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Bolden to read Resolution 705. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 705 (#14-2013). Alderman Ray moved, seconded by Alderman Bolden to approve Resolution 705 (#14-2013) in its entirety. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2013 7:00 P.M. – 7:55 P.M. City Attorney Bamburg explained that in the midst of a foreclosure action one of the property owners completed a deed and filed it of record transferring the property to the City. He noted that firstly the deed was not executed properly and secondly since it was in the middle of a foreclosure it is illegal to transfer property. He explained that once the bank learned that there was a “cloud on their title”, they contacted his office asking to have the circumstance researched. He stated that the City was unaware that a transfer had been filed of record. He related that instead of the bank filing an action to get the titled cleared, which would include naming the City of Jacksonville as one of the defendants. This is the proper step for the City to take and it keeps the bank from having to file a lawsuit against the previous property owner. He stated that the City is not a party to this situation and this would be the simplest way to fix the problem. At this time, MOTION CARRIED. b. Request to accept bid for placement of gravel at shooting range Public Works Director Jim Oakley explained that the request is to hire a contractor to compact the gravel regarding the 10 acre parking lot as well as a 5,000 foot drive-around the facility. He stated that it is approximately 454,000 square yards of gravel area. He related it will require special equipment in order to get the gravel compacted to the proper compaction. He stated that the low bid is $38,250.00 from Frank Gardner Construction. He added that the low bidder has been used on City projects in the past with satisfaction. He then answered that the funds would be drawn from budgeted Capital Improvement Funds. Alderman Ray moved, seconded by Alderman Bolden to accept the low bid from Frank Gardner Construction in the amount of $38,250.00. MOTION CARRIED. Mayor Fletcher stated that the shooting range is making good progress and should be completed in the next few weeks. c. DISCUSSION Annexation of East Valentine Alderman Ray related that East Valentine Road is east of the City limits, explaining that he lives on Valentine Road and this area is just down the road from where he lives. He stated that there are approximately 100 families, pointing out they have all their utilities from Jacksonville. He then pointed out that there are proper fire hydrants in the area and previously they had an outside the City fire protection agreement with Jacksonville. He went on to say that they were certain that they would be annexed so they let the fire protection contract lapse. He stated that these families shop in Jacksonville and spend their money in Jacksonville, adding that they are asking Jacksonville to consider them for annexation. He stated that as far as providing services, the area 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2013 7:00 P.M. – 7:55 P.M. has a Community Action Council meeting monthly and the County Sheriff provides a crime statics report including speeding and the area is down to 0.0. He stated that the speeders are the only thing the Sheriff has to report on and the community bought the radar gun that he uses. He related that this community had commitment 20 plus years ago to join the City of Jacksonville but it has never been completed. He stated that they are requesting to start that process. He noted that the legislature changed the 5 mile jurisdictional limit to 1 mile. He cautioned that North Little Rock has already annexed to Galloway and he believes North Little Rock will make a bid to annex them. He stated that East Valentine Road has farm land and wide-open spaces, adding that wide-open spaces are a good place to develop. He stated that the Wastewater Utility stood in line for a $50,000.00 loan for this community and they are beginning to repay the loan. He stated that this presents a difficulty because the outside the City rates along with the loan repayment will make their sewer bills extremely high. He stated that this community is asking for the City of Jacksonville to consider annexation in the future. Alderman Ray answered that the community has already signed a voluntary annexation petition, which is on file in the City Engineer’s office. City Attorney Bamburg explained the process for a voluntary annexation, noting that those steps have not begun yet. Alderman Bolden supported starting the process. Mayor Fletcher cautioned that annexation at this time is not feasible for the City of Jacksonville. He explained that the City already has to deal with a million dollar deficit. He stated that currently it would be impossible for the City to provide services to this area. He noted that the cost to provide garbage service as well as police and fire protection is cost prohibitive at this time. He explained that the budget is being amended tonight for the second time, saying that it is not feasible to use anymore funds from the reserves to meet shortfalls. He went on to say that there is probably going to have to be a 5% decrease in departmental budgets in order to maintain services. He stated that employees will have to maintain the same level of service on less. He related that several department heads had already evaluated the cost for taking this property into the City, explaining that drainage will be a huge issue for this area as well as street repair and maintenance. Police Chief Gary Sipes answered Mayor Fletcher that if this area is annexed the Police Department will need to hire an additional four police officers to take care of the additional zone. Mayor Fletcher confirmed that a new zone would have to be created because the current zones are stretched to their limits. He stated that when people are annexed and pay taxes to the City, they desire the full City services. He went on to say that he does not know how the annexation can 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2013 7:00 P.M. – 7:55 P.M. happen in 2014 because of budget constraints. He then added that after that this may have to be done in increments and work through getting the residents up to Code. He stated that the community has serious Code issues that cannot be ignored, so they will have to abide by the same rules. He then pointed out that there are also issues with residents that have pit bulls. He stated that it is not his intention to not bring the community into the City but it will require a strategic plan in order to provide them proper City services. He reiterated that he did not feel it could happen in 2014. He noted that Jacksonville is not the only city that is experiencing hardships, saying that other cities are having to dig into their reserves. He related that he has talked with several surrounding city leaders who are having more financial difficulties than Jacksonville. He stated that Internet sales hurt cities. He related that nationally it is a hard time. He stated that the City does not have the Capital reserves it has had in the past, noting that former Finance Director Mushrush did a presentation before the City Council called the second penny, which was collect for Capital reserves but not we have had to go into that fund to meet shortfalls. He stated that as a city we have a choice to either raise taxes, cut services, or expand the tax base. He stressed that the City needs to expand its tax base. He added that the wet/dry issue is very important to the City, pointing out the need to level the playing field. He noted that the City of Jacksonville has lost two major restaurants. He reiterated that he is not against the annexation but the timing. In response to a question from Alderman Howard, Mayor Fletcher stated that the proposed annexation of Hwy. 161 and Military Road is predominately commercial. He stated that there is a Dollar Store in that area that would bring sales tax revenue into the City. He noted a building going into the Murrell Taylor Elementary School that needs to be demolished, saying that it is an eye-sore to the front door of one of Jacksonville’s elementary schools. He stated that we need to address revenues as well as expenditures. Alderman Sansing noted that while population was lost from the Little Rock Air Force Base this annexation could make up for some of that lost. He reiterated that this annexation has 100 families. He stated that the City could provide services as it is able to do so, adding that these people in this community want to be added to the City of Jacksonville. He stated that the annexation has to begin someplace, acknowledging that it will cost in the beginning. Mayor Fletcher stated that once annexation they have a right to full City services. He reiterated that the 2014 budget is going to be very difficult to do just continue to take care of what we already have. He noted that with the addition of families it would still require a special census to get those numbers to count and a special census is very expensive. He stated that the City needs to plan for a special census following a year or so of having its own school district. He stated that 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2013 7:00 P.M. – 7:55 P.M. the addition of these families would not compensate for the current loss that has to be addressed, plus the City would have to take on additional responsibilities. He stated that a city cannot pick and choose what services that they will give. He related that it only takes one resident to file a lawsuit for un-provided services. He stated that everyone in the City gets the same service as anyone else located within the City limits. Alderman Ray stated that his first love is the City of Jacksonville, saying that he is just bringing this in for consideration. He added that he is aware that the law states that a city has five years to comply with whatever service comes with being annexed. He stated that he can see the trouble involved with taking Valentine Road and Southeastern and making a bypass going through that area. He stated that he sees the Jacksonville Police going through the area as much as he sees the County Sheriff driving through that area. He related that for over 20 years these residents had the outside City fire protection and it presented no problems. He noted that currently they have mutual aid and they are only requesting that the City Council consider this annexation. Mayor Fletcher stated that mutual aid is not a consistent service. He added that City of Jacksonville provides that for all the surrounding areas. He stated that he does not feel that the City can take on more responsibilities in 2014 when the City is going to have difficulty meeting the current responsibilities. d. Request to accept RFQ regarding Website upgrade It Director Barbara McDaniel stated that as requested they went out for qualification requests, noting that another vendor who submitted will actually provide a savings from the original vendor. She explained that the vendor is willing to take three incremental payments, noting that only $10,852.00 from this year’s budget. She explained that they will upgrade the website, provide management of the website and host it on their servers. She then answered that Civic Plus is the lowest bid that meets specifications. Alderman Traylor moved, seconded by Alderman Twitty to accept the low bid from Civic Plus in the amount of $24,496.00 with funds to be drawn from budgeted funds. MOTION CARRIED. e. Request to accept bid for Janitorial Services In response to a question from Alderman Ray, Finance Director Cheryl Erkel answered that currently the City is contracted with Southern Maid. She then explained that she included the Jacksonville Medical Clinic as a separate location, since they are under the umbrella of the City. She noted that the bids listed separately at the top of the page did not meet specifications. She noted that the lowest bid to meet specifications for 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2013 7:00 P.M. – 7:55 P.M. the various City offices was Sharp Cleaning Services for $1,625.00, adding that the low bid to meet specifications regarding the Jacksonville st Medical Clinic was 21 Century Janitorial for $3,209.60. She stated that the contract would begin in December and is an annual contract that can be renewed for up to five years. She then explained that some of the bids did not meet specifications regarding bond requirements. Alderman Ray moved, seconded by Alderman McCleary to accept the low bids from Sharp Cleaning Services in the amount of $1,625.00 for City st locations and 21 Century Janitorial in the amount of $3,209.60 for the Jacksonville Medical Clinic as recommended. MOTION CARRIED. f. ORDINANCE 1501 (#32-2013) AN ORDINANCE AMENDING THE 2013 FISCAL BUDGET AGAIN; MAKING MODIFIED APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT AND THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES; COVERNING GENERAL FUND OPERATIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Finance Director Cheryl Erkel explained that earlier in April the budget th was amended when DEA Funds and 6 Judicial Forfeiture Funds were separate out of the General Fund and put into their own accounts. She then explained that following a recommendation from the City auditor, she is proposing to amend the budget to move loan payments from coming out of the Capital Improvement Fund to being setup to be paid from the General Fund revenues. She explained that she set up new accounts under the General Fund named Debt Service to address the repayment of these loans. She related that it covers the Capital Improvement project loan, the shooting range loan, and the Motorola 911 equipment. She added that since the budget was being amended she went back and reviewed the revenues for adjustments. She explained that there were some adjustments to the revenues as well as some department adjustments to balance the budget. Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1501 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1501. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1501 on FIRST READING and suspend the rules and place Ordinance 1501 on SECOND READING. In response to a question from Alderman Traylor, Finance Director Cheryl Erkel stated that the debt service for 2014 is 2.2 million. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2013 7:00 P.M. – 7:55 P.M. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1501. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1501 on SECOND READING and to further suspend the rules and place Ordinance 1501 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1501. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1501 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman McCleary that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1501 THIS 3rd DAY OF OCTOBER 2013. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Fletcher noted efforts through neighborhood watch, asking the Alderman to assess their wards and look potential leaders to head up neighborhood watches. Alderman Ray announced that the Valentine residents are having Valentine Road Day on Saturday beginning at 10:30 a.m.; he extended an invitation to everyone. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:55 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 9