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08 NOV 06.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2008 7:00 P.M. – 7:30 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 November 2, 2008 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Miss Genevieve Wilson led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Alderman Rinker was out of town. 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, Finance Director Paul Mushrush, 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. Larry Smith, 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 October 16, 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 2 October 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Report for October 2008. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 17 Building Inspections 43 Business License 11 Electrical 62 Plumbing 46 HVACR 36 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 44 Notice of Noncompliance 15 Property Mowed 31 Towed 0 Board windows/doors 2 Trash Letters 42 CONDEMNATIONS Trash Removal 9 Structural Maint. Letter 0 Property Maint. Letters 4 Structural repairs made 0 Cost $4,439.10 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2008 7:00 P.M. – 7:30 P.M. CITATIONS WARRANTS Debris & open storage 0 Arrest 5 Property maintenance 4 Search 1 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Animal Control Report for October 2008. Said report reflects: ADOPTION/FINES: $2,945.00 CONTRIBUTIONS: $ .00 TOTAL: $2,945.00 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: Request to accept bid for Incident Command Simulation Software Chief Vanderhoof explained that the request is part of the FEMA Grant monies received earlier in the year, adding that the total for this package is $35,700.00. He related that two bids were submitted and he is requesting the bid of $27,950.00 from Command Sims. He explained that the low bidder did not meet specifications. He noted that a letter of justification accompanied the bid. Alderman Elliott moved, seconded by Alderman Ray to reject the low bid and accept the higher bid from Command Sims in the amount of $27,950.00. In response to a question posed by Alderman Fletcher, Chief Vanderhoof responded that the low bidder made exceptions to the specifications. At this time, MOTION CARRIED. Mayor Swaim noted that the funds are grant funds from FEMA. POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. 2009 CDBG Annual HUD Update of Five-Year Strategic Consolidated Plan Alderman Smith moved, seconded by Alderman Ray to approve the 2009 CDBG Annual HUD update of the Five-Year Strategic Consolidated Plan. MOTION CARRIED. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2008 7:00 P.M. – 7:30 P.M. The City Council commended CDBG Director Theresa Watson for her work on the plan, saying that it is a very comprehensive plan. b. ORDINANCE 1353 (#20-08) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES. Mayor Swaim explained that Ordinance 1353 directs liens regarding maintenance, mowing, or debris removal performed by low bid on behalf of the City regarding private property, adding that State law allows cities to file liens against the property on the property owner’s taxes. He noted that the lien list amount this year is $46,773.70. He then clarified that demolition of condemned houses are the larger amounts on the list. Alderman Ray moved, seconded by Alderman Stroud to place Ordinance 1353 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1353. Alderman Stroud moved, seconded by Alderman Smith to APPROVE Ordinance 1353 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing to place Ordinance 1353 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1353. Alderman Fletcher moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1353 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1353. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1353 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1353 THIS 6 DAY OF NOVEMBER 2008. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2008 7:00 P.M. – 7:30 P.M. c. Request land purchase for Reed’s Bridge Battlefield Mayor Swaim related that this item is a request from the Reed’s Bridge Battlefield group to purchase a piece of property for the Battlefield. Alderman Stroud asked for a show of hands from members of the City Council that had visited and viewed the property. Mr. Tommy Dupree offered brochures for the Sesquicentennial Commission of the State and a handout regarding the website “ArkansasCivilWar150.com” that went online in the middle of August. He pointed out that according to statistics, and without publicity, the website has consistently increased in hits, regarding inquiries as to Civil War activities offered in the State of Arkansas. He stated that this falls in line with the Reed’s Bridge project, pointing out that the Museum has linked up with the Civil War Sesquicentennial website. He related that any qualifying entity can contact Mark Crisp and be linked to the website. He noted that there will be a schedule of activities on the website pertaining to activities within the State, adding that there would be five major projects sponsored by the State. He related that the first project will begin in Little Rock and the last one will end in Little Rock. He added that the other projects would be scattered around the State. He stated that in 2004 Reed’s Bridge had appraisals performed on several properties that they were interested in trying to acquire and the property owners were interested in selling. He related that the bulk of those properties have been purchased, saying that this is the last appraisal of the ones performed in 2004. He stated that the 2004 appraisal of this property was $32,000.00, explaining that once the group began trying to obtain funding to purchase the property, the owner stated that the offering price of $32,000.00 was too low. He continued explaining that the owner produced another much higher appraisal. He stated that in conversations he told the owner that the appraisal was much too high, suggesting to the owner that he have another appraisal done on the property. He related that he asked the owner to forward that appraisal, offering that he would see what could be done. He explained that with that, the group voted to approach the City to see if the City would acquire the property to go into the park system. He explained that they met with Mayor Swaim and discussed the request of $57,000.00 being the top end, which is the owner’s asking price and an additional $15,000.00 to pay off a note on other land and activities done in the past. He explained that Mike Wilson has purchased properties to match the last funds and would try to match the requested $15,000.00 regarding this request. He explained that the City has two appraisals one being the 2004 - $32,000.00 appraisal and the new appraisal. Alderman Stroud asked Mr. Dupree if he was aware that the property has a 400 square foot hole on the south side of the property that is covered with a tarpaulin. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2008 7:00 P.M. – 7:30 P.M. Mr. Dupree answered that he was not aware of the hole, explaining that his function is to bring information before the City, adding that he is not a negotiator for the City. He continued saying that their request of the City is to purchase the property if feasible. He stated that the property would belong to the City. Alderman Stroud stated that while he supports the concept of Mr. Dupree’s group he does not feel that this is a reasonable price given the poor condition of the property. He stated that he would support the expenditure of $15,000.00 to pay off the indebtedness, but added that he would not support the asking price of the property owner. Mr. Dupree reiterated that he is not trying to negotiate for the City, adding that he is presenting information for the City to decide if it desires to purchase or if purchase is feasible at this time. Alderman Stroud stated that he is disappointed that the property is not on the condemnation list. Alderman McCleary clarified that the $57,000.00 appraisal is a 2008 quote. Mr. Dupree then answered that he had not been to the property recently, and Alderman McCleary related that he had visited the property today, saying that he would agree with Alderman Stroud. Mr. Dupree stated that he is not before Council to defend the appraisal, explaining that in 2004 the appraisal included several pieces of property, which have now been transferred to the City excluding this one piece appraised at $32,000.00 in 2004. He explained that the owner was not satisfied with that appraisal, so he suggested that the property owner obtain an appraisal from an accredited appraiser then he would take that information to the City. It was noted that the property consisted of slightly less than ½ acre (23,501 square feet). Alderman Ray noted that in efforts to link the Civil War history together, some properties would be in better shape than others. He stated that you have to consider the whole picture when considering these properties. He pointed out that with the budget this particular time is not the best time. He offered that it could be budgeted for 2009 if deemed feasible. Mr. Dupree stated that he felt the owner would hold off until next year. He stated that he is only delivering information to the City, adding that what can be worked out between the City and the seller is out of his hands. He reiterated that he is not a negotiator on behalf of the City. Alderman Fletcher stated that while he has not seen the property, his feeling is that if the structure is as bad as Alderman Stroud and 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2008 7:00 P.M. – 7:30 P.M. Alderman McCleary stated that he would like to visit the property before making a decision to purchase. He stated that he would not be in favor of paying $56,000.00 for a half acre of land and then have the expense of tearing down a house that is located on the property. He added that it would be hard to justify that to the citizens. He reiterated that he is not ready to make a decision tonight until he feels comfortable with the decision. Mr. Dupree then answered Alderman Smith that the Reed’s Bridge group made an offer on the property that was good for 120 days, adding that the offer was subject to funding. In response to a question posed by Alderman Fletcher, it was noted that the existing rock house structure is approximately 1430 square feet. Alderman Ray moved, seconded by Alderman Stroud to table the funding request pending additional information. MOTION CARRIED. d. Request to accept bid for asbestos removal and demolition Mayor Swaim related that the asbestos removal and demolition bid is concerning condemned houses in the City. He noted the list that was approved previously by City Council, explaining that the properties were bid. Alderman Stroud noted that there was new legislation that allowed demolition of one house per block annually without asbestos abatement, questioning if City Planner McCulley was aware of that legislation. City Planner McCulley replied that he was not aware of that new legislation. Mayor Swaim stated that to his knowledge there is no waiver for asbestos abatement. Discussion ensued and City Attorney Bamburg clarified that there was new legislation in 2007, explaining that it offers certain waivers to the asbestos removal process, but there still has to be an assessment plus it depends on where the properties are located to determine if any of the houses would qualify for that level of exemption. He stated that since he was not involved, he is not sure if this was addressed specifically within the bidding process. He stated that he would assume that any bidder would have included that in the way they bid the project. City Planner McCulley answered that approximately six properties were included in the bidding process, explaining that some of the structures were little more than a foundation to demolish. He related that there were four bidders for the project, noting that Youngblood Excavation & Demolition was the low bidder at $33,795.00. He related that if approved 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2008 7:00 P.M. – 7:30 P.M. Youngblood would sub-out the asbestos abatement to Snyder Environmental. He stated that both Youngblood and Snyder were checked and they do qualify for all insurance, adding that it is his recommendation to go with the low bidder. Mayor Swaim noted that the high bid was $72,100.00. Alderman Smith moved, seconded by Alderman Stroud to accept the low bid from Youngblood Excavation & Demolition in the amount of $33,795.00 with funds to be drawn from budgeted funds. MOTION CARRIED. e. Request to set annexation public hearing November 20, 2008 at 7:00 p.m. regarding property on General Samuels Road. Alderman Elliott moved, seconded by Alderman Sansing to set an annexation public hearing November 20, 2008 at 7:00 p.m. in the City Hall City Council chambers regarding property on General Samuels Road belonging to Emmanuel Bible Fellowship Church. MOTION CARRIED. ADDITION TO AGENDA: Christmas holiday schedule for City of Jacksonville employees Mayor Swaim reminded the City Council that the City of Jacksonville observes the same holiday schedule as the State, informing that the Governor has declared the day after Christmas for the 2008 calendar year as a State holiday. He asked if the City Council wishes to observe that day as a holiday along with the State. Alderman Ray moved, seconded by Alderman Smith to suspend the rules and place the proposal to have December 26, 2008 observed as part of the Christmas Holiday on the agenda. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith to add the day of December 26, 2008 to the 2008 approved scheduled of paid holidays for City of Jacksonville employees. MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:30 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 7