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08 DEC 04.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7:00 P.M. – 7:37 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 4, 2008 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Rhett Alberson and Gavin Price led a standing audience in the “Pledge of Allegiance” to the flag. Mayor Swaim recognized Public Works Director Jim Oakley and the employees of the Street Department for the outdoor Christmas lighting. He then recognized Linda Dupree of the Finance Department for the decoration inside City Hall. He thanked everyone responsible in preparing decorations for the Christmas season. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Aldermen Twitty and Rinker were absent. Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administration Jay Whisker, Public Works Director Jim Oakley, Human Resource Director Jill Ross, City Planner Chip McCulley, Assistant Finance Director Cheryl Erkel, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mr. Alfonso Nations, Ms. Michelle Price, Mr. Mike Wilson, Mr. Tommy Dupree, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of November 20, 2008 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 Stroud that the minutes of the Regular City Council Meeting of 6 November 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Howard to approve the Regular Monthly Report for November 2008. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 15 Building Inspections 35 Business License 7 Electrical 53 Plumbing 32 HVACR 20 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7:00 P.M. – 7:37 P.M. UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 1 Notice of Noncompliance 2 Property Mowed 18 Towed Board windows/doors 2 Trash Letters 71 CONDEMNATIONS Trash Removal 3 Structural Maint. Letter 36 Property Maint. Letters 10 Structural repairs made 0 Cost $1,674.23 Demolitions 0 CITATIONS WARRANTS Debris & open storage 1 Arrest 0 Property maintenance 0 Search 0 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Howard to approve the Regular Monthly Animal Control Report for November 2008. Said report reflects: ADOPTION/FINES: $1,910.00 CONTRIBUTIONS: $ 55.00 TOTAL: $1,965.00 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to accept bid for leaf vacuum Alderman Smith moved, seconded by Alderman Ray to approve the low bid from Henard Utility in the amount of $19,500.00 with funds to be drawn from budgeted Street Department funds. In response to a question from Alderman Fletcher, Public Works Director Jim Oakley stated that he is familiar with the machine offered in the low bid and feels comfortable with the low bidder, adding that both bids met specifications. He then answered that if approved the machine would be delivered tomorrow, since it is in stock. At this time MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. Set public hearing to abandon & vacate street easement on Chapel Hill Road 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7:00 P.M. – 7:37 P.M. It was the consensus of the City Council to set the public hearing to abandon & vacate a street easement on Chapel Hill Road at the regularly scheduled City Council meeting of December 20, 2008 at approximately 7:00 p.m. b. ORDINANCE 1355 (#22-08) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2009; 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. In response to a question posed by Alderman Smith, Mayor Swaim related that all employees would receive a 5% salary increase, further noting that he would receive a 1% salary increase. Alderman Smith moved, seconded by Alderman Stroud to place Ordinance 1355 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1355. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1355 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Stroud to place Ordinance 1355 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1355. Alderman Smith moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1355 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1355. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1355 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray to approve and attach the EMERGENCY CLAUSE. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1355 THIS 4 DAY OF DECEMBER 2008. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7:00 P.M. – 7:37 P.M. Alderman Ray commended Mayor Swaim and staff regarding financial management, saying on behalf of the employees, that he is pleased to see that the City could offer a 5% salary increase for its employees. Alderman Fletcher echoed those sentiments, acknowledging that economic considerations make it difficult for many other cities to have the financial ability to offer any salary increase. Alderman Elliott noted that the highest increase discussed among other cities at the Municipal League meeting was 3%. c. Reed’s Bridge Preservation Society request for City funding expenditure Mr. Tommy Dupree requested a City funding expenditure of $15,000.00 to retire a bank loan owned by the Reed’s Bridge Preservation Society regarding the last property transaction involving Trickey Lane and Military Road. He then added that he and his sister-in-law offered 38 acres that was put into an easement located within the Battlefield, so the Battlefield area is still growing. He offered a visual layout of the property including plans for the 2009 year regarding walk trails, parking lot, and panels. He related that Mr. Jack Danielson would be requesting funds for additional panels beyond the southwest quadrant. He then noted interest from the Canoe Club and the Game and Fish following a canoe trip upstream from Hwy. 161, under the railroad track and back down. Mr. Jack Danielson displayed an Arkansas Water Trail sign, explaining that it is a program sponsored by the State of Arkansas through the Arkansas Game and Fish. He related that the Arkansas Game and Fish are establishing water trails throughout the State. He noted that a representative from the program floated the area with the Canoe Club. He stated that Jacksonville has an attraction for people that are interested in the outdoors and floating in canoes and kayaks. He related that statistically people who are interested in Civil War history as a class of tourist spend more money than the average tourist does and bird watchers as tourist spend more than any other class of tourist. He stated that Jacksonville could promote the Bayou and wildlife. Discussion ensued regarding tourist dollars spent by wildlife enthusiasts versus hunting and fishing. It was noted that the number of hunters and fishermen are declining while the number of people who observe wildlife are growing. He stated that this is an area of tourism that Jacksonville should try to capture. Mr. Danielson noted that Public Works Director Jim Oakley laid out a walking trail along the edge of the Bayou, noting that the City owns both sides of the Bayou from Hwy. 161 going back to the railroad bridge. He related that two landings are planned for the area. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7:00 P.M. – 7:37 P.M. In response to a question posed by Alderman Ray, Mr. Dupree related that the match was the triangular land purchase between Trickey Lane and Old Military Road of which the City has already funded a portion of that purchase. He concurred that the $15,000.00 request would be the clear up the last of the land purchases. Alderman Ray moved, seconded by Alderman Stroud to contribute $15,000.00 to clear old debt regarding land purchases for Reed’s Bridge Preservation Society. It was noted that the funds would be expended from the 2008 Contingency Fund. At this time MOTION CARRIED. d. RESOLUTION 621 Mayor Swaim related the need to suspend the rules and place a resolution on the agenda. He explained that in October the City Council authorized himself and the City Clerk to negotiate a new lease with the 501(C3) that manages the hospital. He related that because bonds decreased they were unable to defease the bonds so a lease could not be performed, adding that currently the Board is working in a different direction. He provided a brief history, noting significant losses by major area hospitals but added that North Metro has still been able to operate but is losing money at the rate of over $400,000 monthly. He specified that last month the Hospital lost approximately $471,991, relating ongoing negotiations between attorneys and the prospective management company. He related that November’s numbers are not any better than the previous month, stating that we can not continue under those circumstances to maintain the Hospital as a viable operating business. He related that the Hospital Board has been working on a new opportunity with the same company, Allegiance to come in and manage the Hospital for a period of time. He continued saying that Allegiance is asking for an option to purchase the Hospital at a later date. He stated that the Board had an appraisal performed and there is a tentative agreement that states Allegiance will pay the appraised value or the amount of debt that is owed on the Hospital whichever is greater at the time of closing. He stated that we, as a community, need a hospital. He explained that there are 500 employees at the Hospital with a payroll of $5,000,000 annually, which represents a $15,000,000 impact on the local economy. He added that it is in Jacksonville’s best interest to maintain a hospital whether the City or some other entity owns the facility. He stated that the option to purchase could be executed anytime within the time deemed feasible. He related that the Hospital Board has spent many hours working to come up with a plan that would make the Hospital viable and keep it in operation. He then explained that the Company is proposing to bring some of their operations that they are leasing space for in another hospital to 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7:00 P.M. – 7:37 P.M. Jacksonville. He added that such an option would boost the Hospital’s income and predictions within six months say we should see some turnaround where the Hospital is at least in a