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09 NOV 19.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7:00 P.M. – 7:46 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 19, 2009 at the regular meeting place of the Council. Alderman Smith 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, Ferrell, Stroud, and Twitty, answered roll call. Mayor Fletcher also answered roll call declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administration Jim Durham, City Engineer Jay Whisker, CDBG Director Theresa Watson, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel, Parks and Recreation Director Kristen Griggs, Public Works Director Jim Oakley, Human Resource Director Jill Ross, Police Chief Gary Sipes, Fire Chief John Vanderhoof, Glenda Fletcher, Nola Ferrell, Addie Gibson, Mike Wilson, Jim Moore, Jack Danielson, Tommy Dupree, Ted Belden, Annabelle Davis, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of November 5, 2009 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 15 October 2009 and the special City Council meeting of 8 October 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Alderman Stroud asked City Engineer Whisker to update the City Council regarding major City projects. City Engineer Whisker informed the City Council that engineers have been assigned to the City’s road projects. He related that the field work and concept designs for the Main Street straightening and Oneida extension have begun. He stated that Emma Street is still in concept design, explaining that the cross section affects the entire project and the engineers are waiting for further input from the City. He stated that the concept design for Main, James, and Dupree has been completed but because it is integral with the lights and trees, the concept design is being further considered before starting on the complete design. He stated that because Harris and West Main involves Federal funding, it has taken awhile to get the contracts signed; just now the final contracts have been approved through the Highway Department for Federal monies. He then noted that Fire Station #4 has been completed with only minor items to be worked out. He related that the Police and Fire Training Facility is underway, noting that the Fire tower is currently being constructed. He added that the pad dirt work is completed and the drainage system has 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7:00 P.M. – 7:46 P.M. been installed. He then related that the Farmer’s Market will be bid before Christmas and should be before the City Council at the last City Council meeting of December. He related that the 911 center required the clearing of the front to get a topographical survey to determine how the building will be situated. In response to a question from Alderman Smith, City Engineer Whisker stated that funds for the straightening of West Main were set aside from the funds that would have been used if Gravel Ridge had been annexed. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Stroud to approve the Regular Monthly Report for October 2009 from the Jacksonville Fire Department, which reflects a fire loss of $363,000.00 and a savings total of $408,000.00. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Stroud to approve the Regular Monthly Report for October 2009 regarding 2009/2008 yearly crime statistical comparison. ROLL CALL: Aldermen: Elliott, Smith, Sansing, McCleary, Ray, Ferrell, Stroud, and Twitty voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: ADDITION TO THE AGENDA ORDINANCE 1388 (#31-09) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF FIVE (5) VIDEO POLICE UNIT SYSTEMS, ACCESSORIES, HARDWARE, AND SOFTWARE FOR THE INSTALLATION IN PATROL UNITS FOR THE JACKSONVILLE POLICE DEPARTMENT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1388 (#31-09) on the agenda. ROLL CALL: Aldermen Elliott, Smith, Sansing, McCleary, Ray, Ferrell, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. Alderman McCleary moved, seconded by Alderman Ray to place Ordinance 1388 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1388. Alderman Stroud moved, seconded by Alderman McCleary to APPROVE Ordinance 1388 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7:00 P.M. – 7:46 P.M. Alderman Smith moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1388 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1388. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1388 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1388. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1388 be APPROVED AND ADOPTED. Police Chief Sipes explained that the purchase is part of a grant received by the Police Department, adding that this will allow for all the patrol cars to have video cameras. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1388 THIS 19 DAY OF NOVEMBER 2009. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. Foxwood Country Club Partnership with City of Jacksonville Mr. Ted Belden offered information to the City Council, saying that his main purpose is to explore possibilities that will ensure that the Club will remain a viable amenity and asset for the community of Jacksonville. He stated that he has owned the Club for a long time and it has been a labor of love for him, but not a financial success. He stated that the Club is a community asset, adding that he believes the Club can provide opportunities that would be beneficial to the City to make it better. He related opportunities to increase Club revenues, explaining that expenses are fixed. He stated that his main goal tonight would be to ask that a task force be formed to study the issue of a partnership. He asked for the opportunity in a smaller setting to explore and share negotiations to form a mutually beneficial agreement. He offered the 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7:00 P.M. – 7:46 P.M. following eleven (11) points which make this opportunity a viable project.  The Golf Course would become a sustainable and viable amenity for the City.  It will help facilitate the attraction and retention of new residents to the City of Jacksonville.  It will also help facilitate the attraction of new businesses to our community.  This partnership would result in reduced fees for the citizens of Jacksonville.  An expanded park system on undeveloped land (an adjoining undeveloped 40-acre triangular shaped property).  He stated that as owner, he would continue to make all major capital improvements to the Club under a partnership.  He stated that it would be a predetermined amount of money from the City, 20% of operating expenses. (operating expenses 1.2 million), adding that as profits are realized that money would return to the City with an opportunity to make more than the investment.  Our children would have expanded recreational opportunities.  An attraction to visitors from other communities (half of revenue is derived from visitors). He introduced the Foxwood Country Club staff. Alderman Stroud stated that originally he was against the proposal, adding that since then he has talked with individuals that have offered him further insight. He stated that he now believes it might be a good opportunity, but considering what happened in Sherwood with their golf course, he believes there needs to be more feedback from the citizens. He stated that he would be in support of further discussions, suggesting that it be tabled pending further input from citizenry. Alderman Smith concurred with tabling the proposal currently, offering his support for the formation of a committee. Mr. Belden then concurred that the City contribution would be approximately $200,000 annually. He reiterated his support to have the proposal studied under committee with citizenry input. Alderman McCleary concurred support for the formation of a committee in order to make an informed decision. Mayor Fletcher reminded the City Council that the preliminary budget is being offered tonight, noting that Mr. Belden is probably wanting to resolve the matter shortly. Mr. Belden offered that he feels it needs to be discussed and put into the budget for this year. He stated that he feels it is a priority and would like to see it be worked out. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7:00 P.M. – 7:46 P.M. Mayor Fletcher stated that the budget being presented is a balanced budget, reminding the City Council that if they choose to make a new expenditure then the budget would have to be amended in other areas. He stated that in order to add this line item expense, other items would have to be removed. Mr. David Krenn of Sioux Trail in the Northwood Subdivision, related that his property backs up to the Country Club property. He stated that he and his neighbors have expressed concerns regarding the work that Mr. Belden is doing now. He continued saying that it seems Mr. Belden has ignored them, regarding cleaning up the property along with drainage issues. He stated that while he has not been a good neighbor to residents of the Subdivision; he wants the City to come forward and hand him money. He stated that he does not feel that to be a good partnership because Mr. Belden has not stepped up to help out with the problems he created regarding flooding and water runoff. He stated that he is aware that the City has spoken with Mr. Belden regarding the situation. He stated that before Mr. Belden should expect anything for the Country Club, he should step up and clean up the situation that is affecting the residents behind the Club. He related that he was unable to mow his yard on four occasions because of standing water from the runoff. He stated that there are big piles of brush, which have brought problems with raccoons, possums, snakes, and rats. He stated that he would like to see Mr. Belden correct the situation he created before the City hands him money. Mr. Phillip Carlisle stated that the Golf Club has a first class golf course, comparable to any city, adding that it is an amenity to be proud of. He continued saying that the golf course is a huge asset to the City. He stated that more out of town visitors come and spend money at the Golf Club than he surmises is spent for the Museum or the Reed’s Bridge Battlefield. He stated that he feels that it would be a great asset to the Parks and Recreation system. Alderman Twitty stated that she does believe it is an asset to the City, warning that if it does not remain in Jacksonville, it might move to Cabot. Alderman Ray offered to work with a committee, along with representation from the Parks and Recreation Department, to study the feasibility. Discussion ensued and Aldermen Elliott, Smith, and Ray volunteered to serve on a subcommittee of the City Council to address a study regarding a partnership between the Foxwood Country Club and the City of Jacksonville. Mr. Jim Moore stated that he is not sure it is a good ideal for the City to enter into a partnership with a private enterprise such as Foxwood Country Club and expend taxpayer monies when there are so many other 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7:00 P.M. – 7:46 P.M. needs in the City more pressing to be addressed. He cited that there are streets that need to be paved, and sidewalks that are not ADA compliant. He stated that additional updated equipment is needed for Fire and Police. He stated that if a committee is formed there needs to be other individuals besides City Council members, noting that two of the Aldermen live in Foxwood. He then answered Mayor Fletcher that he would volunteer to serve on a committee. Jim Moore, Annabelle Davis, David Krenn, Parks and Recreation Director Kristen Griggs, and Parks and Recreation Commissioner Bobby Alton, and Ted Belden were added as members to the committee. Alderman Ferrell volunteered to serve. Alderman Smith moved, seconded by Alderman McCleary to table the proposal and form a Committee. MOTION CARRIED. b. Request from Reed’s Bridge Battlefield Preservation Society to purchase lot at Dennis Lane and Hwy. 161 Mr. Tommy Dupree addressed the City Council, explaining that the Reed's Bridge Battlefield Preservation Society is asking for the City to set aside funds in either this year’s budget or the next to acquire the corner lot at Dennis Lane and Hwy. 161, across from the Fire station and the Entergy transmission station. He stated that the Society believes the lot would be a good area for parking. He noted issues of traffic congestion regarding last year’s re-enactment, adding that there will be a full re-enactment in October of 2010. He answered that the lot is listed for $20,000.00, explaining that the lot is 145’ X 85’. Alderman Sansing called for Mr. Dupree and Mr. Belden to take note that the City revenues are down; pointing out that the proposed budget for 2010 is approximately $250,000 less than the previous year. He recalled that on July 16, 2009, the City Council approved $32,000 to the Reed's Bridge Battlefield Preservation Society to purchase requested property. He noted the parking problem but pointed out that there is a large area available at the substation that was underutilized during the last re- enactment, which should be fully utilized to have safe parking. He stated that he does not like the fact that they have come back to the City Council twice in the same year, during a downturned economy and the City needs to be more concentrated on giving the taxpayers their money’s worth and their money back. He stated that the company he works for has had multiple layoffs of 300 employees this year, saying that this is what the working people have to deal with. He stated that he sometimes believes there are people in this town who have their heads in the clouds and do not realize exactly what the economic situation is. He stated that he believes there are a lot of citizens in the Ward he represents that are worried about what is happening week to week. He added that he does not favor the request and feels that the timing is very poor. He stated that he feels the request is insensitive. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7:00 P.M. – 7:46 P.M. Mr. Dupree noted that the Reed's Bridge Battlefield Preservation Society is trying to promote business for the community, anticipating that visitors will come to area, attend these events, stay in the area, and spend money; which would be a positive for the City. Alderman McCleary stated that when the $32,000 was approved in July, it was his understanding that they would not need any further funding for some time. He continued saying that it was his understanding that the Reed's Bridge Battlefield Preservation Society was going to perform a lot of the work in-house. He added that he would like to see more progress before they come back asking for more money. He stated that in these economic conditions $20,000 is a lot of money, even if it does not seem so. Alderman Ray stated that he is one of the supporters of the Reed's Bridge Battlefield Preservation Society, noting that there has been a lot of work in the area. He stated that someone is always working even on the weekends. He stated that the Reed's Bridge Battlefield Preservation Society appreciates the money that the City Council has appropriated and the Society is working to shore the site up, noting that it is on the National Registry. He stated that it is going well and is a viable entity for the City. Alderman Stroud noted that he understands when property becomes available they would want to purchase, and so far every time the City Council has helped with those requests. He added that as a member of the Advertising and Promotions Commission he is aware they are asking for money from them. He stated that the last lot purchased was overpriced, but with a $10,000 grant the City added $32,000, and now you want $40,000 from the A&P Commission to repair the rock house. He stated that as an A&P Commissioner, he is not going to vote in favor of that request. He stated that the economy is in trouble, noting that Verizon just made an announcement that they are going to start laying off employees. Mr. Jack Danielson stated that it is the desire of the Reed's Bridge Battlefield Preservation Society to purchase property as it becomes available but they are not privy to the City’s financial commitments or any situations in respect to cash flow. He explained that they were making the City Council aware of the opportunity and can appreciate the position of the City Council regarding budgets. Mayor Fletcher recited circumstances regarding the collections of Sales Tax revenues, explaining that there is a definite downturn in the economy; noting that people are not making major purchases and there is no definite job security. He stated that he has no reason to believe that the following month or even the Christmas season will be any better. He stated that he cannot see how it can be funded through this budget unless the City Council directs that something else in the budget be cut. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7:00 P.M. – 7:46 P.M. c. Presentation of the 2010 Budget Mayor Fletcher announced that the preliminary operating budget for 2010 has been made available to the City Council members, asking them to take the following two weeks to study the budget and be prepared to make recommendations at the next regularly scheduled City Council meeting of December 3rd. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Fletcher announced that the Christmas lighting rd ceremony will be held December 3 at 6:30 p.m. at City Hall. He then th announced that the Christmas parade will be December 5 starting at 1:00 thth p.m. He noted that City offices will be closed November 26 and 27 for the Thanksgiving holiday. Alderman Smith, as a resident of Foxwood Subdivision, removed himself from serving on the Foxwood Country Club committee. Mayor Fletcher appointed Aldermen Howard and Rinker to serve on behalf of their Wards. Jean Williams, a resident on Stevenson Street, offered to serve. She then requested that the City investigate circumstances with a dip in her street following repairs. Mike Wilson noted that comparisons in the P olice Department report indicate that percentages are down regarding burglary and theft. He commended Mayor Fletcher, Chief Sipes, and the Department for their progress. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:46 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 8