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09 JUL 16.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16, 2009 7:00 P.M. – 7:55 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 July 2, 2009 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, and Howard answered roll call. Alderman Ferrell was absent. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administration Jim Durham, City Engineer Jay Whisker, Nick Whisker, Public Works Director Jim Oakley, City Planner Chip McCulley, Human Resource Director Jill Ross, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel, Accounts Payable Clerk Debbie Jernigan, Parks and Recreation Director Kristen Griggs, Mary Twitty, Mike Wilson, Tommy Dupree, Curtis Green, Otis Stewart, Becky Brooks, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of June 24, 2009 and the July 2, 2009 minutes for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for June 2009. Said report reflects: ADOPTION/FINES: $3,435.00 CONTRIBUTIONS: $ 60.00 TOTAL: $3,495.00 REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2009. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 26 Building Inspections 41 Business License 10 Electrical 50 Plumbing 39 HVACR 36 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16, 2009 7:00 P.M. – 7:55 P.M. UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 229 Notice of Noncompliance 24 Property Mowed 66 Towed 0 Trash Letters 45 CONDEMNATIONS Trash Removal 2 Structural Maint. Letters 24 Property Maint. Letters 26 Structural repairs made 0 Cost $2,478.24 Demolitions 0 CITATIONS WARRANTS Debris & open storage 0 Arrest 0 Property maintenance 1 Search 2 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2009 from the Jacksonville Fire Department, which reflects a fire loss of $88,000 and a savings total of $134,500. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2009 regarding 2009/2008 yearly crime statistical comparisons. Alderman Stroud noted, and Public Works Director Jim Oakley concurred that the number of Pit Bull bites has decreased significantly since the adoption of the Pit Bull Ordinance. It was noted that registered Pit Bulls would be the dogs that were in the City prior to the adoption of the ban. Alderman Stroud then confirmed with City Planner Chip McCulley that an administration fee of $30.00 is being added to repeat offenders regarding grass codes. A brief discussion ensued regarding difficulty of arrest for littering. Public Works Director Jim Oakley noted that one person was prosecuted in the past two years for littering. Alderman Stroud noted that the program to use prisoners to pick up litter has made a significant difference. Director of Administration Jim Durham suggested increasing the fine for littering and posting signage in the City to alert the public of the ramifications of littering. It was noted that this approach has been successful in other areas. In response to a question from Alderman Sansing, Public Works Director Jim Oakley related that consideration to implement a shift change is being evaluated beginning this week. Alderman Sansing noted that the elementary 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16, 2009 7:00 P.M. – 7:55 P.M. schools begin before Animal Control starts work in the morning and there have been reports of dog incidents around the schools. Alderman Howard questioned the possibility of having the insurance rating lowered from a Class III to II; Chief John Vanderhoof explained that currently the City has a Class III ISO insurance rating. He stated that the City has been working hard to lower the rating with equipment and generators, adding that the only component lacking at this stage is the proposed training ground and drill tower. He related that with the completion of those items, he feels the City will be lowered to a Class II ISO rating. It was noted that the City of Cabot’s rating is a Class III- VII to IX and Sherwood is a Class II with parts being rated a Class II-IX. In response to a question from Alderman McCleary, Chief Sipes explained that juveniles picked up on curfew violations are taken to the Police Department and the parents are called; adding that the second time a juvenile is picked up the Department issues a ticket to the juvenile and the third time the parent receives the ticket requiring a court appearance. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: Request to accept bid for Digital Phone System Finance Director Paul Mushrush stated that he has reviewed the bids to make certain they meet specifications; adding that the Police Department has recommended the low bidder CenturyTel. Alderman Smith moved, seconded by Alderman Elliott to approve the low bid of $28,224.00 from CenturyTel funded from budgeted funds. MOTION CARRIED. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: Request to accept bid for the Police & Fire Training Facility City Engineer Jay Whisker related that four million dollars had been set aside for the project. He then explained that originally it was assumed that the proposed classroom would not be included because of costs, but with the low bid from Kullander Construction, there will be enough funds to now include the classroom as part of the initial project. He related that part of the project that is currently underway was not able to be bid at this time, which will require a change order of approximately $300,000.00 that will be brought back to the City Council. He clarified that there was some difficultly regarding bidding of the thermal 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16, 2009 7:00 P.M. – 7:55 P.M. linings and fire brick, which later resulted in $268,000 plus any overruns regarding the earth work. He stated that there is approximately $800,000 in the budget for the classroom and the architect is working on a design for the classroom. It was noted that the construction period would be approximately ten months. Alderman Elliott moved, seconded by Alderman Stroud to accept the low bid of $2,259,000 from Kullander Construction. MOTION CARRIED. APPOINTMENT(S): HOSPITAL BOARD Alderman Smith moved, seconded by Alderman Sansing to approve the appointment of Tommy Swaim to fill the unexpired term of Pat Griggs to expire 6/30/2011 and the reappointment of Mack McAlister for a term to expire 6/30/2014. Mayor Fletcher announced that thanks to Senator John Paul Capps the City received a check in the amount of $35,000 to be used for infrastructure, adding that it is being projected for the Main Street intersection to create decorative lighting. ADDITION TO AGENDA: Proposal to purchase vacant lot on Church Street Mayor Fletcher informed the City Council that a realtor contacted the City with regard to interest in purchasing a vacant lot on Church Street that backed up to the adjacent Johnson Park. Newly promoted Parks and Recreation Director Kristen Griggs informed the City Council that if the lot is purchased they plan to clear the wooded lot to provide visibility from Church Street for greater security. She noted that the asking price is $6,000. Alderman Ray moved, seconded by Alderman Smith to suspend the rules and place the proposal to purchase a vacant lot on Church Street. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman McCleary to allow the Mayor and City Clerk to negotiate purchase of the vacant lot on Church Street adjacent to Johnson Park. MOTION CARRIED. 2010 Census Director of Administration Jim Durham informed the City Council of his current efforts regarding the 2010 Census, stressing the importance of the count, and noting that each person is equal to $1,000 per year regarding State and City funding. He related efforts to have the clubs and organizations participate in a partnership agreement with the Census. He requested assistance from members in obtaining emails to disseminate information to the local club entities regarding generating public interest in filling out the Census forms. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16, 2009 7:00 P.M. – 7:55 P.M. Landlord Association Director of Administration Jim Durham announced that a Landlord th Association meeting would be held at the new library, July 30 at 1:30 p.m. He related that the main goal is to involve landlords in helping to clean up Jacksonville. He noted that stricter legislation would be considered to help in those efforts. A brief discussion ensued and the importance of participating and being counted in the 2010 Census was reiterated. Reed’s Bridge Battlefield Society Mr. Tommy Dupree addressed the City Council explaining that since the last meeting when this was discussed, the Society has received a $10,000 donation toward the purchase of the rock house. He added that they have obtained prices regarding remodeling and refurbishment, further noting that the outside of the property has been cleaned up. He related that Mr. Dale Johnson would offer the City Council information regarding prices to remodel. He then briefly described areas needing remodel and interjected the importance of this project, citing a circumstance of encountering museum visitors who were interested in the Civil War and Sesquicentennial activities in 2011. He noted opportunities to have fundraisers. Mr. Johnson offered the City Council the following breakdown of costs: Painting inside $ 2,700.00 Painting outside 900.00 Replace roof 3,260.00 Termite treatment 438.70 Attic insulation 660.00 Rock wall repair 2,500.00 Electrical 5,910.00 Plumbing to repair one bathroom & Add one bathroom 6,200.00 Carpentry work on frame 3,200.00 Carpentry work on trim 1,600.00 Repair floors 1,750.00 HVACR 5,250.00 Concrete front porch 2,700.00 He speculated that the total costs of repairs would be approximately $37,068.70. He related that these are mostly solid bids, adding that the insulation contractor is Whit Davis and the termite contractor is Arkansas Exterminating. He continued that the electrical contractor is Taylor Electric and the carpentry work would be in-house. He noted that a lot of the labor would be donated. Mr. Dupree stated that the Society is not asking for the repair monies but is requesting that the City purchase the property. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16, 2009 7:00 P.M. – 7:55 P.M. In response to a question from Alderman Smith, Mr. Dupree stated that the 2004 appraisal of the property was $32,000 or $33,000 approximately. He stated that after two additional appraisals, Mayor Swaim was able to negotiate a price of $42,000. Alderman Ray moved, seconded by Alderman Rinker to suspend the rules and place the item on the agenda. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Rinker to authorize the City to enter into a purchase agreement up to $32,000 to purchase the property for the Reed’s Bridge Battlefield Preservation Society. Alderman Sansing questioned clarification as to the financial standing regarding projections. Finance Director Paul Mushrush answered that the City is on target with the projections of the financial statements and are on target with revenues, adding that he does not perceive there to be any shortages. He stated that all projections used were conservative, especially the sales taxes. He stated that the General Fund is at 54% and that is right on target for the year. He then answered that the aggregate sales taxes for the year are down approximately $150,000 but not all of that was budgeted to keep from running into a budgetary shortfall. He stated that monies that are unbudgeted, that comes in over what is used, goes back into projects, General Fund, etc. He then concurred that the City is in good shape financially and no funds are being taken from necessary City services to fund this request. Alderman Sansing stated that much of his previous objection to the request had been his concern for the City paying full price for a piece of property that was overpriced during a difficult economic situation. He stated that the amount of donations helps to relieve those concerns. At this time, MOTION CARRIED. ANNOUNCEMENT(S): Mayor Fletcher announced and encouraged attendance to a public hearing regarding the new school district boundaries next Thursday, 6:30 p.m. at the Bayou Meto Elementary School. Mr. Curtis Green of 43 Georgeann, presented concerns for procedures to control animals in fenced areas. He related a situation adjacent to the rear of 50 Georgeann Drive, noting that an unfriendly dog lives at the adjacent property. He stated that he has had to call Animal Control twice, adding that his daughter who lives at 50 Georgeann is afraid of the dog. Public Works Director Jim Oakley stated that he would review the records to determine if the dog had been declared vicious, adding that if the dog is vicious it would have to be kept on a chain when in the yard. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16, 2009 7:00 P.M. – 7:55 P.M. Mayor Fletcher noted that the fence height requirements may need to be reviewed regarding various types of animals. Mr. Justin Kurtz of 504 West Martin stated that he had received a letter from the City to mow his yard, explaining that he has given a section of his yard to God, to go natural. He stated that he has done this because he was unable to get anything to grow in that area of his yard because the soil has been depleted from the former owners having grown a garden. He related that the only thing that will grow is wild flowers, explaining that he realized as he was mowing that he was mowing over bees, noting that bees are becoming extinct. He reiterated his commitment because of ecological reasons to let his yard go natural. He asked that the City allow him to continue, saying that he is unaware of any complaints by neighbors, adding that Code Enforcement was not easily able to detect the area. He offered to show City Council pictures of his yard, saying that it is not very visible from the front street, adding that the rest of the yard is maintained. Alderman Ray ascertained the correct address, noting that he has friends he exercises with from Martin Street that constantly complain about a back yard that is never mowed. He stated that he would check to determine if in fact this is the same address. Mr. Kurtz stated that he felt the letter from Code Enforcement was threatening and ridiculous, and not the way to encourage people to care for their properties. He then answered that he estimates that the space is 10’ X 30’, adding that he maintains around the fence line. He offered pictures from the street view, saying that in his opinion it is not offensive to anyone. Mayor Fletcher noted ongoing efforts to cleanup Jacksonville, and cautioned that as a City we have to be careful not to open a situation that deters from those efforts. He asked that City Planner Chip McCulley investigate the situation and report back. Mr. Kurtz stated that we may have to allow more grass to grow to encourage beneficial animals to come back to our properties by having some wild flowers and clover. Mr. Tommy Dupree complimented the City Council as good stewards of the taxpayer’s money, thanking the City Council for the monies to move forward with this project for the Reed’s Bridge Battlefield Society. Mr. John Wray of 1704 Troop Court voiced concerns for the clearing of trees adjacent to his property, which has opened the area for miscreants to travel from General Samuels into the Base Meadows Subdivision. He added that in the process a large drop off between properties was left. He stated that he would like to find out what the Church plans and if a retaining wall can be erected to further protect his property values. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16, 2009 7:00 P.M. – 7:55 P.M. In response to a question from Mayor Fletcher, Mr. Wray answered that he had spoken with City Planner Chip McCulley, adding that he needed to bring it to the City Council to express what he and his neighbors would like to have done. He added that he does not feel that the Church took into consideration, with their expansion, how that would affect other property owners. Mayor Fletcher took his phone number, offering to further investigate the situation. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:55 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 8