06 DEC 21.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 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 December 21, 2006 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, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT
nine (9), ABSENT (1). Aldermen Smith was absent.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Linda Dulaney, Finance Director Paul Mushrush, Fire Chief John Vanderhoof, Police Captain J.J. Martin,
CDBG Director Theresa Watson, Mrs. Judy Swaim, Mrs. Addie Gibson, Mr. Bobby Alton, Mr. Steve Fykes, Mr. Larry Smith, Mr. Tommy Bond, and interested citizens.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of December 2, 2006 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 Stroud that the minutes of the Regular City Council Meeting of 16 November 2006 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for November 2006. Said report reflects:
ADOPTION/FINES: $1,410.00
CONTRIBUTIONS: $ .00
TOTAL: $1,410.00
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for November 2006. Said report reflects:
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 22 Building Inspections 49
Business License 5 HVACR 42
Electrical 59 Plumbing 56
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 24 Notice of Noncompliance 37
Property Mowed 25 Towed 2
Trash Letters 184 CONDEMNATIONS
Trash Removal 14 Structural Maint. Letters 0
Property Maint. Letters 4 Structural Repairs Made 0
Costs $2,808.44 Demolitions 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 P.M.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for November 2006 from the Jacksonville Fire Department, which reflects a fire loss of $203,100
and a savings total of $1,401,000.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for November 2006. Said report reflects the Total Value of Reported Stolen Property $88,592.
Total Value of Recovered Stolen Property $42,252 and Total Report Sales $1,006.
ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1300 (#33-06)
AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2007; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT; FOR THE PURCHASE OF MATERIALS,
SUPPLIES, EQUIPMENT, AND SERVICES COVERING: GENERAL FUND OPERATIONS, STREET FUND, EMERGENCY MEDICAL SERVICES FUND, AND SANITATION FUND; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Swaim noted that there were no major changes from the draft budget that was provided for review.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1300 be placed on FIRST READING. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1300.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1300 be APPROVED on FIRST READING.
In response to a request from Alderman Sansing, Finance Director Paul Mushrush related that Alderman Sansing has asked that he correspond the increase in the employee’s contribution
for a family medical policy to the salary increase. He explained that the City has bi-annual evaluations of current market rates for City positions, which is compared to the current
salary, adding that once compared, the employee’s salary is then moved to that prevailing market rate at the rate of 3.5%. He stated that if a 3.5% increase is more than the market
rate, the employee is guaranteed at least a $750.00 annual raise. He explained that if the
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 P.M.
guaranteed $750.00 increase is equated to the employee premium contribution cost of $17.00 per pay period, which is approximately $375.00 annually. He stated that there are only eight
employees in the City of Jacksonville that $750.00 would not make a 3.5% increase. He explained that the earning necessary to obtain a 3.5% increase equating to $750.00 is approximately
$21,300.00 annually, which means that even the lowest paid employees are making over $10.00 an hour. He added that even if you equate the insurance increase to the lowest paid employees
their raise would be more than 3.5% and the $375.00 increase would still provide for a 2% raise.
Alderman Sansing stated that even when the employee is picking up half the cost of the increase in premiums, employees at the top end of the scale are not realizing a net gain greater
than employees at the bottom of the scale. He stated that the City has been very fair in trying to equalize raises and subsequently share the insurance increase cost. He thanked Finance
Director Paul Mushrush for his explanation.
He stated that the City uses formulas for all employee applications. He stated that a logical rule is set and applied equally by formula.
ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1300 on SECOND READING. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1300.
Alderman Sansing moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1300 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1300.
Alderman Ray moved, seconded by Alderman Howard that Ordinance 1300 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and
Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1300 THIS 21st DAY OF DECEMBER 2006.
Alderman Elliott and other Aldermen thanked the Mayor and the department heads for the many hours of work put into the budget.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 P.M.
In response to a question posed by Alderman Ray, Finance Director Paul Mushrush related that the Polar Bear Club is the Police Department’s fund raising effort for the Special Olympics.
