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08 DEC 18.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 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 18, 2008 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: Smith, McCleary, Sansing, Ray, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT SIX (6), ABSENT (3). Alderman Fletcher arrived at approximately 7:25 p.m. 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, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel, Fire Chief John Vanderhoof, Battalion Fire Chief Joe Bratton, Police Chief Gary Sipes, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mr. Mike Wilson, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of December 4, 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 Howard that the minutes of the Regular City Council Meeting of 20 November 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for November 2008. Report reflects the Total Value of Reported Stolen Property $95,310. Total Value of Recovered Stolen Property $27,710 and Total Report Sales $845. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for November 2008 from the Jacksonville Fire Department, which reflects a fire loss of $3,500 and a savings total of $79,000. ROLL CALL: Aldermen: Smith, McCleary, Sansing, Ray, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2008 7:00 P.M. – 7:37 P.M. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT Cavin Estates Lots 1-3 Mayor Swaim related that the property was formally known as the Hallelujah Trailer Park, which is being proposed for single-family home construction. He then related that the property is located on Valentine, Mayfair and Borroughs Roads. Alderman Howard moved, seconded by Alderman Ray to approve the Final Plat of Cavin Estates Lots 1-3. MOTION CARRIED. GENERAL: a. 7:00 p.m. PUBLIC HEARING ORDINANCE 1357 (#24-08) AN ORDINANCE VACATING AND CLOSING A PORTION OF CHAPEL HILL ROAD, JACKSONVILLE, ARKANSAS (GENERAL LOCATION: CHAPEL HILL ROAD, JACKSONVILLE, ARKANSAS); AND, FOR OTHER PURPOSES. Mayor Swaim explained that without more than six City Council members present the ordinance could only be addressed for first reading. Mayor Swaim opened the public hearing at approximately 7:13 p.m. There was no one present to speak in opposition to the closing and vacating a portion of Chapel Hill Road. Alderman Ray moved, seconded by Alderman McCleary to place Ordinance 1357 on FIRST READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1357. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1357 on FIRST READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Mayor Swaim stated that Ordinance 1357 would be further addressed at the next regularly scheduled City Council meeting. b. ORDINANCE 1356 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF EQUIPMENT AND SERVICES REGARDING COPIER/PRINTER MAINTENANCE SERVICES, COMPUTER SOFTWARE, SCANNERS, WEBLINKS, WEB PUBLISHING, AND OTHER SUCH NECESSARY EQUIPMENT FOR THE MAINTENANCE SERVICES FOR USE BY THE CITY OF JACKSONVILLE; DECLARING AN EMERGENCY, AND, FOR OTHER PURPOSES. Finance Director Paul Mushrush related that the City is embarking on two simultaneous ventures, explaining that the City is going “green” next year and hopes to be paperless by the end of the year. He stated that currently the City has multi-user software but would also need the corporate edition to achieve the goal to be paperless. He stated that in addition, the City would contract with Aristotle to redesign the City 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2008 7:00 P.M. – 7:37 P.M. website. He noted that Datamax Micro is also the supplier of weblink software that would publish documents of a public nature on the web. He stated that since the basics are already in place it is more feasible to find a different company that would redesign the entire structure. Alderman Smith moved, seconded by Alderman McCleary to place Ordinance 1356 on FIRST READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1356. Alderman Sansing moved, seconded by Alderman Ray to APPROVE Ordinance 1356 on FIRST READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Mayor Swaim stated that it is his understanding that Alderman Fletcher has called and is on his way, adding that when he arrives the Ordinances can be put back on for second and third reading. c. Consideration to cancel/move City Council January 1, 2009 meeting Alderman Smith moved, seconded by Alderman Howard to cancel the January 1, 2009 regularly scheduled City Council meeting. MOTION CARRIED. APPOINTMENT(S): PLANNING COMMISSION Alderman Ray moved, seconded by Alderman Smith to approve the reappointment of Art Brannen and Susan Dollar for terms to expire 01/01/2012. WATER COMMISSION Alderman Smith moved, seconded by Alderman Sansing to approve the appointment of Phillip Keaton for a term to expire 04/20/2010. At 7:19 p.m. Mayor Swaim related the need to address an item that is not listed on the agenda, asking for a brief recess allowing Alderman Fletcher to arrive. It was the consensus of the City Council to suspend further business pending the arrival of an additional City Council member. Mr. Mike Wilson requested and was granted an opportunity to address the City Council. He expressed his gratitude to the City leaders, saying that he feels the City of Jacksonville is a very good city. He cited the example of Public Works Director Jim Oakley delaying the purchase of asphalt to wait for the oil prices to come down. He continued saying that the City has maintained a record of smart decisions, such as the Resolution to allow for a charter school. He related that the City Council has done an excellent job and he hopes it continues, adding that he is aware there is an election in a couple of years. He stated that he feels the City has a “fabulous” mayor, adding jokingly, that the Mayor did not goad or pay him for that endorsement. He said that in looking at 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2008 7:00 P.M. – 7:37 P.M. other surrounding cities it obvious, noting the recent success of Chief Sipes and the Police Department. He stated that he is very proud of Jacksonville. He related that he was born on the Air Force base 40 years ago and after coming to know the Mayor and City Council members, he realizes how much has been accomplished for the City. He stated that he hates the fact that the City will loose Mayor Swaim when he retires, adding that it will be hard to fill his shoes. He continued, saying