break-even situation. He reiterated the value of having a hospital in the community, citing that Jacksonville’s competition is six to ten miles away, explaining that it is very difficult regarding today’s situations to keep a hospital feasible. He stated that he feels very strongly that if the City is able to enter into an agreement and at least keep the Hospital open then Jacksonville is much better off than not having that option or making the effort. He stated that this may not be the most optimal deal but there is no better deal available. He stated that the Board worked with at least three other hospital entities, including St. Vincent and Baptist Hospitals, neither hospital made any offer. He stated at this juncture, this is the client and they have an opportunity to come in and work with the Board regarding the Hospital. Alderman Elliott moved, seconded by Alderman Smith to suspend the rules and place Resolution 621 (#14-08) on the agenda. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Stroud to read Resolution 621 (#14-08) in its entirety. MOTION CARRIED. Whereupon City Attorney Bamburg read Resolution 621 (#14-08). Prior to completion of the reading of Resolution 621 (#14-08) in its entirety the following motion was accepted. Alderman Ray moved, seconded by Alderman Stroud to dispense with the reading of Resolution 621 (#14-08) in its entirety having accomplished understanding of the Resolution’s purpose. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Stroud to approve Resolution 621 (#14-08) in its entirety. MOTION CARRIED. Discussion ensued regarding the possibility of establishing a weekend walk-in clinic and Mr. Mike Wilson stated it to be one stipulation that the Board had insisted on. He went on to inform the City Council that he feels the Company does intend to establish a weekend clinic. Mr. Wilson stated that Mayor Swaim and the Hospital Board has spent an enormous amount of time and effort making inquiry as to the strength and soundness of the Allegiance Company. He related that it was found that the Company operates other hospitals in the State as well as in Louisiana and Texas. He noted that the Board was well satisfied with the information on the Allegiance Company. He added that the most important issue that the Mayor and Board have insisted on, is the maintenance of the existing services that our Hospital provides for the future and Allegiance has agreed to do that. He noted that while the OB/GYN service had collapsed because of medical care providers it is hoped that the service can be reestablished. He stated that the real significant feature of this transaction is to maintain all services regarding a first class hospital. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7:00 P.M. – 7:37 P.M. Alderman Ray complimented the services regarding a recent hospital stay. Alderman Fletcher offered that he would also like to have the opinion of the doctors who have worked in the hospitals managed by the Allegiance Company, adding that he would like to know that the doctors are satisfied. He then asked Mayor Swaim to secure more detailed plans regarding Allegiance plans for the Hospital’s future. Mayor Swaim related that Allegiance has conducted two meetings so far with the doctors and are planning one more meeting, adding that Allegiance is making every effort to work with the doctors to encourage them to be participants in the system. He noted the viability regarding different areas that have passed a Sales Tax, noting that without a tax the hospital closes and residents have to drive 50 to 75 miles to a hospital, explaining that this is a major factor regarding whether a sales tax is feasible. In response to a suggestion from Alderman Fletcher, Mayor Swaim pointed out that the Board has asked for a first right of refusal to take the Hospital back if at some point in time they are unable to continue with the Hospital. th ANNOUNCEMENT(S): City Hall Open House will be held Friday, December 12 th and the Christmas Parade will be Saturday, December 6. Mayor Swaim and the City Council joined in commending the Police Department regarding the positive publicity recently received by the Department. Mayor Swaim expressed confidence in Chief Sipes’ continuing efforts to fight crime in the City of Jacksonville. He stated that those who break the law, especially concerning drugs, need to be put on notice that the City will continue to fight that crime. He noted the many hours of overtime work required to bring a successful conclusion, stating that the results are worth the long hours involving overtime. Chief Sipes and the Police Department were applauded for their recent success. Mayor Swaim then announced the tentative date for the new Library opening Saturday, February 14, 2009. He noted that the Museum received its plane and is seeking a C-130, adding that Public Works Director Jim Oakley and his crew were instrumental in helping with the foundation for the plane. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:37 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 7