Finance Director Paul Mushrush pointed out that the budget includes extra items in the introductory sections, citing that the first item being a graphical long-term analysis of the City’s
major revenue streams in the past 10 years and a listing of “best practiced” fiscal policies that the City implements.
b. ORDINANCE 1301 (#34-06)
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY OF JACKSONVILLE, ARKANSAS, TO ACT AS AN INTERMEDIARY IN THE TRANSFER OF ASSETS AND LIABILITIES, PURSUANT TO AN INTERLOCAL MERGER AGREEMENT
BETWEEN HIGHWAY 319 WATER USERS PUBLIC FACILITIES BOARD OF LONOKE COUNTY, ARKANSAS (HIGHWAY 319) AND NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD (NORTH PULASKI); AMENDING JMC §13.10.020
AND §13.10.080; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Swaim explained that the North Pulaski Waterworks facilities previously adopted by the City Council is proposing to merge with a smaller water department.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1301 be placed on FIRST READING.
City Attorney Bamburg clarified that the City of Jacksonville is not assuming any financial obligations, debt or liabilities but is acting as a pass through organization with appointment
authority over the Board.
ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading
of Ordinance 1301.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1301 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1301 on SECOND READING. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1301.
Alderman Sansing moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1301 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1301.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 P.M.
Alderman Ray moved, seconded by Alderman Howard that Ordinance 1301 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and
Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1301 THIS 21st DAY OF DECEMBER 2006.
c. Appointment to fill the position of Alderman Robert Lewis
Mayor Swaim noted that there are two candidates who have expressed interest in being appointed to fill the new term of Alderman Lewis. He offered both candidates an opportunity to address
the City Council.
Mr. Ron McDaniel and Alderman Kevin McCleary each addressed the City Council expressing their desire and willingness to serve the citizens and participate in progress for the City of
Jacksonville.
Mayor Swaim commended both applicants for their interest in serving as Alderman for the City, encouraging whomever may not be appointed to remain interested and seek future positions
that become available.
Mayor Swaim requested a roll call vote to approve the appointment of Mr. Ron McDaniel to serve the four-year term of Alderman Robert Lewis: Aldermen Elliott, Ray, Rinker, Fletcher, Stroud,
Twitty and Howard voted NAY. AYE (0). Aldermen McCleary and Sansing abstained. MOTION CARRIED.
Mayor Swaim requested a roll call voted to approve the appointment of Alderman Kevin McCleary to serve the four-year term of Alderman Robert Lewis: Alderman Elliott, Ray, Rinker, Fletcher,
Stroud, Twitty and Howard voted AYE. NAY (0). Aldermen McCleary and Sansing abstained. MOTION CARRIED.
Mayor Swaim thanked Mr. McDaniel for his interest in the position. He then noted that Mr. McDaniel has been serving on the Civil Service Commission for a number of years, encouraging
him to continue serving the City.
APPOINTMENT(S): City Hall will be closed December 25th and 26th in celebration of the Christmas Holidays.
Mayor Swaim noted that condemnation regarding a piece of property for the Library has begun, adding that he is still negotiating with the property owner. He reaffirmed his authority
with the City Council to continue negotiations, expressing his hope that negotiations are moving closer to an agreement.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M. – 7:31 P.M.
It was the consensus of the City Council to continue negotiations in the hopes of reaching an agreement over condemnation.
DISCUSSION OF ADOPTED 25’ SETBACK CHANGE
Alderman Fletcher expressed concerns regarding subdivisions first approved with a 35’ setback adding new phases at 25’. He expressed his desire to see a uniform setback within a subdivision.
City Attorney Bamburg clarified that the 25’ setback would apply to any new subdivision or phase of an existing subdivision not yet final platted that is brought before the Planning
Commission.
Mayor Swaim noted that the Planning Commission would have the authority to review the visual change in setback and request that the developer continue with the 35’ setback if deemed
appropriate.
Mr. Bond stated that recently the concern was addressed by the Planning Commission regarding the new phase of Jaxon Terrace, explaining that the Planning Commission requested that the
developer stair-step the setback into a less visual change. He then noted that a 25’ setback variance was recently approved for a lot that would lead into the second phase of StoneRidge
to prevent an obvious visual change in setback.
ANNOUNCEMENT(S):
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:29 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer