06 DEC 21.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 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 December 21, 2006 at the regular meeting place of the Council.
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Aldermen Smith
was absent.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
Clerk Linda Dulaney, Finance Director Paul Mushrush, Fire Chief John
Vanderhoof, Police Captain J.J. Martin, CDBG Director Theresa Watson,
Mrs. Judy Swaim, Mrs. Addie Gibson, Mr. Bobby Alton, Mr. Steve Fykes, Mr.
Larry Smith, Mr. Tommy Bond, and interested citizens.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of
December 2, 2006 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 Stroud that the minutes of
the Regular City Council Meeting of 16 November 2006 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Animal Control Report for November 2006. Said report reflects:
ADOPTION/FINES: $1,410.00
CONTRIBUTIONS: $ .00
TOTAL: $1,410.00
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for November 2006. Said report reflects:
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 22 Building Inspections 49
Business License 5 HVACR 42
Electrical 59
Plumbing 56
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 24 Notice of Noncompliance 37
Property Mowed 25 Towed 2
Trash Letters 184 CONDEMNATIONS
Trash Removal 14 Structural Maint. Letters 0
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Property Maint. Letters 4 Structural Repairs Made 0
Costs $2,808.44 Demolitions 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 P.M.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for November 2006 from the Jacksonville Fire Department,
which reflects a fire loss of $203,100 and a savings total of $1,401,000.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for November 2006. Said report reflects the Total Value of
Reported Stolen Property $88,592. Total Value of Recovered Stolen Property
$42,252 and Total Report Sales $1,006.
ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1300 (#33-06)
AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2007; MAKING APPROPRIATIONS AND
AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY
GOVERNMENT; FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND
SERVICES COVERING: GENERAL FUND OPERATIONS, STREET FUND, EMERGENCY
MEDICAL SERVICES FUND, AND SANITATION FUND; DECLARING AN EMERGENCY; AND,
FOR OTHER PURPOSES.
Mayor Swaim noted that there were no major changes from the draft budget
that was provided for review.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1300 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1300.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1300 be
APPROVED on FIRST READING.
In response to a request from Alderman Sansing, Finance Director Paul
Mushrush related that Alderman Sansing has asked that he correspond the
increase in the employee’s contribution for a family medical policy to
the salary increase. He explained that the City has bi-annual
evaluations of current market rates for City positions, which is compared
to the current salary, adding that once compared, the employee’s salary
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is then moved to that prevailing market rate at the rate of 3.5%. He
stated that if a 3.5% increase is more than the market rate, the employee
is guaranteed at least a $750.00 annual raise. He explained that if the
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 P.M.
guaranteed $750.00 increase is equated to the employee premium
contribution cost of $17.00 per pay period, which is approximately
$375.00 annually. He stated that there are only eight employees in the
City of Jacksonville that $750.00 would not make a 3.5% increase. He
explained that the earning necessary to obtain a 3.5% increase equating
to $750.00 is approximately $21,300.00 annually, which means that even
the lowest paid employees are making over $10.00 an hour. He added that
even if you equate the insurance increase to the lowest paid employees
their raise would be more than 3.5% and the $375.00 increase would still
provide for a 2% raise.
Alderman Sansing stated that even when the employee is picking up half
the cost of the increase in premiums, employees at the top end of the
scale are not realizing a net gain greater than employees at the bottom
of the scale. He stated that the City has been very fair in trying to
equalize raises and subsequently share the insurance increase cost. He
thanked Finance Director Paul Mushrush for his explanation.
He stated that the City uses formulas for all employee applications. He
stated that a logical rule is set and applied equally by formula.
ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1300 on SECOND READING. ROLL CALL: Alderman Elliott,
McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ordinance 1300.
Alderman Sansing moved, seconded by Alderman Howard to further suspend
the rules and place Ordinance 1300 on THIRD and FINAL READING. ROLL
CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 1300.
Alderman Ray moved, seconded by Alderman Howard that Ordinance 1300 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray that the EMERGENCY CLAUSE
be approved and adopted. ROLL CALL: Alderman Elliott, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1300 THIS 21 DAY OF DECEMBER
2006.
Alderman Elliott and other Aldermen thanked the Mayor and the department
heads for the many hours of work put into the budget.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 P.M.
In response to a question posed by Alderman Ray, Finance Director Paul
Mushrush related that the Polar Bear Club is the Police Department’s fund
raising effort for the Special Olympics.