that many people in the City have no idea how much good has been accomplished for them. He added that he would just like to say, “thank you.” Mayor Swaim and the City Council thanked Mr. Wilson for his kind words. Mayor Swaim updated the City Council regarding the Hospital, saying that there is a verbal agreement but there are a few technical issues to be resolved before the papers are signed. He related that the Hospital staff is working diligently regarding improvements to help with any issues, adding that the Hospital is carrying on with the business of healthcare for the citizens of Jacksonville, as usual. Alderman Fletcher arrived at approximately 7:25 p.m. Mayor Swaim stated that with the arrival of Alderman Fletcher the City Council has enough members to suspend the rules and place the Ordinances on second reading. RESUMPTION OF ORDINANCE 1357 Alderman Smith moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1357 on SECOND READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1357. Alderman Sansing moved, seconded by Alderman Howard to APPROVE Ordinance 1357 on SECOND READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Howard moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1357 on THIRD and FINAL READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1357. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1357 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1357 THIS 18 DAY OF DECEMBER 2008. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2008 7:00 P.M. – 7:37 P.M. RESUMPTION OF ORDINANCE 1356 Alderman Sansing moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1356 on SECOND READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1356. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1356 on SECOND READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1356 on THIRD and FINAL READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1356. Alderman Sansing moved, seconded by Alderman McCleary that Ordinance 1356 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1356 THIS 18 DAY OF DECEMBER 2008. ADDITION TO AGENDA: Mayor Swaim related that there is an apartment complex in Jacksonville that has gone into foreclosure and been placed in receivership, explaining that there are 12 to 14 families that have been notified that st they will have to move from the property by January 1. He stated that because the families would not receive a refund of their deposit it leaves them without funds to help get them into other properties. He stated that CDBG Director Teresa Watson has related that there are CDBG funds available to help in an emergency situation. He related that the estimated cost totals approximately $4,000.00. He stated that if conversations between Director of Administration Jay Whisker and the receivers are favorable, the tenants may be able to stay in the complex and this precaution would not be necessary. Alderman Sansing moved, seconded by Alderman McCleary to suspend the rules and place the item of emergency housing assistance on the agenda for discussion. MOTION CARRIED. Alderman Howard moved, seconded by Alderman Ray to authorize CDBG Director Theresa Watson to work with tenants, if necessary, to relocate these families, authorizing expenditure up to $4,000.00. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2008 7:00 P.M. – 7:37 P.M. Director Watson answered that three or four of the families are on disability and the remainder of the tenants are employed. Mr. Wilson offered that he may have units available in his trailer park. Mayor Swaim offered clarification, answering that the tenants have received a letter to move, explaining that the water bill for the complex had gone unpaid and the water was cut-off. He related that through negotiation, they were able to get the Water Department to turn the water st back on and at this point, the water will be turned off January 1. Director Watson then answered that not all 14 families would need assistance. In response to a question posed by Alderman Fletcher, Mayor Swaim explained that the City became aware of the situation because Code Enforcement has been dealing with complaints of no water and other deficiencies at the apartments. He related that the City has been working with the manager over the past few months to resolve those issues. He explained that at one point, the water was shut-off but the City was able to get the water turned back on, further explaining that the owners are out of State. Director of Administration Jay Whisker related that the owners have been deployed and the person taking care of the property has since turned it over to a third party. He related that as of today at 3:00 p.m. they learned that Fannie Mae has taken the owners to court and has gotten a management company to take over. He explained that he had contacted the management company to ascertain if the tenants would be able to stay and was told that it was uncertain because technically Fannie Mae is now the owner. He stated that they will be able to find out in the next few days what will happen regarding the tenants. Mayor Swaim then clarified that the apartment complex is the Manor House on Redmond Road near Dupree Park. He noted that the complex was rebuilt after burning in 1972 or 1973. Alderman Fletcher expressed the certainty regarding the need to help but issued concerns for setting a precedence. He added that any assistance would need to be clearly defined. Mayor Swaim related that the number of families have dwindled as the City has been involved trying to get the building up to code. He stated that the City does not have funds regarding this type of emergency, but CDBG does have funding for emergency type situations. It was clarified that each family would have to qualify for CDBG assistance funds. He stated that it is similar to a situation when a heating unit needs to be replaced regarding a person who qualifies for CDBG funding. He related that while that type of activity has been approved for Director Watson to 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2008 7:00 P.M. – 7:37 P.M. perform on a regular basis; she has not been approved to appropriate funding in this type of circumstance, adding that this is a one-time situation. He stated that this was the only opportunity to obtain st permission from City Council to move forward before January 1. Alderman Ray called for a question to the motion. At this time MOTION CARRIED. ANNOUNCEMENT(S): 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