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06 AUG 17.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2006 7:00 P.M. – 7:19 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 August 17, 2006 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Acting Vice Mayor Howard led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Smith, McCleary, Ray, Rinker, and Stroud answered roll call. Acting Vice Mayor Howard also answered ROLL CALL declaring a quorum. PRESENT five (5), ABSENT (4). Mayor Swaim, Aldermen Elliott, Sansing, Fletcher, and Twitty were absent. Mayor Swaim and Alderman Elliott were attending a Municipal League meeting. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Kary Jezwinski, Finance Director Paul Mushrush, Finance Manager Cheryl Erkel, Human Resource Director Charlie Brown, Fire Chief John Vanderhoof, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mr. Gerald Clark, Mrs. Addie Gibson, Mr. Larry Smith, Mr. Larry Dupree, Mr. Ron Newport, interested citizens and members of the press. PRESENTATION OF MINUTES: Acting Vice Mayor Howard presented the minutes of the regular City Council meeting of August 3, 2006 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 Ray that the minutes of the Regular City Council Meeting of 20 July 2006 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Stroud to approve the Regular Monthly Report for July 2006 from the Jacksonville Fire Department, which reflects a fire loss of $190,000 and a savings total of $120,000. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Stroud to approve the Regular Monthly Report for July 2006. Said report reflects the Total Value of Reported Stolen Property $159,050. Total Value of Recovered Stolen Property $108,309 and Total Report Sales $972.00. REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved, seconded by Alderman Stroud to approve the Regular Monthly Report for July 2006. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 32 Building Inspections 79 Business License 4 HVACR 55 Electrical 112 Plumbing 55 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2006 7:00 P.M. – 7:19 P.M. UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 305 Notice of Noncompliance 15 Property Mowed 43 Towed 2 Trash Letters 135 CONDEMNATIONS Trash Removal 7 Structural Maint. Letters 0 Property Maint. Letters 3 Structural Repairs Made 0 Costs $2,748.15 Demolitions 0 Alderman Stroud commented that the Keep Jacksonville Beautiful committee had toured the City and had stated that they were impressed with the overall appearance of Jacksonville. He commended the Beautification Department for their efforts. ROLL CALL: Aldermen: Smith, McCleary, Ray, Rinker, and Stroud voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLATS a) 520 Marshall Road, b) Forest Oak PH III, c) Base Meadows PH II, d) Stevens Subdivision Acting Vice Mayor Howard related that the plat for 520 Marshall Road has been removed from the agenda. City Engineer Whisker related that 520 Marshall Road had been approved by the Planning Commission with small changes, explaining that they did not complete the changes in time for the City Council to act on final approval. He then related that the plats for Forest Oak PH III, Base Meadows PH II, and Stevens Subdivision were approved without stipulations by the Planning Commission. Alderman Stroud moved, seconded by Alderman Ray to approve the Final Plats of Forest Oak PH III, Base Meadows PH II, and Stevens Subdivision as recommended by the Planning Commission. MOTION CARRIED. GENERAL: PRESENTATION OF THE 2005 CAFR Mr. Gerald Clark of McAlister & Associates, P.A. announced completion of the audit of the 2005 City financial statements, adding that the City has issued the annual comprehensive financial report. He offered the management letter and a highlight of the report, which he briefly reviewed. He expressed appreciation on behalf of McAlister & Associates for the opportunity to perform the 2005 audit. He then stated his personal appreciation to the Finance Department for the cooperation in completing this year’s audit. He stated that he and Finance Department CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2006 7:00 P.M. – 7:19 P.M. are pleased to present the 2005 Comprehensive Annual Financial Report (CAFR), explaining that the purpose of the report is to provide detailed information reflecting the City’s financial condition. He related that the City is required to undergo an annual single audit in conformity with the provisions of the Federal and State Single Audit Act, adding that the report also satisfies Arkansas Statutes regarding an annual audit for municipalities within the State. He stated that the CAFR was prepared under provisions of the Governmental Accounting Standards Board (GASB) Statement No. 34, - “Basic Financial Statements – and Management’s Discussion and Analysis – for State and Local Governments.” He explained that the report is organized into four sections, 1) introduction, 2) financial, 3) statistical, 4) single-audit. He stated that an important feature of the report is Management’s Discussion and Analysis written by Finance Director Paul Mushrush, adding that it provides a narrative introduction to, along with an overview and an analysis of the basic financial statements of the City. He offered a brief overview of the highlights of the financial statements. He stated that one of the most importance questions asked about a city’s finances is “Is the City as a whole better off or worse off as a result of the year’s activities?” He provided a comparison of the activities for fiscal year 2005 and 2004, stating that 2005 was a very good year financially for the City. He related that revenues for the City’s governmental activities were $20.3 million in 2005 compared to $18.6 million in 2004 and expenditure were $16.2 