Finance Director Paul Mushrush pointed out that the budget includes extra
items in the introductory sections, citing that the first item being a
graphical long-term analysis of the City’s major revenue streams in the
past 10 years and a listing of “best practiced” fiscal policies that the
City implements.
b. ORDINANCE 1301 (#34-06)
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY OF JACKSONVILLE,
ARKANSAS, TO ACT AS AN INTERMEDIARY IN THE TRANSFER OF ASSETS AND
LIABILITIES, PURSUANT TO AN INTERLOCAL MERGER AGREEMENT BETWEEN HIGHWAY
319 WATER USERS PUBLIC FACILITIES BOARD OF LONOKE COUNTY, ARKANSAS
(HIGHWAY 319) AND NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD (NORTH
PULASKI); AMENDING JMC §13.10.020 AND §13.10.080; DECLARING AN EMERGENCY;
AND, FOR OTHER PURPOSES.
Mayor Swaim explained that the North Pulaski Waterworks facilities
previously adopted by the City Council is proposing to merge with a
smaller water department.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1301 be
placed on FIRST READING.
City Attorney Bamburg clarified that the City of Jacksonville is not
assuming any financial obligations, debt or liabilities but is acting as
a pass through organization with appointment authority over the Board.
ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1301.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1301 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, McCleary,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE.
NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1301 on SECOND READING. ROLL CALL: Alderman Elliott,
McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg
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read the heading of Ordinance 1301.
Alderman Sansing moved, seconded by Alderman Howard to further suspend
the rules and place Ordinance 1301 on THIRD and FINAL READING. ROLL
CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 1301.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 P.M.
Alderman Ray moved, seconded by Alderman Howard that Ordinance 1301 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray that the EMERGENCY CLAUSE
be approved and adopted. ROLL CALL: Alderman Elliott, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1301 THIS 21 DAY OF DECEMBER
2006.
c. Appointment to fill the position of Alderman Robert Lewis
Mayor Swaim noted that there are two candidates who have expressed
interest in being appointed to fill the new term of Alderman Lewis. He
offered both candidates an opportunity to address the City Council.
Mr. Ron McDaniel and Alderman Kevin McCleary each addressed the City
Council expressing their desire and willingness to serve the citizens and
participate in progress for the City of Jacksonville.
Mayor Swaim commended both applicants for their interest in serving as
Alderman for the City, encouraging whomever may not be appointed to
remain interested and seek future positions that become available.
Mayor Swaim requested a roll call vote to approve the appointment of Mr.
Ron McDaniel to serve the four-year term of Alderman Robert Lewis:
Aldermen Elliott, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted
NAY. AYE (0). Aldermen McCleary and Sansing abstained. MOTION CARRIED.
Mayor Swaim requested a roll call voted to approve the appointment of
Alderman Kevin McCleary to serve the four-year term of Alderman Robert
Lewis: Alderman Elliott, Ray, Rinker, Fletcher, Stroud, Twitty and
Howard voted AYE. NAY (0). Aldermen McCleary and Sansing abstained.
MOTION CARRIED.
Mayor Swaim thanked Mr. McDaniel for his interest in the position. He
then noted that Mr. McDaniel has been serving on the Civil Service
Commission for a number of years, encouraging him to continue serving the
City.
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APPOINTMENT(S): City Hall will be closed December 25 and 26 in
celebration of the Christmas Holidays.
Mayor Swaim noted that condemnation regarding a piece of property for the
Library has begun, adding that he is still negotiating with the property
owner. He reaffirmed his authority with the City Council to continue
negotiations, expressing his hope that negotiations are moving closer to
an agreement.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 P.M.
It was the consensus of the City Council to continue negotiations in the
hopes of reaching an agreement over condemnation.
DISCUSSION OF ADOPTED 25’ SETBACK CHANGE
Alderman Fletcher expressed concerns regarding subdivisions first
approved with a 35’ setback adding new phases at 25’. He expressed his
desire to see a uniform setback within a subdivision.
City Attorney Bamburg clarified that the 25’ setback would apply to any
new subdivision or phase of an existing subdivision not yet final platted
that is brought before the Planning Commission.
Mayor Swaim noted that the Planning Commission would have the authority
to review the visual change in setback and request that the developer
continue with the 35’ setback if deemed appropriate.
Mr. Bond stated that recently the concern was addressed by the Planning
Commission regarding the new phase of Jaxon Terrace, explaining that the
Planning Commission requested that the developer stair-step the setback
into a less visual change. He then noted that a 25’ setback variance was
recently approved for a lot that would lead into the second phase of
StoneRidge to prevent an obvious visual change in setback.
ANNOUNCEMENT(S):
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at
approximately 7:29 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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