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02 JUL 18.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 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 July 18, 2002 at the regular meeting place of the Council. Alderman Smith delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy Clerk Teresa Carter, Human Resource Director Charlie Brown, Director of Administration Murice Green, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Police Chief Ruthven, Planning Commission Chairman Art Brannen, Finance Director Paul Mushrush, Accountant Cheryl Erkel, Niki Wilmouth, CDBG Director Theresa Watson, Purchasing Agent C.J. Brown, Parks and Recreation Director George Biggs, Chamber of Commerce Director Bonita Rownd, Mr. Mac McAlister, Mr. Gerald Clark, Mr. Ben Rice, Mrs. Helen Stroud, Mrs. Lendy Lewis, Mrs. Addie Gibson, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of June 20, 2002 for approval and/or correction at the next Regularly Scheduled City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 6 June 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular Monthly Report for the month of June 2002. Said Report reflects: REVENUES: 49.50 CONTRIBUTIONS: 0.00 ADOPTION/FINES: 318.00 REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Lewis that the Regular Monthly Report for the month of June 2002 PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 15 Building Inspections 42 Business License 18 HVACR 25 Electrical 45 Plumbing 41 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 177 Notice of Noncompliance 21 Property Mowed 25 Vehicles Towed 2 Trash Letters 49 Trash Removal Cost for June $1,120.00 CONDEMNATIONS Structural Maint. Letters 7 Structural Repairs Made 1 Demolitions 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular Monthly Report for June from the Jacksonville Fire Department, which reflects a fire loss of $51,400.00, and a Savings Total of $872,400.00. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular Monthly Report for May and June 2002 from the Jacksonville Police Department be APPROVED. May report reflects; Total Value or Reported Stolen Property $46,229.00, Total Value of Recovered Stolen Property $52,938.00, and Total Report Sales $304.00. June report reflects; Total Value or Reported Stolen Property $61,831.00, Total Value of Recovered Stolen Property $23,418.00, and Total Report Sales $306.00. Alderman Stroud complimented the Police Report, pointing out that it offers the City Council an analysis. In response to a question posed by Alderman Stroud, Chief Ruthven related that the comparison data covers 2000 and 2001. He stated that he does not have a good feel for what caused the increases in aggravated assault or the large increase in motor vehicle thefts. He related that he senses that part of the reason ties back into the present economy. He related that even though aggravated assault had increased 4%, violent crime decreased compared to national averages, adding that he feels motor vehicle theft and other categories will show a positive trend for 2002 with the exception of burglary. He then answered that crime areas are being manually pinned on a map, but will be changed to an automated system with new software that will generate maps showing crime trends. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. He then answered that the lower income residential areas have a higher crime rate, adding that the business sector does not show a trend. He then explained that the chart being presented offers statistics regarding 2001 versus 2000 in categories of nationwide, the southern states, cities nationwide with a population of 25,000 to 40,000, and Jacksonville. He stated that the report offers a percentage change between those years and noted that summer months are more prevalent for juvenile crime. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Motion received (9) AYE. (0) NAY. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: Request to Accept Bid Ambulance Transfer Service Mayor Swaim related that the City operates an ALS Ambulance Service through the Fire Department and has over the years contracted a backup ambulance service to run transfer calls. He related that this specifically allows the City to keep its ambulance resources available at all times for the citizens of Jacksonville. He related that the two companies to bid, Arkansas Emergency Transport and MEMS are both good reliable companies. He said that a committee was formed to make a recommendation to the Council. Mr. Roger Haussmen of Arkansas Emergency Transport addressed the Council, saying that Arkansas Emergency Transport has been in Jacksonville for several years and have enjoyed the service and camaraderie of working with the City and is looking forward to continued service in the future. He related that all billings are generated from the Jacksonville office, adding that he is a resident of Jacksonville and enjoys working in the Community. He stated that he feels Arkansas Emergency Transport has performed an effective job and would like to continue long into the future. He then noted that Arkansas Emergency Transport has donated $370,000 in write-offs to the local economy since 1997, adding that the business enjoys being an active member of the Chamber of Commerce. He stated that they provide a paramedic level of service as stipulated and would like to continue doing so. Mayor Swaim pointed out that the contract/bid is not contingent on a specific dollar amount, but is derived from a service standpoint. Mr. John Swanson, MEMS Executive Director stated that MEMS is a public utility owned by the City of Little Rock, but is operated as a non-profit that is separate financially, and management wise from the City. He related that MEMS services North Little Rock, and the unincorporated areas of Pulaski County. He stated that they are responsible for 3 approximately 400,000 citizens in Central Arkansas. He related that they CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. surround the area of Jacksonville, adding that he is also a resident of Jacksonville. He related that as a non-profit organization MEMS has also been in the position to write-off over 4 million dollars last year. He said that the three points he would like to make about MEMS is that first they own 28 units and have 160 personnel, adding that they have the ability to provide whatever level of backup support required in Jacksonville should there be a major catastrophe. Secondly he mentioned the nature of management at MEMS, saying that as a public utility the City of Jacksonville would be afforded a position on the Board of Directors, so that the forward direction for MEMS is in the hands of the communities served. Thirdly, is the response time and the criteria, adding that it is their practice to station the emergency unit in the city. He related that the downtown fleet handles transfers involving nursing home patients to the hospitals, so as not to interfere with the availability of 911 support. He stated that should there be a need for additional units locally that could be made available given the drive time from downtown. Chief Vanderhoof related that both are outstanding ambulance services, adding that the committee formed of Dr. Nolan the EMS director, Mr. Bob Thornton the EMS coordinator and himself have listened to each companies presentation. He stated that given that the City has had a contract with Arkansas Emergency Transport for the last eight years and have experienced good service it is recommended that the City continue the contract with Arkansas Emergency Transport at this time. In response to a questions posed by Alderman Fletcher, Chief Vanderhoof responded that emergency ambulance runs averaged approximately 2000 last year. He then answered that the Fire Department has two staffed ambulances, and one back up ambulance with Arkansas Emergency Transport. Mr. Swanson then responded that Arkansas Emergency Transport has in Jacksonville two staffed 24-hour units with other units available if needed. He also related that there are 17 ambulances at the lot, adding that some of the services have been downsized by not renewing certain contracts. He pointed out that there are trained personnel to staff the units and in the past Arkansas Emergency Transport has responded in excess of fifteen vehicles to a major disaster. Discussion ensued regarding the City ambulance membership and its decline in membership over the past few years. He related that currently there are 200 members. It was noted that both companies agreed to honor the memberships. Alderman Ray moved, seconded by Alderman Howard to accept Arkansas Emergency Transport as the non-emergency transport ambulance service for the City of Jacksonville. MOTION CARRIED. 4 POLICE DEPARTMENT: a. Request to Accept Bid Multi-Channel DVD/Ram Rewritable CD CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. Chief Ruthven asked that the item be delayed until the next regularly scheduled City Council Meeting, giving him an opportunity to better address the item. He related that the Multi-Channel DVD/Ram Rewritable CD is the recording device for incoming calls to the Police Department. He explained that he was unaware the item was scheduled for the agenda. Alderman Fletcher moved, seconded by Alderman Stroud to table the request to accept bid until the next regularly scheduled City Council meeting. MOTION CARRIED. b. Request for Matching Grant Funds for Local Law Enforcement Block Grant Program Mayor Swaim related that the support data includes a list of mostly equipment items being proposed for purchase, adding that the City has been awarded a grant of $37,312.00 and that the request for matching funds is $3,731.00. He stated that some of the items were scheduled for the 2003 budget, adding that funds could be drawn from the Equipment fund. Alderman Stroud moved, seconded by Alderman Ray to approve the expenditure of $3,731.00 in matching funds for the $37,312.00 LLEBG grant. MOTION CARRIED. SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: Oak Ridge Ranch Subdivision Mayor Swaim related that the Planning Commission had requested that the item not be forwarded to the Council until all subdivision criteria is met. He stated that Chairman Brannen had specifically requested that subdivisions be completed before being considered for final approval. He related that City Engineer Whisker and the developer had been addressing issues to have the subdivision completed prior to being presented. City Engineer Whisker related that developer was unable to have electrical service to the sewer pump station because the two electric companies that will service the subdivision were unsure which would be the service company for the pump station. He related that after that issue was settled it would still take a few weeks to get power before the Wastewater Department could approve it. He related that when the developer went to the Planning Commission, it was explained to Mr. Smith that it was the Planning Commission wishes to have utilities on line for final plat presentation. He related that following the Planning Commission meeting the developer met with the Sewer Commission for their 5 approval and to his understanding the Sewer Commission adopted a different recommendation for approval. He stated that the developer did not obtain their approval, but he believes the Sewer Commission has changed the process so that building permits can be issued. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. Alderman Fletcher acknowledged that given the time it takes to complete residential construction, a building permit could be issued and utility concerns settled before issuing a letter of occupancy. City Engineer Whisker related that if a building permit is issued it would be stamped “no utilities available,” adding that the final plat would have to be accepted through the City Council. He related that Little Rock uses the system of “no utilities available” for building permits with approval from their City Council to prevent building permit delay. Mayor Swaim noted a situation that had caused past concerns regarding a subdivision that had a house completed before sewer was available. He added that while this circumstance is not that same, the Wastewater Department wants to ensure that if the final plat is approved by the City Council then it would be clear to builders that utilities are not yet available. Wastewater Department Manager, Thea Hughes related that the Sewer Commission adopted a policy, should the City Council and Planning Commission agree, that in the future to expedite the selling of lots and assist the builder and developer City Engineer Whisker would stamp the plat “no utilities available” and then have builders could sign an affidavit stating that they understand the utilities are not completed. She stated that when the utilities are completed, the Wastewater Department would send a letter to the City Engineer and he can note the completion date on the plat. She related that it would be known upfront that sewer connection would not be available until later. She stated that this policy would cover Wastewater Department regarding the availability of sewer. Mayor Swaim related that if the City Council approves the final plat, it would then be stamped “utilities not available” before builders could purchase building permits. He stated that he would not recommend this as a standard policy, but only when on an infrequent basis where circumstances arise for a legitimate situation. Alderman Stroud remarked that a final plat means a final plat, which indicates that all issues have been addressed. He stated that accepting final plats before they are completed establishes a precedent that could eventually lead to become the norm. He related that if approved it should only be approved as an exception. 6 Alderman Smith agreed that this would be considered an exception to the normal practice. Alderman Smith moved, seconded by Alderman Stroud to approve the Final Plat of Oak Ridge Ranch Subdivision stamped “without utilities.” Alderman Ray expressed concern that the subdivision only has one access, and City Engineer Whisker related that as the subdivision is further developed, Pridmore Lane to the north would connect to Cypress Drive. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. Mr. Jerry Smith related that utilities are available and all utilities are 100% built, adding that the only reason the Sewer Commission cannot accept it is because the sewer pump station does not have power. He stated that he does not want to file a final plat stamped that the utilities are not there. Mayor Swaim related that the Wastewater Department has made it clear that they would not approve sewer for a building permit without the plat being stamped regarding the utilities. Mr. Smith stated that it was his understanding at the Sewer Commission meeting that if a building permit was issued, it would be stamped “utilities not available” not the final plat. He pointed out that electricity would be available to the pump station in a few weeks. Mayor Swaim clarified the options, saying that even if the Council approves the final plat, the Wastewater Department will want the plat stamped or the item could be postponed until the sewer pump station is operational. Mr. Smith agreed to postpone final plat approval. Mayor Swaim offered that a re-file of the plat after utilities are available would change the status of a plat filed saying “utilities not available.” Mr. Will Bond stated that Mr. Smith does not want to have a plat on file that indicates utilities are not available. He stated that it might create problems in the future even if a corrected plat is re-filed. He stated that he believes the situation stems from the fact that the Sewer Commission would not accept his bond. He stated Mr. Smith’s desire to move forward, mentioning the investment Mr. Smith has in the subdivision. He related that the development will be a nice subdivision and addition to the City of Jacksonville. Mayor Swaim agreed, saying that unless he has misunderstood the Sewer Commission is not willing to approve the sewer without the plat being stamped. In response to a question from Alderman Smith, Mayor Swaim related that 7 the Engineering Department cannot issue a building permit until the sewer or water have been approved by those Departments. Alderman Smith withdrew his motion. Mr. Bond explained that Mr. Smith was under the impression that the Sewer Commission requested that the building permits be stamped “no utilities available” not the plat, adding that he was not able to attend that meeting. City Attorney Bamburg confirmed that the Sewer Commission intended the plat to be stamped and an affidavit signed by the builders. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. Alderman Ray withdrew his second to the motion. Alderman Fletcher asked what the feeling of the Sewer Commission was regarding the posting of a bond and stamping the building permit, but not the final plat. Mrs. Hughes stated that the Sewer Commission was not in favor of accepting a bond because in the event that problems arise it would leave them with having to deal with a third party to find a solution. It was the consensus of the City Council to place the item on the next regularly scheduled City Council meeting with consent from the developer. GENERAL: a. CONDEMNATION REVIEW Mayor Swaim related that the condemnation review deals with two properties that the Council voted to grant a 30-day extension to allow the owners additional time to present significant repairs and avoid further condemnation process. City Engineer Whisker presented photos of the properties proposed for condemnation, pointing out that the photos were taken on separate occasions since the last City Council meeting. The City Council viewed a power point presentation beginning with the property located at 107 Roosevelt Circle owned by Mr. Larry Smith. City Engineer Whisker reviewed necessary repairs and the progress made by Mr. Smith. He related that the photos were taken on July 3, 17, and 18 2002. He concluded with comparison photos of when the structure was condemned and a photo taken on the day of the City Council meeting to demonstrate the progress of repairs. Alderman Fletcher stated concerns for the structural soundness underneath the surface being viewed by the City Council. City Engineer Whisker related that Mr. Smith began on the rear of the house, and pointed out that part of the plate under the roof has been 8 replaced where the roof had caved. In response to a question posed by Alderman Smith, City Engineer Whisker related that Mr. Smith seems to be non-committal regarding a time frame for repairs. Alderman Stroud stated that 107 Roosevelt Circle should not be on the agenda, reminding the Council that the property was previously condemned in 1996. He related that the Council is considering re-condemning a property that is already condemned. He stated that it is his opinion that Mr. Smith will patch the house for rent and that it would still be structurally unsound, adding that he believes it should be demolished. Alderman Stroud moved, seconded by Alderman Smith to proceed with the condemnation of the property at 107 Roosevelt Circle. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. Mr. Larry Smith addressed the Council, saying that Alderman Stroud has exemplified exactly what the problems are in Jacksonville. He related that as a carpenter, Alderman Fletcher knows you cannot repair a roof without doing the walls first. He stated that the walls are done. He stated that the inspector has seen the new wood underneath and that Alderman Stroud is speculating that the old wood is being covered up. He related that he is not a landlord and does not have money like that. Mr. Smith stated that if he is going to be allowed to fix the property, as before he had explained to the Council that he had neck surgery. He stated that Alderman Fletcher was sympathetic and was going to allow him time to heal and to get the property back into City Code. He continued that it would not have been a problem, saying that he had started on the house long before he got the first letter from City Engineer Whisker. He related he had explained that to the Council before, adding that Alderman Stroud just exemplified the problem. He stated that Council does not communicate with the people and that he has money in the property, but the Council feels they have the authority to tear it down. He stated that as long as he is working on the property there should not be any question as to whether he is going to finish. He said that he is not one of those individuals walking around with a pocket full of money and that he is not pouring money into this property for it to be torn down. He stated that he has poured money into the property so he can live there. He related that he has to drive 50 miles to work because one house was already torn down. He added that what he does not understand is why Alderman Stroud, who does not know anything about the property, would speculate and pollute minds as to nothing being done to the house regarding new wood being installed on the house. He stated that City Engineer Whisker was at the house today and saw what was being done. He stated that he is not supposed to be working, but to go along with Council’s wish he worked everyday. Alderman Stroud asked Mr. Smith when his neck injury occurred, and Mr. Smith stated that it happened in November 2001 and he had surgery in 9 January 2002. Alderman Stroud noted that the property has been on condemnation since 1996. He then questioned Mr. Smith as to what efforts he made during the years of 1996 through 2001, saying it has been five years and Mr. Smith said he was not given enough time. Mr. Smith related that regarding the preceding property he was having to fight the City because he was pouring money into that house trying to get it done. He said that he does not know how much money he had spent and then unbeknown to him the City tore it down. He said that the City says that is being fair and acting out of good faith. He stated that is what he was doing all those years, trying to recoup what his family lost. He stated that house was his family’s inheritance. He stated that to Council it may have been an eye sore, but to his family who had poured money into it, it was a financial lost that they have not recovered from. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. Mr. Smith then disagreed with Alderman Stroud, saying that he feels he is being fair to his neighbors. Alderman Stroud acknowledged a difference of opinion and stated that his motion stands. Discussion ensued regarding a lien by the City and ownership of the prior property that was condemned. Mr. Smith disagreed, saying that there is no lien against that property, adding that the house was torn down and everything is the way it was left and that he still owns the property. Alderman Fletcher asked why Mr. Smith had not sold the former property to finance repairs for the current property. Mr. Smith stated that at the last meeting he attended, he had explained that all the purchase of materials had been done. He continued saying that he has the materials, adding that it was just that he was not physically able to do the work. He related that he started the work in September and the first week of November he suffered an injury at work, which is why he had to have neck surgery. He related that he had explained this to Council, saying that he could not control the time it would take to recover. Alderman Fletcher asked Mr. Smith if he is any closer to making a commitment of when the repairs could be finished, adding that at the last meeting Mr. Smith would not commit to any time frame and that City Engineer Whisker has made the comment that Mr. Smith has been non- committal. He stated that it is not a matter to be left in limbo, pointing out that it has already been five years. 10 Mr. Smith responded, “progressive work has been done on it.” Alderman Fletcher stated that putting one 2X4 up a week could be construed as progressive work. Mr. Smith responded, “well that is what you are saying that it is, but that is not what it is.” Alderman Fletcher asked again if Mr. Smith could provide a time frame. Mr. Smith responded “I been over there constantly working on it.” Alderman Fletcher stated, “all I am asking is just a time frame of when you expect at the rate you are going, or anticipate to go, to have it finished.” Mr. Smith stated “just like I told him in the letter, when the neurosurgeon told me that I am not to be lifting, I cant judge that, there is nothing that I can do. I have had to go back into the hospital twice since January, which is nothing that I have control over. That is CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. something that once they find with the MRI, I have to go back in. What I do not understand is, if I am making progress on the house why is there a necessity to rush to tear down a house that work is being done on. I don’t understand that and as in the property that you just were asking the question, had we been allowed to get the financing the house would have been finished. We were working on the financing when the house was torn down.” In response to a question from Alderman Sansing, Mr. Smith stated that it is his intention to live in the house when he finishes. Mayor Swaim pointed out the previous house is not an issue for this conversation, reminding the Council and Mr. Smith that the house was not habitable at the time it was condemned and demolished. At this time MOTION CARRIED, with Alderman Lewis voting NAY. City Engineer Whisker continued the presentation with photos of 1002 Redmond Road. He noted that the photos were also taken at different times offering Council an opportunity to view the progress on site. He th stated that when he visited the property on Tuesday July 16 he viewed progress, showing a picture of the walls being framed. He showed the Council photos of the progress from the rear of the building and the material on site that would be used to finish the framing. He noted that material burned in the fire has been removed for replacement. He th presented photos of the property taken July 17, saying that the property has experienced significant work in the last week. He stated that the roof has not been completed, but the shell is almost complete and pointed 11 out that, the debris has been collected by the rear of the building. The Council viewed comparison progress photos since the last Council meeting and City Engineer Whisker related that the person who was working on the building is no longer in charge of the building. He related that the owner who was holding the note is now doing the reconstruction as of one week ago. He added that the owner sent him a letter, which he has provided a copy to Council. Owner, Mr. Billy Hall addressed the Council, saying that he is ashamed of the building’s appearance; he acknowledged that the Council has been very patient. He related that he had sold the property, but got it back last Wednesday. He stated that there has not been much time to get anything accomplished. He requested a month extension, stating that he can have the property ready for sale, adding that if he were unable to sell the property he would do further repairs and rent the property. In response to a question from Alderman Sansing, Mr. Billy Hall stated that he was hoping for an extension of one month, saying that he is depending on a contractor to do the work. He noted that it has been difficult to find a contractor on short notice. He stated that he has made progress and hopes to continue. He related that in thirty days he would have all debris cleaned up. He said that he had contacted Binswanger Glass, but was told that it would be a week before they could schedule the job. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. Alderman Smith moved, seconded by Alderman Howard to extend the evaluation period 30 days for the property located at 1002 Redmond Road with progress review to be brought back to the Council. MOTION CARRIED. City Engineer Whisker presented photos of 212 Main Street, saying that the structure has been unchanged for some time. He explained that the owner had begun taking down the structure but since that time, nothing further has been accomplished. He went on to show photos of 10000 South Hwy 161, relating that this property has been an on-going problem. He pointed out that the roof has caved in and that the property ended up in bankruptcy court. He noted that the walls have bowed and the entire property is over grown. Next the Council viewed before and after photos of what City Engineer Whisker deemed a success story at 212 East Pine Street. He stated that the property had a lot of rotted wood and the owners took care of all the wood and then painted, adding that it is now structurally sound. City Attorney Bamburg related that he had forwarded the condemnation ordinance regarding the property at 10000 South Hwy 161 to the bankruptcy trustee who submitted a request to the court for the property to be removed from the bankruptcy. He related that since that time the court has not only removed the property, but the bankruptcy has been closed. He stated that the property has no other ties or obligations and the 12 condemnation can proceed. He then clarified given the condemnation review and the ordinance passed th June 6, action needed by the Council to address properties to be removed from the condemnation listing and further intentions for 1000 South Hwy. 161. Alderman Stroud moved, seconded by Alderman Howard to move forward with the condemnation of 10000 South Hwy. 161 and 212 East Main Street and to remove 212 East Pine Street from the condemnation list. MOTION CARRIED. City Attorney Bamburg noted that other property addressed in the condemnation ordinance would not require further action. b. Presentation of Revised Safety Manual Mayor Swaim asked that the Council to take the information and summary and be prepared to address the item at the next regularly scheduled City Council meeting. c. Presentation of Comprehensive Annual Financial Report/2001 Audit Mayor Swaim recognized Mr. Mac McAlister from the auditing firm of McAlister and Associates. Mr. McAlister stated that they are pleased to present the City with the 2001 Comprehensive Annual Financial Report for the City of Jacksonville, CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. th saying that this marks the 5 year for the City to publish a Comprehensive Annual Financial Report. He reviewed the more significant items, saying that total revenues for 2001 were 15.9 million, a decrease of approximately 8.1% from 2000 revenues. He stated that revenues from the Pulaski County One-cent Sales Tax was 5.1 million and the City Sales Tax was slightly over 4.5 million, adding that together these constitute approximately 61% of total revenues. He related that State Tax Turnbacks and Utility Franchise Fees contributed 14% and 6% respectively and that the operating and capital expenditures in 2001 was 14.5 million, up from 13.5 million in 2000. He pointed out that personnel cost is the City’s largest expense at approximately 9.5 million or 65% of the total. He stated that Police and Fire Department expenditures were 33% and 25% respectively regarding total General Fund expenditures. He related that revenues exceeded expenditures in the City’s operating and capital project funds by approximately 1.5 million. He pointed out that the total fund balance at the end of the 2001 was 12.9 million, of which approximately 10.7 million is designated for contingencies, future projects or the 2002 budget, adding that the fund balance of the General Fund as of December 31, 2001 was approximately 1.4 million, which represents approximately 49 