million in 2005 compared to $16.3 in 2004. He related that total assets of the City exceeded total liability at the close of 2005 by $42.9 million dollars (net assets). He stated that net assets increased by $4.4 million in 2005, adding that the City spent $1.9 million in 2005 for the addition of capital assets and infrastructure. He stated that 2005 actual revenues in the General Fund including transfers from other funds were $14 million compared to budgeted revenues and transfers of $13.6 million. He stated that 2005 General Fund expenditures were $13.1 million and $13.7 was budgeted. He stated that at the end of 2005, the unreserved, undesignated fund balance of the General Fund was $2.9 million, or 23% of total general fund expenditure. He stated that this percentage is up from 15% at the end of 2004 and 9% at the end of 2003. He stated that the auditor’s report, which is unqualified, provides a statement attesting to the fair presentation of the financial data in conformity with Generally Accepted Accounting Principles and Government Accounting Standards. He stated that there were no reportable conditions on internal control or material instances of noncompliance with laws and regulations relating to the audit. He added that there were no audit findings or questioned costs relative to Federal grant award programs for 2005. He stated that his firm has issued a formal management letter, included with the annual report, recommending that the City adopt an investment policy. He stated that the policy is currently being formulated and will be presented for adoption in the near future. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2006 7:00 P.M. – 7:19 P.M. He offered special recognition to the City’s Finance Department for their outstanding efforts in completing this project, again expressing his firms appreciation to the City and City Council for the opportunity to serve as the City’s auditors. Finance Director Paul Mushrush complimented Mr. Clark regarding the new format for annual data comparison. He noted the increase in Sales Taxes, explaining that as a reflection of a full year of the Use Tax portion of the County Sales Tax. He noted a change in the Operating Grants and Contributions, acknowledging a contribution to expand City Hall, providing for a no cost expansion to the building. He then noted a $200,913.00 grant for the completion of the Splash Zone and $200,000.00 in anonymous donations for the City library. He stated that the City has struggled to reach the target point of 17% in the General Fund, which represents 60 days of operational revenue. Alderman Smith moved, seconded by Ray to accept the 2005 CAFR report as presented. MOTION CARRIED. b. RESOLUTION 598 (#11-06) A RESOLUTION CRATING THE JACKSONVILLE KEEP AMERICA BEAUTIFUL COMMITTEE, APPOINTING COMMITTEE MEMBERS; AND FOR OTHER PURPOSES. Alderman Stroud stated that Jacksonville would be one of only 565 town, city, and county affiliates in Keep America Beautiful. He stated that the benefits to the City would be tremendous, noting that it has taken approximately 20 months to complete the process. He recognized Mr. Ron Newport and Public Works Director Jim Oakley, saying that their efforts made Jacksonville’s membership possible. Alderman Ray moved, seconded by Alderman Stroud to Read Resolution 598. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 598. Alderman Ray moved, seconded by Alderman Stroud to approve Resolution 598. MOTION CARRIED. c. ORDINANCE 1290 (#23-06) AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY LIMITS OF JACKSONVILLE (COMMONLY REFERRED TO AS THE STONERIDGE SUBDIVISION); AND, FOR OTHER PURPOSES. City Engineer Whisker related that the property consists of 160 acres west of Jacksonville, 80 acres north and south Jacksonville Cut-Off Road. City Attorney Bamburg reminded the City Council that the Resolution consenting to the annexation was adopted in May of this year. He then added that the public hearing was conducted in July. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2006 7:00 P.M. – 7:19 P.M. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1290 be placed on FIRST READING. ROLL CALL: Alderman Smith, McCleary, Ray, Rinker, and Stroud voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1290. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1290 be APPROVED on FIRST READING. ROLL CALL: Alderman Smith, McCleary, Ray, Rinker, and Stroud, voted AYE. NAY (0). MOTION CARRIED. Acting Vice Mayor Howard stated that Ordinance 1290 would be presented for second reading at the regularly scheduled City Council meeting of September 7, 2006. d. Motion to appeal annexation ruling of certain properties into the City of Sherwood City Attorney Bamburg stated that several weeks ago an annexation hearing was held by Judge Villains, who has ruled to allow the annexation outside certain property into the City of Sherwood. He stated that Jacksonville has an opportunity to address an appeal of that ruling to a circuit court judge, which would be the next step. He stated that at the circuit court level, there is a legal phrase called “trial de novo”, which means the case starts over. He related that his recommendation would be that the City Council grant authority for him to file an appeal, adding that he feels an appeal has merit. Alderman Smith moved, seconded by Alderman Stroud to grant City Attorney Bamburg authority to proceed with appeal of annexation of certain properties into the City of Sherwood. MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): Parks and Recreation Director George Biggs announced that the City Pool Party will be held at the Splash Zone tomorrow night from 7:30 p.m. to 9:30 p.m. ADJOURNMENT: Acting Vice Mayor Howard without objection adjourned the meeting at approximately 7:19 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer