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95 DEC 21.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 21, 1995 7:00 P.M. - 8:00 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on December 21, 1995 at the regular meeting place of the Council. Alderman Fletcher delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty answered ROLL CALL. Present, ten (10). Absent (0). Mayor Swaim also answered ROLL CALL, declared a quorum, and expressed appreciation for those in attendance. Others present for the meeting were: City Engineer Duane Reel, Deputy City Clerk Susan Davitt, City Attorney Robert E. Bamburg, Mayoral Aide Michael Beeman, Fire Chief Rick Ezell, Tony Ply Community Development Director, Public Works Director Murice Green, Finance Director Paul Mushrush, Economic Development Director Phil Sullivan, Parks and Recreation Director Zack Rowan, Fireman Rowark, Fireman Vanderhoof, Fireman Crook, Water Department Superintendant Ken Anderson, Mrs. Judy Swaim and Mrs. Edith Smith, other City employees, interested citizens and members of the press. DEVIATION IN AGENDA: CDBG Public Hearing Mayor Swaim opened the public hearing at approximately 7:03 p.m. CDBG Director Tony Ply gave the following data as the proposed projects for the CDBG funding for 1996. Administration $ 71,800.00 Ray Road Construction Phase III $ 100,000.00 Peach Street Sidewalks $ 35,000.00 Drainage-Graham Rd. to Cherry Ct. $ 35,000.00 Leemac Drive Phase II $ 100,000.00 Fire Dept. Demonstration Project $ 17,200.00 Totals $ 359,000.00 Chief Ezell addressed the proposed Fire Department Demonstration Project. He explained that the purchase is for a Fire Safety House which will serve as a test classroom to teach children about fire prevention and fire safety. He noted that the fire safety house will be an educational tool used to enhance the "Learn Not To Burn" Program currently being used in 10 out of 16 day cares and two elementary schools in Jacksonville. He stated that the best opportunity for the children to learn is in a test simulation, which can be provided with the Fire Safety House 1 adding that it can CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 21, 1995 7:00 P.M. - 8:00 P.M. also be used to educate the elderly who are the other high risk group. He stated that Arkansas ranks fourth in the Nation in fire related deaths and injuries. He further stated that 70% of all the fire deaths and injuries occur in the home with pre-school children and elderly being two times at risk to die in a fire. Captain Ralph Roark of the Fire Department addressed the utilization plan proposed for the Fire Safety House, mentioning that it would be used in a community wide effort at places such as the community center, elementary schools, day cares, pre-schools, and for the elderly. He stated that the unit is mobile and can be set up in the different areas. In response to a question posed by Mayor Swaim, Captain Roark related that the unit has a control unit with a kitchen, living room, and bedroom. He explained that the smoke is non-toxic and can be controlled during demonstration. He further explained that the children will experience how to escape an actual fire situation in the safety house. He related that the unit has a condensed 911 system which will teach the children how to use the 911 system. He related other elements of the unit that would simulate a fire situation. He explained the mobility of the unit adding that with heat and air the unit will be available, during any weather conditions, for other classroom activity such as EMS, tornado awareness, and healthcare for the elderly. Chief Ezell further explained the rescue benefits of teaching children the 911 system and how to communicate healthcare needs to EMS operators. CDBG Director Tony Ply related that the cost of the unit is approximately $ 31,741.00, adding that the Block Grant Program would actually fund a little more than half with the rest coming from private donations, and the Fire Department equipment and fire prevention budget. He said that planning for the budget began four years ago adding that Henry Estate is near completion with the exception of a few sidewalks. In response to a question posed by Alderman Ray, Mr. Ply related that there is one more phase left of the water line reconstruction in Sunnyside. He stated however that the project would not be fully completed in 1996. Mayor Swaim offered that Mrs. Pruitt may at this time choose to 2 present her item of business during the public hearing, since it CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 21, 1995 7:00 P.M. - 8:00 P.M. also deals with funding from the Block Grant Program. He offered her the opportunity to officially be heard as a matter of record for the public hearing. Ms. Glenda Casey Pruitt announced that she is the president of "The New Town Citizens United". She stated that she would like to request an activity center; "New Town Neighborhood Based Youth Center". She related that the center would work for Sunnyside and New Town. She stated that both areas are located in the Henry Estates Addition, which is the oldest addition in town. She related that there has not been a building in the area for sixteen years. She stated that it is the highest "at risk" neighborhood for youth and teenagers with an 80% burglar rate and theft of property. She stated that there is a 60 to 80% drop out rate for high school students. She stated that it is her understanding that CDBG money is for low income neighborhoods and that hers is a low income neighborhood. She stated that she has been told that block grant money is given to friends of the City. She then stated that there is no after school activity centers for teenagers and youths in her area. She related that the State Prosecuting Attorney's office put an article in the Jacksonville paper two years ago that said, "Do something for our children before they go berserk" adding that every summer the teenagers go berserk. She asked for a building adding that if one could not be provided she would like to see the area declared unsafe for children, youth, elderly and retired military personnel. She said that the Juvenile Detention Center told her that they need a community based center to work with the schools in the areas. She requested a reply in writing. She pointed out that her complaint has been sent to the following agencies: Acorn Fair Housing, The America Civil Liberties Union, Mr. Bill Parsley and the Community Planning and Development Department, U.S. Attorney Paula Casey, Patricia Young Attorney at Law, Pulaski County Public Defenders Office, and the Pulaski County Court in the State of Arkansas. She concluded by requesting that the City cease discrimination of the area. Mayor Swaim thanked Ms. Pruitt for addressing Council and questioned Mr. Tony Ply, CDBG Director, regarding how much of the $ 359,000.00 is being spent this year in that community. Mr. Ply responded by saying that all of the monies except administration costs and proposed funding for the Fire Safety House is being spent in that area. He stated that he has received a copy of the complaint from Ms. Pruitt. He said that he is not here to defend CDBG adding that nothing wrong has been done. He 3 stated that he has responded to the complaint already. He said that he thought the point to be is as explained before; all projects are CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 21, 1995 7:00 P.M. - 8:00 P.M. planned one and one-half to two years in advance. He related that he first became aware of the situation at the first CDBG public held during the month of September 1995. He related that it takes more time, that while the projects are not written in stone, a plan must be approved, rejected or amended during this City Council meeting with regard to the 1996 projects. He stated that in order to do this project and do it properly, he would need more information regarding size of the building, projected costs, and funding after it is built. He stated that CDBG was responsible for building the Elderly Activities Center in Sunnyside adding that it had to be planned out. He stated that part of the planning would include project cost from the City Engineer, an idea of the length of the project and it may include door to door surveys. He stated that he would be glad to work with Ms. Pruitt but that it is hard to expect the project to be placed on the agenda tonight for the 1996 budget adding that it is not feasible or practical. He reiterated that he would be glad to work with Ms. Pruitt on getting something built. Mayor Swaim asked for clarification regarding a round figure of three million dollars already spent in those neighborhoods? Mr. Ply responded by saying that in the first three years of the Small Cities Program, 1.5 million dollars was specifically targeted to half of Sunnyside and the Cherry, Laurel, and Oak additions. He stated that a target area restriction from HUD prevented the monies from being spent outside of Sunnyside Addition. He also stated that since that time 37% of budget has been spent in public works projects. Alderman Ray stated that the complaint has been accepted and that it can be worked out at a later time. Mr. Tom Cory, a member of the Board from the Jacksonville Boys and Girls Club, stated that presently there are 535 members adding that the club can easily handle 1,000 members. He pointed out that if another venture is undertaken, it may dilute the efforts being established at present by the Jacksonville Boys and Girls Club. He related that funds for the Club are derived from North Little Rock, who derives most of its funds from United Funds. He stated that if participation is lost and membership drops, they will not be funded and the future of the Boys and Girls Club could be severely impacted. He stated that the Board feels like it is fulfilling a function in the community and would like to continue 4 to do so. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 21, 1995 7:00 P.M. - 8:00 P.M. In response to a question posed by Mayor Swaim, Mr. Cory related that an expansion of the Jacksonville Boys and Girls Club was made possible with help from the CDBG program which provided for a new gym and library. Alderman Lewis questioned if Ms. Pruitt could be provided space at the club for a class. Mr. Cory assured Alderman Lewis that all volunteerism is welcomed and encouraged. Discussion ensued as to the different volunteer educational classes and the tutoring program that have been available at the club. It was disclosed by Mr. Cory that some of the programs are no longer offered due to the lack of participation of students. He reiterated that the club can handle more memberships. Mr. R. Casey addressed the Council pointing out the following: that the rooms at the Boys Club are too little, that the gym isn't big enough. After comments by Mr. Casey regarding the size of the room used for tutoring, Alderman Ray questioned the concept of how much room is necessary for tutoring. Mr. Casey went on to complain that Johnson Park was not properly maintained and that air conditioning at the Boys Club is inadequate. Alderman Ray related that as President with the Boys Club he is familiar with tutoring and athletic programs, which he compared to any in the State of Arkansas. Lillie Mae Casey addressed Council stating that she felt Mr. Casey is asking for a community based center for his age and younger in that area citing that the area has never received anything from the Block Grant Program. She asked the Council to consider efforts being made by Ms. Pruitt to help the youth in that area. Alderman Smith related that the present Community Center and Boys Club was built for everyone adding that there are seven or eight parks in the City for everyone. He questioned the ability of the City to build a community center in every area of town. Mayor Swaim asked Parks and Recreation Director Zack Rowan to address the question of parks and equipment. Mr. Rowan gave a breakdown regarding playground equipment in that community. He 5 said that there is no playground equipment at Paradise Park adding that there is playground equipment at Pleasure, Fireman's, Galloway, Johnson, and Stagecoach Park. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 21, 1995 7:00 P.M. - 8:00 P.M. It was pointed out by Mayor Swaim that twenty thousand dollars was donated by private citizens toward playground equipment in Dupree Park. He invited the public to go by and view the parks. He stated that there are some areas that are more than three miles from any park or recreation furnished by the City. He pointed out that Max Howell Place, composed of over 100 units and a low income subsidized housing project, is contained in one of those areas pointing out the racial balance with regard to occupancy. Alderman Fletcher remarked that he was unaware of any playground located in his area around Willow Bend apartments. He observed that the area in question has playgrounds within walking distance. Alderman Knight related that her understanding of the proposed CDBG projects for 1996 is a continuation of on-going projects in various phases dealing with infrastructure which must be considered toward the quality of living in the low income area, adding that she is taken back by the comment that no money is being applied in that area. Larry Colvert, Unit Director of the Jacksonville Boys and Girls Club, stated that the Boys and Girls Club is located approximately six blocks from the area targeted by Ms. Pruitt. He then stated that the Club has thirty-two basketball teams, tutoring programs in the afternoon and will soon be offering a drug program as well as a program for kids in trouble with the law. He offered for Ms. Pruitt to work with the Boys and Girls Club. He stated that the fee to join is five dollars a year, adding that in the past if a kid could not pay he is offered a chance to work for his membership and that free memberships have been sponsored by First Jacksonville Bank. He related that when School is out the Club is open from 9:00 a.m. till 5:00 p.m. Monday through Friday. He stated that the Club has a County food program which offers breakfast and dinner. He reiterated that Ms. Pruitt needs to come and work with the Club. Alderman Lewis questioned Mr. Ply as to the amount of planning required to get Ms. Pruitt's request on the CDBG project agenda at a later time. CDBG Director Tony Ply related that first she would need to show that her organization is non-profit and has financial backing to operate the building, much the same as was accomplished with the Elderly Activities Center who is backed by the United Way, AARP, 6 and other donors. He stated that CDBG cannot construct buildings for individuals, going on further to mention that the amount of time will depend on Ms. Pruitt being able to get a non-profit organization going with financial backing. He related that she CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 21, 1995 7:00 P.M. - 8:00 P.M. will need to find a location and if it has houses they will need to be removed, questioning the purchase or donation of the land proposed as a building site. He stated that these questions will need to be determined before CDBG can start planning the project. Following a statement regarding procedure from Alderman Lewis, CDBG Director Ply reiterated that a project like this would require it being a non-profit organization and provide concrete proof of financial backing. He stated that he will need information to plan and project costs. He stated that the cost of the project will determine how many phases needed to accomplish construction over a period of time, citing the Ray Road Project as an example of project phasing. Alderman Knight related that she remembered that years of planning which was involved with the building of the Elderly Activity Center and that when the time came to get the project underway, the public voted a tax increase in order to accomplish the project. She further related that while HUD, different state and federal agencies share responsibility, the major portion of the funding came from the taxpayer who voted for a temporary tax increase. CDBG Director Ply related that the Elderly Activity Center was not completely CDBG funded. He related that even with the bond issue the project had to be down scaled because of land purchases and other unexpected factors. Mayor Swaim concluded by questioned the future of the existing Community Center if a new center is built. He related that he has spoken with Mr. Jim Weatherton from the North Little Rock Boys Club who funds the Jacksonville Boys and Girls Club adding that he has expressed that he would be glad to meet and talk about implementing programs that may be needed in that area. Mayor Swaim thanked everyone for their participation and closed the public hearing at approximately 7:49 p.m. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of December 7, 1995 for study and action at the next 7 Regular City Council Meeting. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 21, 1995 7:00 P.M. - 8:00 P.M. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Wilson that the minutes of the Regular City Council Meeting of November 16, 1995 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Fire Department Regular Monthly Report/November Alderman Ray moved, seconded by Alderman Sansing that the Regular Monthly Report for November, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $66,100.00 for the month of November, 1995.) ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. Police Department Regular Monthly Report/November Alderman Ray moved, seconded by Alderman Sansing that the Regular Monthly Report for November of the Jacksonville Police Department be APPROVED. Said report reflects: Computer Collections, $68,678.96, Miscellaneous Payments $1,239.25, Report Copies $318.00 for a total Collections of $70,236.21. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. CDBG Regular Monthly Report/November Alderman Ray moved, seconded by Alderman Sansing that the Regular Monthly Report for November, of the Community Development Department be approved. Said report reflects: 1. Informal Meetings ..................................... 3 2. HUD Meetings........................................... 0 3. Public Hearings ....................................... 0 4. HUD Monitoring Visits ................................. 0 5. Rehab: a. Letters to prospective applicants .................. 0 b. Applications received .............................. 0 c. Bids Advertised .................................... 1 d. Work write-ups & estimates ......................... 2 e. Pre-constructions conferences ...................... 1 f. Appraisals & Environmental reviews ................. 1 g. Interim Inspections ................................ 87 h. Final Inspections .................................. 1 8 i. Emergency Inspections .............................. 0 j. Partial payments ................................... 1 k. Project Closeout ................................... 1 l. Warranty Repairs ................................... 0 m. Contracts signed ................................... 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 21, 1995 7:00 P.M. - 8:00 P.M. Public Works: a. Bids Received ...................................... 0 b. Interim Inspections ................................ 6 c. Project Close-out .................................. 0 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: ORDINANCE 1051 (#15-95) AN ORDINANCE ADOPTING A BUDGET FOR 1996; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENT OF CITY GOVERNMENT, FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES \[COVERS: GENERAL FUND OPERATION, STREET DEPARTMENT, SANITATION FUND, AND PARKS.\] Mayor Swaim related that the first reading of the ordinance was passed at the previous City Council meeting. Alderman Knight moved, seconded by Alderman Smith to place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. 9 Alderman Knight moved, seconded by Alderman Wilson that the Ordinance be accepted on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 21, 1995 7:00 P.M. - 8:00 P.M. Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton, and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Sansing moved, seconded by Alderman Knight, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Lewis moved, seconded by Alderman Ray, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0) Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1051 THIS THE 21ST DAY OF DECEMBER 1995. APPOINTMENTS: PLANNING COMMISSION Mayor Swaim related that terms for three Planning Commissioners expired and only two were eligible for re-appointment. Alderman Wilson moved, seconded by Alderman Ray to approve the re- appointments of Rudy Reid and Connie Foster to the Planning Commission for a three year term to expire 01/01/1999. MOTION CARRIED. Mayor Swaim commended the job of Commissioner Lester Piggee who served two terms with the Planning Commission but was not eligible for re-appointment. He suggested future service for Mr. Piggee. ANNOUNCEMENTS: City Hall will be closed December 22nd and the 25th for Christmas Holidays. DEVIATION IN AGENDA: 10 Mayor Swaim related that the recommended Community Development Block Grant budget would need the City Council approval to be funded. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 21, 1995 7:00 P.M. - 8:00 P.M. Alderman Knight moved, seconded by Alderman Smith to approve the proposal for the 1996 fiscal year Community Development Block Grant budget. MOTION CARRIED. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:00 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 11