days of current operating expenditures. He stated that the report expresses an unqualified opinion regarding the general purpose financial statement of the City. He pointed out that 13 there were no reportable conditions on internal control or material instances of non-compliance with the laws and regulations relating to the audit. He added that there were no audit findings or questioned costs relative to the Federal Grant Award Program for the City in 2001. He stated that there is a management letter issued with the 2001 report, reporting on the prior year and the current year audit findings of immaterial nature. Overall for the year 2001 was another exceptionally good and successful year for the City. He emphasized that good budgetary controls contributed to the effective containment of costs, saying that the City continues to fulfill its financial responsibilities in a conservative, pay as you go manner that makes the most of the resources available. He stated that his firm has long recognized the City’s administration for it’s leadership in all aspects of financial management and continue to do so in this report. He stated that the City’s Comprehensive Report has been submitted to the Government Finance Officer Association of the United States and Canada for consideration of a fourth certificate of achievement for excellence in financial reporting. He related that currently only seven cities in Arkansas are recipients of the award and he believes the Jacksonville 2001 CAFR meets all the requirements of the certificate of achievement program. He related that special recognition should go to the City’s Finance Department for a job well done and for publishing a quality annual financial report. He expressed his appreciation to the Council for the opportunity to once again serve as City auditor, saying that he is proud to be a citizen of Jacksonville, with a City Council that does a commendable job in the use of resources available. He related that his firm values their business relationship with the City and looks forward to serving in the future. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. Mayor Swaim and the City Council thanked Mr. McAlister and Mr. Gerald Clark for their work on the 2001 audit. Alderman Stroud moved, seconded by Alderman Lewis to accept the 2001 Audit as presented. MOTION CARRIED. d. RESOLUTION 563 (#8-02) A RESOLUTION SUPPORTING PARTICIPATION OF THE CITY OF JACKSONVILLE, BY AND THROUGH THE JACKSONVILLE WASTEWATER UTILITY, IN THE VALENTINE/WOOTEN ROAD SEWER PROJECT; AUTHORIZING A DEFERRED LOAN AGREEMENT WITH THE ARKANSAS SOIL AND WATER CONSERVATION COMMISSION; AND, FOR OTHER PURPOSES. Mayor Swaim related that Resolution 563 address a water improvement district in the Valentine/Wooten Road area. He explained that there was a need to complete the project with a loan to be guaranteed for $51,500 and the Wastewater Department work has been working on the project since they would be accepting the lines when finished. He stated that the Resolution will guarantee the loan through the City and the Wastewater Department will collect those funds to pay it back to the City. He related that Mrs. Hughes and Mr. Rice are available for question. 14 Alderman Ray moved, seconded by Alderman Elliott to Read Resolution 563 (#8-02). MOTION CARRIED. Whereupon City Attorney Bamburg read the Resolution. Alderman Smith moved, seconded by Alderman Ray to Approve Resolution 563 (#8-02). MOTION CARRIED. e. Request to Accept Bid Re-roof Nixon Library Mayor Swaim stated that estimates for replacing the roofing with a pitched roof were above $80,000, adding that bids for re-roofing were speculated and three bids were received. He related that two of the bids were rejected and that Looper Roofing was an acceptable bid as far as meeting bid criteria. He pointed out that the City has some experience with Looper Roofing, saying that they re-roofed the Police Department recently and that the work was satisfactory. In response to a question from Alderman Fletcher, City Engineer Whisker related that the roofing system is the same system used at the Police Department, which was a rubber sheet liner. Mayor Swaim stated that a portion of the funds are set-aside in the Library Fund and the balance would come from the Capital Improvement Fund. Alderman Ray moved, seconded by Alderman Howard to accept the bid from Looper Roofing in the amount of $34,600. It was noted that the Library roof has not had roof repairs for approximately 12 years. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. Mayor Swaim related that the roof was the type of roof that had a polyurethane foam on it, saying that when repair work was done regarding the two condensing units that are located on the roof with workmen waking around the integrity of the roofing degenerated to the point that it has to be replaced. Chief Ruthven pointed out that it would probably have the same type of guarantee as the Police Department roof of 15 years and that the Company guarantees everything from top to the floor of the building and anything in between. At this time, MOTION CARRIED. f. Request to Accept Bid Re-roof building at 200 Dupree Drive Mayor Swaim stated that the bid is to re-roof the Chamber of Commerce building, explaining that the building is owned by the City and is leased to the Chamber of Commerce. 15 Alderman Stroud moved, seconded by Alderman Howard to accept the low bid from Looper Roofing in the amount of $13,000 with funds to be drawn from the Capital Improvement Fund. MOTION CARRIED. APPOINTMENTS: ANNOUNCEMENT: Mayor Swaim announced that the Annual Fall Conference for the National League of Cities is in December and Council members wanting to attend should contact Bertha Tipton as soon as possible for reservations. Mayor Swaim then announced that Justice of the Peace Dennis Sobba has requested that Council members contact him regarding comments concerning the proposal to have a sales tax on the ballot for certain improvements in the County to support the jail, the transportation system, the Capital Improvement for infrastructure and education. He related that the vote to place the sales tax on the November ballot would be taken soon. In response to a question from Alderman Lewis, Mayor Swaim related that the proposal would not affect the City’s One-cent Sales Tax, and explaining that Jacksonville would receive ¼ of 1% of the infrastructure portion for City Parks and Recreation. He added that if the jail portion passed it would allow the City of Jacksonville to stop payment of its $100,000 a year for jail space and Jacksonville would be able to recover the $19,500 that we now pay for the bus that comes to Jacksonville. Mayor Swaim then related that Judge Gray would be hearing arguments regarding making the tax retroactive or perspective. He stated that if she decides to make the tax retroactive, the City of Jacksonville would owe approximately 1.7 million dollars and would lose revenues of $420,000 annually. He stated that the case would be appealed. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. City Attorney Bamburg clarified that the latest figures show that the City of Jacksonville would owe 1.9 million in total collections. He stated that the average monthly income somewhere between $35,000 to $40,000. He stated that if Judge Gray orders that cities have to escrow those funds, the City Council will have to address how to handle the shortage. He stated that the oral arguments will be Tuesday afternoon at 3:00 p.m. to address these issues and because it has a similar effect on all the municipalities and the Pulaski County government, the attorneys for the respective entities have selected two attorneys to address the argument for everyone. He asked that anyone with input on the issues let him know. He stated that she has indicated that she will issue a final ruling on the matter at conclusion of the hearing. He stated that when that ruling is put into writing and entered by the court, then there will be 30 days from that date in which to file a notice of appeal. He strongly recommended at the next City Council meeting that Council vote 16 to allow him to participate in an appeal that will be joined by all other municipalities. Mayor Swaim then related that the removal of tax from food products has enough petitioners, although it has not been certified to be on the November ballot. He related that if it were to pass the City of Jacksonville would stand to lose between 1.5 and 2.0 million annually, depending on what they determine is food products. He stated that everyone needs to be aware that there is an opportunity for a large income decrease in the next budget. Chief Ruthven noted the media coverage regarding the appointment of Officer Les Hockaday to a position of Corporal within the Police th Department, adding that on the 26 the Police Department will appoint three more officers to the position of Corporal. He invited everyone to attend. He then noted that this is an appointment without an increase in salary, so it will not impact the budget. DEVIATION IN AGENDA: Mayor Swaim asked that the rules be suspended to address bids regarding funds previously approved for mechanical doors at the Senior Center. Alderman Fletcher moved, seconded by Alderman Smith to suspend the rules and place bids for mechanical doors at the Jacksonville Senior Center on the agenda. MOTION CARRIED. CDBG Director Theresa Watson offered the Council photographs of the main and side entrances at the center, saying that three bids were received. She stated that her recommendation would be for the lowest bid from Mid- South. She related that the photos offer an opportunity to view a flush and surface mount. She pointed out that the north and south entrance would have a flush mount and the front entrance would have a surface mount because of the masonry work and the steel framing around the glass. She related this approach would cause the least amount of demolition work. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2002 7:00 P.M. – 8:25 P.M. Alderman Fletcher moved, seconded by Howard to accept the Bid from MidSouth in the amount of $32,259.00 budgeted CDBG funds. MOTION CARRIED. It was noted that the new Skating Park is being well attended. Alderman Ray related that he had spoken with some of the parents over the weekend and they had expressed appreciation for the Park. In response to a question posed by Mayor Swaim, Parks and Recreation Director Biggs related that bicycles are acceptable at the Skating Park. 17 ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 8:25 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 18