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09 JAN 15.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P.M. – 7:53 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 January 15, 2009 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, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Aldermen Fletcher and Smith 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, Finance Director Paul Mushrush, City Planner Chip McCulley, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Wastewater Utility General Manager Thea Hughes, Wastewater Utility Supervisor Bob Johnson, Water Utility General Manager Mike Simpson, 911 Communications Director Brenda Skinner, Code Enforcement Officer Marty Sanady, Mrs. Judy Swaim, Mrs. Helen Stroud, Mrs. Paulette Howard, Mr. Troy Rinker, Mr. Tommy Dupree, Mr. Jim Peacock, Mr. Jack Danielson, 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 18, 2008 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 Ray that the minutes of the Regular City Council Meeting of 4 December 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Animal Control Report for December 2008 and the Annual Animal Control Report for 2008. Said report reflects: DECEMBER ANNUAL 2008 ADOPTION/FINES: $2,735.00 ADOPTION/FINES: $34,448.75 CONTRIBUTIONS: $ .00 CONTRIBUTIONS: $ 2,311.00 TOTAL: $2,735.00 TOTAL: $36,759.75 REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for December 2008. Said report reflects: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P.M. – 7:53 P.M. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 9 Building Inspections 28 Business License 6 Electrical 33 Plumbing 38 HVACR 27 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 5 Notice of Noncompliance 15 Property Mowed 0 Towed 0 Board windows/doors 1 Trash Letters 106 CONDEMNATIONS Trash Removal 4 Structural Maint. Letter 0 Property Maint. Letters 40 Structural repairs made 8 Cost $ 338.61 Demolitions 0 CITATIONS WARRANTS Debris & open storage 2 Arrest 0 Property maintenance 3 Search 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for December 2008 from the Jacksonville Fire Department, which reflects a fire loss of $30,750 and a savings total of $77,250. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for December 2008. Report reflects the Total Value of Reported Stolen Property pending. Total Value of Recovered Stolen Property pending and Total Report Sales $802. ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: 2008 Annual Report by Water Department General Manager Mike Simpson Water Department General Manager Mike Simpson offered an annual report summary to the City Council. He related that Jacksonville Waterworks had zero water quality violations in 2008 and currently meets or exceeds all Federal and State standards for safe drinking water. He reviewed field operation highlights: Waterworks maintenance crews have upgraded, relocated, and/or looped water lines and appurtenances that included 1,018 linear feet of mains, 11 valves, 2 fire hydrants and improving 104 existing water services. Maintenance crews have provided information for the update of our water distribution system grid maps and are continuing maintenance on over 3,000 valves and almost 1,000 fire hydrants. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P.M. – 7:53 P.M. Waterworks maintenance crews performed the annual water distribution- flushing program, flowing a total of 9 million gallons to flush the system. The Inspection Department inspected subdivision projects, which consisted of 16,379 linear feet of mains, 17 fire hydrants, 57 valves, and 224 new water services. The Inspection Department staff performed 2,023 waterline locations through Arkansas One Call, performed 391 subdivision inspections and 424 cross-connection inspections. He reported that the overall totals were 17,397 linear feet of new pipe installed, 19 fire hydrants, 68 new valves, 104 upgraded water services, and 224 new water services in new subdivisions. The Production Department completed four planned and seven unplanned projects for 2008, which included rebuilding High Service Pump #1 and the control valve to the Marshall Road elevated storage tank – wash out and inspection, and upgrading the chlorinator system at the East Treatment Plant to meet upcoming EPA regulations for ground water sources. He pointed out that water production decreased by .9% from 2007, adding that the total water production for 2008 was 1.5 billion gallons. The nonrevenue loss was 13.5% of total production, adding that the Water Commission has set the goal of 10% or below for nonrevenue water loss. He related the purchase of new electronic equipment in 2008 to assist in the discovery of leaks. He stated that in 2008 LRAFB accounted for 18% of the total production, Furlow Water Association was 5.1%, Bayou Two Association was 7.3%, City of Cabot was 0.7%, and the City of Jacksonville accounted for 68.9%. He pointed out that the average daily flow for the year was 4.1 million gallons per day. The maximum daily flow was 6.7 million gallons on June 16, 2008. He stated that total operating revenues increased by 1.4%, due to the final phase of a four-step water rate increase. Total overtime was 5.5% for the total payroll for 2008 as compared to 6.6% in 2007. Bad debts decreased to .9% from a total dollar figure of $23,797 in 2007 to $22,128 in 2008. Total active number for 2008 was 10,749. The Jacksonville Waterworks Water Master Plan was completed by Garver Engineers. Total number of employees licensed by the Arkansas Department of Health to operate the water system is nine. There are currently two additional employees working on their water licenses. Other employees are encouraged to pursue water licenses to enhance the professionalism of the Jacksonville Waterworks staff. He related that Ken Anderson retired as General Manager in July and he was chosen to fill that position. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P.M. – 7:53 P.M. He related that security enhancements continue to be implemented. He then noted that regarding employee recognition, Donald Allen received the Outstanding Achievement Award for Water Systems for utilities serving more than 5,000 in population from the Central District of the Arkansas Waterworks and Water Environment Association. The Water Commission, with particular appreciation to Thad Gray, was commended for their excellence. WASTEWATER DEPARTMENT: 2008 Annual Report by Thea Hughes Wastewater Utility General Manager Thea Hughes reported that they are in th their 13 consecutive year with zero treatment plant permit violations. She noted that there are only two cities in the State that have gone over ten years with zero permit violations, Jacksonville being one of the two. She explained that there was a surprise visit in June by the EPA inspector from Dallas who thoroughly inspected the plant and stated that the Plant was “phenomenal” and called it a “sewer park.” She related that they successfully treated 2,293,095,000 gallons of wastewater and accepted 3,606,000 gallons of landfill leachate from Two Pine Landfill. There were 640 grease trap inspections at local restaurants, 56 oil/water separators inspected at mechanic shops and garages. She added that they passed annual inspections by ADEQ in all areas and all industries are in compliance with their discharge permits. She related that they are continuing to rehabilitate, constructing 6,489 feet of new line, replaced 13 manholes, repaired 106 manholes, completed 27 spot repairs, and put a new liner in the NEPS wet well. Wastewater Utility responded to 190 main & service line customer calls, only 14 were due to rain; reminding the City Council that there was 71 inches of rain in 2008. She noted that there was 13” of rain for two days in September and 9 of the calls came in during that time. She explained that 49% of the calls were related to grease, which is a decrease from 71% last year. She related that the grease education program is starting to make a difference. She related that the Utility televised 61,129 feet of line for investigative purposes, accepted 510 feet of new subdivision line in Foxwood Gardens and inspected 254 private service lines. She explained that all agencies and engineers agreed that 50% of Inflow/Infiltration comes from privately owned service lines. She noted that 70 private service lines were repaired in 2008. She informed the City Council that the Jacksonville Wastewater Utility Service Line Policy is being reviewed by several cities for implementation and was used as an example in an engineering presentation at the National Water Environment Federation meeting. She related that operating revenue was down approximately 1.6% due to a decrease in water usage, adding that it was also the first year there was not a step-rate increase. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P.M. – 7:53 P.M. She concluded with licenses: Class I Wastewater 1 Class II 2 Class III 10 Class IV 4 CDL 12 Solid Waste 7 APIA 6 She thanked the City Council for an opportunity to update on the progress of the Wastewater Utility. Mayor Swaim noted that Ms. Hughes was selected as Wastewater Manager of the Year by the Wastewater Association. FIRE DEPARTMENT: POLICE DEPARTMENT: ORDINANCE 1358 (#1-09) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF RECORDS MANAGEMENT SYSTEM AND COMPUTER AIDED DISPATCH COMPUTER SOFTWARE AND EQUIPMENT, TRAINING, AND SUPPORT FOR THE JACKSONVILLE POLICE DEPARTMENT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Chief Sipes related that he had used the software at a previous police department, explaining that company support in comparison to other providers is excellent. He stated that the purchase of this software would bring the Police Department into NIBRS compliance, further explaining difficulties with the current software Sleuth. He related that this software would allow reporting from police cars, along with the ability to check warrants from the car, as well as mapping and GPS. He stated that the 911 Communication Center would also benefit from the purchase of this software, upgrading the CAD system. He then added that the Fire Department software would also interface with this software, allowing the firehouse to communicate with the CAD system. He reiterated that his experience regarding service with the company was very responsive. He noted difficulties with getting Sleuth to take responsibility when problems arise with the software. He stated that if the Police Department does not become NIBRS compliant we could face sanctions from ACIC. Alderman Elliott moved, seconded by Alderman Stroud to place Ordinance 1358 on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1358. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1358 on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P.M. – 7:53 P.M. Alderman McCleary moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1358 on SECOND READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1358. Alderman Stroud moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1358 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1358. Alderman Stroud moved, seconded by Alderman McCleary that Ordinance 1358 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman McCleary that the EMERGENCY CLAUSE be adopted and attached to Ordinance 1358. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1358 THIS 15 DAY OF JANUARY 2009. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. FINAL PLAT Lot 5, First Place Commercial Addition City Planner McCulley related that the final plat is to facilitate the construction and development of the Lighthouse Charter School. He related that all utilities are on site and access would be gained by a mutual access easement off North First Street. Alderman Howard moved, seconded by Alderman Ray to approve the Final Plat of Lot 5, First Place Commercial Addition. MOTION CARRIED. b. ORDINANCE 1359 (#2-09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY IN THE BROWN ADDITION ACROSS FROM SECOND BAPTIST CHURCH, NORTH JAMES STREET); AMENDING ORDINANCE NUMBERS 213 AND 238, AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Swaim related that the Ordinance is being removed from the agenda to be addressed at a future meeting. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P.M. – 7:53 P.M. GENERAL: a. Set Annual Planning Commission and City Council joint meeting It was the consensus of the City Council to have the meeting hosted by a facilitator. Alderman Stroud asked that the agenda be narrowed for better focus to five or six particular items. He asked for submittal of ideas from the Planning Commission and other City Council members as well as Department heads. Alderman Stroud suggested that the meeting be held on a Saturday. Mayor Swaim agreed to contact last year’s facilitator, Mrs. Dillard, and arrange a date and time for the meeting. b. Establish maintenance priorities prior to condemnation Mayor Swaim related that the item of business is being removed from the agenda to be addressed at a future meeting. c. Proposal to move forward on engineering regarding Capital Improvement Projects Mayor Swaim related that there has been a lot of news regarding what the new President is planning regarding infrastructure and the funding available to boost the economy. He explained contact with the Highway Department Planning Development District and the Metropolitan Planning Organization who are compiling a list of “shovel ready” projects. He noted that for cities this would require that the engineering and right- of-way work be completed or have a date of completion within a proposed timeframe. He reminded the City Council of available funding following the annexation of Gravel Ridge into Sherwood, mentioning projects such as the extension of Oneida Bridge and straightening Main Street. He proposed that the City Council commit to the expenditure to perform the engineering work for these two projects and possibly others, in the hope that the City might be able to be awarded some of the proposed infrastructure funding. He explained that while there is no guarantee of funding, it is certain that if the engineering work is not completed the City would not have the opportunity to participate. He noted that the City’s Graham Road Project is already on the TIP through the Metropolitan Organization, adding that project may move faster than proposed. He added that Graham Road is the only large project that the City has that is ready to move forward. In response to a question posed by Alderman Stroud, Mayor Swaim clarified the proposal is to do the West Main straightening and the Oneida Bridge linking it to the new section of West Main Street or Jacksonville Cut- Off. He noted that other projects could be added. He stated that the City did receive verbal approval for the new traffic light that the City is trying to get Federal funding for, at Harris and West Main Streets. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P.M. – 7:53 P.M. He added that the engineering is not completed but there is written approval from the Highway Department to fund that through Metroplan. He stated that funds are being set aside for that project. He noted that Director of Administration Jay Whisker is also proposing the extension of Emma Street to General Samuels Road. Alderman Stroud moved, seconded by Alderman Ray to move forward with RFQ’s for engineering firms to perform these projects. Mr. Tommy Dupree related that three years ago engineering work was performed for Dupree Brothers on Highway 67/167 and Interstate 440 regarding a commercial development project by the Dupree Brothers. He stated that the engineers came up with a proposal for doing a full interchange at the weight station and do away with the half interchange at Redmond Road. He noted that accidents from Main Street to I-440 have been tremendous, adding that traffic congestion has caused waits up to 3 and 4 hours. He stated that Dupree Brothers spent several thousand dollars on preliminary work, which was presented to the City regarding a proposal to go forward with the project there would need to be an additional amount funds to finalize a plan to go to the State Highway Department and to the Federal Highway Department to get that project ongoing. He stated that he feels 67/167 is the number one project that needs to be solved in North Pulaski County regarding the number of accidents, injuries, and deaths. He noted that it is not helping the image of the City to have that in the middle of town, adding that he would like to see the City move forward and spend some additional funds to achieve a finalized plan. He asked the City Council to consider this, saying that he feels it is a worthy project. Mayor Swaim stated that it could be considered when the City Council considers all projects. He then offered that in defense of 4 hour waits, a lot of that has to do with the current construction in the area. Mr. Mike Wilson concurred with Mr. Dupree, recalling an accident involving a tractor-trailer. He agreed that Federal funding would be a good opportunity for that area, also calling the project worthy. At this time, MOTION CARRIED. d. Request of land purchase for Reed’s Bridge Battlefield Alderman Ray moved, seconded by Alderman Sansing to take off table the request of land purchase for Reed’s Bridge Battlefield. MOTION CARRIED with Alderman Stroud voting NAY. Alderman Ray moved to appropriate $56,000.00 for the purchase of land for Reed’s Bridge Battlefield be approved. MOTION DIES for lack of second. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P.M. – 7:53 P.M. e. STATE OF THE CITY by Mayor Swaim Mayor Swaim stated that this year has been challenging but also rewarding. When the economy has major ups and downs, concerns arise about the funding for municipal operations. The stock market plunged, foreclosures are at an all-time high, financial institutions collapsed and we continue to be at war against terrorism; however, through it all, the City of Jacksonville continues to maintain a strong financial position. No budgeted items went unfunded during 2008 and the 2009 budget was adequately funded to continue existing services and also provided for additional capital projects with no new taxes or fee increases. We are projecting 2009 will be a good year for the City financially in spite of the economy. Some of the significant events during 2008 include: City and Federal funding for a Joint Education Facility in partnership with Little Rock Air Force Base; $5,000,000 from Jacksonville and $9,800,000 in Federal funds. Construction of a new 13,000 square foot library in downtown, which will open February 14, 2009. An agreement was negotiated to assure North Metro Medical Center would continue to provide healthcare for the Community. Lighthouse Academy was approved for a charter school. Significant progress was made in the efforts to obtain a Jacksonville school district. Completed collection of $4,000,000 that has been dedicated to the new Police & Fire Training Facility and the architectural renderings for the layout completed and available for viewing in the lobby. Completed renovation of fire station #3. Capital Projects funded for 2009: $250,000 phase I of renovations for Police station: 2 million total. $400,000 addition to 911 Call Center. $300,000 new lighting for ball fields in Dupree Park Phase I of a two to three year phased project. $1,400,000 to match a Federal Highway 80/20 Grant for Graham Road construction. Total cost: $7,000,000 with 80% paid by the Federal Government. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P.M. – 7:53 P.M. $1,000,000 dedicated to extending Oneida Street or straightening West Main Street. He noted that the Oneida Bridge is projected to be over 2 million dollars, adding that there is no projection at this time for the West Main Street project. $250,000 for a traffic light at Harris and West Main Street. Request has been made for Federal matching funds. $4,000,000 has been collected and dedicated in a special fund for the new Police & Fire Training Facility. $650,000 Capital Drainage projects. $250,000 Record Management System (NIBRS compliant) for Police Department. $8,275,000 total projects funded and set aside. He stated that the City is maintaining a fund balance for operational purposes, as requested by the auditor the City is maintaining a 60-day operational fund balance of approximately 3.5 million dollars. While some of these projects cannot be completed in one year, the funds are available and will carry forward until completion. As I was preparing this report, I remembered my first State of the City report twenty-two years ago. Things have changed. In the 1987 budget, there was an income reduction of $500,000 requiring a wage freeze for all City employees and a lack of funds for any capital improvement projects. The major issue then was dealing with the environmental problems that were plaguing our Community. I believe they have changed for the better. The elected officials, employees, and citizens have worked together in good times and hard times. Cooperation has been the glue to keep things together in our Community and I am pleased to have been a small part of the team that has worked so diligently to move our City forward. Thank you for allowing me to serve as your Mayor. Alderman Stroud commended the management and managers of the City, saying that most of all the Mayor has offered good management, saying that he is gratified to live in a City that is not dealing in “red ink.” Alderman Ray commended the Mayor, City staff, and Aldermen for their spirit of cooperation on behalf of efforts to make Jacksonville the best. He noted that in comparison to the difficulties of other cities, he is proud of Jacksonville. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P.M. – 7:53 P.M. Mayor Swaim read from a prepared statement. “When I first became the Mayor of Jacksonville, I had the mistaken ideal that I would be able to resolve all the issues and complete all the projects that were needed for our Community. I finally realized that there will always be issues to resolve and there will always be opportunities to improve the quality of life in our Community, because when a community is progressive and growing, there will always be things to do. Moreover, I realize that is not a bad thing that is actually a good thing. Judy and I have been discussing what we want to do with our future for over a year, and after 44 years of marriage, we still want to spend more time together and with our children and grandchildren. I have six granddaughters and one great granddaughter. Personally, I want to go fishing when I want to go and stay as long as I want to stay. When my daughter and son were growing up, I missed many of their activities because of my busy Mayor’s schedule. I do not want that to happen with my grandchildren. As you see from the State of the City Report, things are good in Jacksonville, things are happening for the betterment of our Community. And the future looks bright as long as our finances are managed properly. I want to inform the Council and the citizens of my retirement no later st than July 1 this year. It has been a hard decision for my family to make, but I am convinced that it is the right decision and it is the right time to make it. Thank you.” Alderman Elliott stated that he believes everyone is in shock, saying that Jacksonville has changed over the years, many good things have happened. He stated this comes as a surprise regarding timing, adding “we appreciate what you have done for Jacksonville and I am sure everyone feels that our City is in good shape compared to many cities”. “I have let it be known that I would seek the Office of Mayor when you retired, and it looks as though it will be sooner than anticipated”. Alderman Elliott officially announced his candidacy for Office of Mayor. There were well wishes from members of the audience as well as City Council members. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:53 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 11