City Council

City Council of Jacksonville, Arkansas AGENDA Regular City Council Meeting January 7, 2016 7:00 p.m. 1. OPENING PRAYER: PAGES 2. ROLL CALL: 3. PRESENTATION OF Rescheduled City Council Meeting MINUTES: December 10, 2015 Regular City Council Meeting December 17, 2015 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Animal Control: Regular Monthly ReporVDecember Annual Report (included in packet) Public Works Director J i n ~Oakley 6. WATER DEPARTMENT: RESOLUTION 735 (#01-2016) Confirming implementation of a pass through charge from Central Arkansas Water (Mayor Fletcher) 19-20 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION: 14. GENERAL: a. Proclamation recognizing Jacksonville as a Purple Heart City (Mayor Fletcher) b. ORDINANCE 1536 (#16-2015) Providing modification of the City's Business Privilege License requirements (Mayor Fletcher) City Council A G E N 'D A continued Regular City Council Meeting January 7,2016 15. APPOINTMENTS: PLANNING COMMISSION Appointment of Robert Price and Virgil Healey for terms to expire 01/01/2019 BOARD OF ADJUSTMENT Appointment of Ron Higgins to fill the unexpired term of Virgil Healey to expire 02/05/2017 16. ANNOLINCEMENTS: City offices will be closed Monday, January 18thin observation of Martin Luther King Jr. Day. Sanitation routes will run one day later ADJOURNMENT  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. - 7:41 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 10, 2015 at the regular meeting place of the City Council. Alderman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT SEVEN ( 7 ) , ABSENT (3). Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Finance Director Cheryl Erkel, Accounts Receivable Specialist Nikki Wilmoth, Fire Chief Alan Laughy, Police Chief Kenny Boyd, IT Director Scott Rothlisberger, Public Works Director Jim Oakley, CDBG Director Theresa Watson, City Engineer Jay Whisker, 911 Director Tabby Hughes, Planning Commission Chairman Jim Moore, Planning Commissioner Patrick Thomas, Johnny Simpson, Lida Feller, and interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of November 19, 2015 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Ray moved, seconded by Alderman Bolden that the minutes of the regular City Council meeting of 5 November 2015 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the regular monthly report for November 2015. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 10 Building ~nspections 14 Business Licenses 4 Electrical 22 Plumbing 20 HVACR 13 REGULAR MONTH REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Sansing to approve the regular monthly report for November 2015. ADOPTION FEES/FINES $1,345.00 CONTRIBUTIONS 25.00 TOTALS $1,370.00 ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. MOTION CARRIED.  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 1 0 , 2 0 1 5 7 : 0 0 P.M. - 7 : 4 1 P.M. WATER DEPARTMENT : WASTEWATER DEPARTMENTS: FIRE DEPARTMENT : POLICE DEPARTMENT: Check presentation for body cams by Senator Linda Chesterfield Mayor F l e t c h e r s t a t e d t h a t h e i s h o n o r e d t o h a v e S e n a t o r Linda C h e s t e r f i e l d t o p r e s e n t t h e C i t y w i t h a c h e c k t o p u r c h a s e b o d y cams f o r t h e P o l i c e Department. S e n a t o r L i n d a C h e s t e r f i e l d p r e s e n t e d P o l i c e C h i e f Boyd w i t h a c h e c k f o r $ 5 , 0 0 0 . 0 0 t o p u r c h a s e b o d y cams. Senator Chesterfield s t a t e d t h a t she i s proud to present the Police Department w i t h a $5,000.00 check. She a d d e d t h a t s h e h a s i m p o s e d upon Mayor F l e t c h e r t h e n e e d f o r t h e 1-30 c o r r i d o r t o make s a f e r t r a v e l . She s t a t e d t h a t i t i s i m p e r a t i v e t h a t v o i c e s on t h i s s i d e of t h e R i v e r be h e a r d . She s t a t e d t h a t t h e new p r o p o s a l w i l l make i t s a f e r w i t h a f l y o v e r s o t h a t t r a f f i c d o e s n o t h a v e t o m a n e u v e r f r o m 4 0 - E a s t o v e r t o Highway 6 7 . She s t a t e d t h a t s h e h a s been f i g h t i n g f o r t h e proposal, and a s Chair of T r a n s p o r t a t i o n d u r i n g t h a t t i m e s h e was a b l e t o g e t t h e B i l l p a s s e d . She s t a t e d t h a t s h e i s p r o u d o f t h e J a c k s o n v i l l e P o l i c e D e p a r t m e n t a n d p r o u d t h a t t h e y w a n t t o h a v e b o d y cams t h a t w i l l e n h a n c e t h e a p p r e c i a t i o n o f t h e community f o r w h a t t h e y d o . She r e l a t e d t h e more t r u s t t h a t w e can b u i l d t h e g r e a t e r o p p o r t u n i t i e s t o s e r v e our c o n s t i t u e n t s . She t h a n k e d t h e C i t y C o u n c i l f o r t h e o p p o r t u n i t y t o a d d r e s s them. C h i e f Boyd t h a n k e d S e n a t o r C h e s t e r f i e l d , s a y i n g t h a t a f t e r t h i s p u r c h a s e t h e P o l i c e D e p a r t m e n t w i l l h a v e 52 b o d y cams. H e added t h a t t h i s w i l l p r o v i d e a l l o f f i c e r s i n e n f o r c e m e n t a c t i o n body cams. Mayor F l e t c h e r a n d t h e C i t y C o u n c i l t h a n k e d S e n a t o r C h e s t e r f i e l d . STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1 5 3 9 (#19-2015) AN ORDINANCE AMENDING JMC 55 9 . 1 2 . ; AND, FOR OTHER PURPOSES. Alderman Ray moved, s e c o n d e d b y Alderman B o l d e n t h a t O r d i n a n c e 1 5 3 9 b e p l a c e d on FIRST READING. ROLL CALL: Alderman E l l i o t t , B o l d e n , McCleary, S a n s i n g , Ray, T r a y l o r , a n d S m i t h v o t e d AYE. NAY ( 0 ) . MOTION CARRIED. Whereupon C i t y A t t o r n e y Bamburg r e a d t h e h e a d i n g o f O r d i n a n c e 1 5 3 9 .  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. - 7:41 P.M. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1539 on FIRST READING and suspend the rules and place Ordinance 1539 on SECOND READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1539. Alderman Ray moved, seconded by Alderman McCleary to further suspend the rules and place Ordinance 1539 on THIRD AND FINAL READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1539. Alderman Sansing moved, seconded by Alderman McCleary that Ordinance 1539 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. NAY (0). MOTION CARRIED. ORDINANCE 1539 (#19-2015) APPROVED AND ADOPTED THIS loth DAY OF DECEMEBR, 2015 b. ORIDANANCE 1540 (#20-2015) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2016; 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. Finance Director Cheryl Erkel referenced documents that were provided in the packets, saying that this has been a very difficult budget to balance. She stated that under the direction of Mayor Fletcher and Jim Durham she was instructed to find ways to offer the employees a 2% raise and purchase Police vehicles. She reviewed the handout saying that the estimated revenues and expenditures for the General Fund is $21,042,943. The County Sales Tax are estimated at a 3% increase and the City Sales Tax are estimated at a 2% increase. She said that there is an increase in revenue projections for privilege taxes and various permits due to ordinance revisions that will come later before the City Council. She stated that revenue projections also include the sale of 35 vacant lots that the City owns which incur maintenance cost, so not only will the City get the revenue from the sale of the lots, it will also reduce maintenance costs. The Police department has $200,000 for police vehicles, which is about 4 fully equipped vehicles.  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. - 7:41 P.M. She noted that transfers out is for $200,000 to EMS for cash flow purposes. There will be a 2% raise for the employees. Minimum wage will increase to $8 /hour, which affects only part-time and seasonal employees. The employee portion for health insurance will remain the same as 2015: $72 for single and $150 for family per month. The debt service department includes the transfer of funds for the revenue bond issue payment We will use $249,516 in Fund balance. Street Fund Estimated Revenues and Expenditures - $2,301,250 Increase in revenue will come from State Tax Turnback. Increases in expenditures are due to equipment purchases and maintenance costs. The next two Funds are Enterprise Funds that operate on an accrual basis. Their revenues do not have to match their expenditures. Although, we strive to get as close as we can. The difference is offset by their fund balance. Sanitation Fund Estimated Revenue - $1,843,800 Estimated Expenditure - $1,758,583 Increase in revenues will come from sanitation fees. Decreases in expenses are due to reduction in fuel prices and the loan for the automated recycling vehicles will be paid off. EMS Fund Estimated Revenue - $1,702,700 Estimated Expenditures - $1,316,351 Increase in revenues will come from ambulance service billings. Alderman Traylor noted at the last budget presentation the budget was approximately $180,000 short, saying that expenditures were increased $502,000 and now the budget is balanced. Finance Director Cheryl Erkel stated that the 35 vacant lots were not included in the prior budget presentation in November, adding that she went back and increased the privilege taxes and the permits due to those ordinances being updated. She related that she increased the County Sales Tax, explaining that it was projected at 2% and now it is being increased to 3% and the City Sales Tax was previously projected at 1% and now it is being projected at a 2% increase.  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. - 7:41 P.M. Mayor Fletcher answered that the 35 lots were accumulated by the City before he became Mayor. City Attorney Bamburg explained that the lots were donated to the City because of condemnations, adding that on occasion the City has petitioned to have the property donated through the State Land Commissioner's office. He stated that the properties have been acquired over the last 20 plus years. Mayor Fletcher stated that the City is selling them because they encumber expense and it takes a great amount of time in the summer to keep them maintained. He related that sitting vacant they do not bring the City any revenue, explaining that if they are sold and houses are built there will be some type of control on the development and will bring in revenue. He noted that he would not want to sell the lots on Galloway Circle, saying that those lots are needed for the expansion of the Park. Alderman Traylor noted that additional personnel is being added to the Police Department budget, saying that if officers are being added he would believe that the cost of overtime would decrease. Finance Director Cheryl Erkel stated that salary information would have to be answered by the Human Resource Director Jill Ross. Mayor Fletcher related that even if the overtime comes in less than budgeted it would be to the City's benefit. City Attorney Bamburg pointed out that a lot of the overtime is incorporated by their Court appearances, which does not change from year to year. Chief Boyd related that some of the increase in the Police salaries is because last year there were 3 unfunded positions in the Department and this year all positions are being funded so that would show a large increase. He estimated that it would increase by approximately $100,000 in 2016. He then stated that the overtime budget this year was $168,000 and already it is $40,000 to $60,000 over budget as of the middle of November. He added that they have just started their shopping center patrols, so he and Finance Director Cheryl Erkel estimated what would be spent between now and the end of the year on overtime. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1540 be placed on FIRST READING. Alderman Traylor noted that salaries and overtime were also increased regarding the EMS budget.  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P . M . - 7:41 P . M . Chief Laughy concurred, explaining that they have a shortage of paramedics, so even if they have the same number of people on duty, there has to be overtime to replace someone if they are sick or on FMLA. He stated that they had a set budget for overtime this year but they went over. He added that the projection for 2016 was increased. Alderman Traylor noted $222,000 in revenues from the A&P Commission, questioning where the funds are applied. Finance Director Cheryl Erkel stated that part of the funds would be used for Parks and Recreation projects such as the Christmas Parade, donations for the FestiVille, and Big Bang on the Range are included in the Parks and Recreation budget. She related that the expenditures are showing in the Department budget. City Attorney Bamburg then answered Alderman Traylor that the A&P Commission has their own budget and the $222,000 is not their entire budget. He stated that the Commission has their own expenses that they fund through their budget. Finance Director Cheryl Erkel concurred, saying that the $222,000 is the amount that the A&P Commission has allocated to the City. Alderman Traylor questioned if the Shooting Range and the pro-shop were put on an Enterprise Fund basis. Finance Director Cheryl Erkel answered that it was not an Enterprise Fund but is still included in the Parks Department budget. She stated that there is inventory regarding the pro-shop and there is a cost of goods sold expense. She explained that it is treated like a business but it is still set up as a department within the Parks and Recreation Department. Alderman Traylor stated that the pro-shop sales are $120,000, adding that he is assuming that the targets are a part of the cost of goods sold which is $95,000. Finance Director Cheryl Erkel corrected that the targets are not part of the cost of goods sold. She stated that the inventory in the pro-shop make up the cost of goods sold. Alderman Traylor noted that sales are $120,000 and the cost of goods sold is $218,000 which is a loss of $98,000 in the pro-shop. Finance Director Cheryl Erkel explained that the cost of goods sold is expensed out on a quarterly basis so there is going to be some inventory that we will still have on hand that has not sold yet. Alderman Taylor added that it would make the cost of goods sold higher which would make it even worse. He stated that it would seem that in having a pro-shop the sales should be more than expenses.  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. - 7:41 P.M. Finance Director Cheryl Erkel stated that when the merchandise is purchased to go into the pro-shop it goes into the cost of goods sold but then it goes into inventory and then the cost of goods sold is reduced by what is actually sold. Alderman Elliott commented, and Finance Director Cheryl Erkel concurred that the amount in inventory is the difference. Alderman Traylor stated that he could understand that being the case for the first year but not the third year. Finance Director Cheryl Erkel stated that she would research that and get back with Alderman Traylor with a more definitive answer. In response to a question from Alderman Traylor regarding retirement expense for part-time labor, Finance Director Cheryl Erkel stated that the City does not pay retirement expense on all part-time labor. She added that there are some part-time employees that will not meet the requirements for APERS. She then answered that an employee has to work three consecutive months with 80 hours per pay period in order to meet the criteria for APERS. She stated that once that guideline is met then the City is automatically required to send money into APERS on the employee's behalf. She noted that most of the part-time employees are in the Parks and Recreation Department and some have worked the three months but there are enough part-time people, especially in aquatics, to make sure that they do not meet that criteria since they are only seasonal. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1540. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1540 on FIRST READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1540 on SECOND READING. Alderman Traylor questioned if there is anything in the budget regarding the Boys and Girls Club. He asked City Attorney Bamburg to address the contract. City Attorney Bamburg stated that the contract would not have anything to do with the City budget, explaining that it would deal with the A&P Commission budget. Alderman Traylor questioned if it were for contract services would it be A&P budgeted funds.  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. - 7:41 P.M. City Attorney Bamburg stated it would depend, explaining that as far as contract services, he has not found a contract that he believes is acceptable. He related that at this stage neither budget would be appropriate for that expenditure. Finance Director Cheryl Erkel confirmed there is not anything in the 2016 budget dedicated to the Boys and Girls Club. Adding, that since the City owns the building occupied by the Club, the City pays for the utilities. Alderman Traylor mentioned a contract that he was aware of as late as this afternoon. Director of Administration Jim Durham stated that the contract was not brought to him, explaining that he had asked that the contract be brought to him because he furnished them a contract from North Little Rock that the Municipal League believed had elements that would meet the Judge's order. City Attorney Bamburg interjected he does not believe that the contract from North Little Rock will meet the order. Director Durham stated that Representative Johnson has a private attorney drawing the contract, adding that our intention is to let City Attorney Bamburg review and go from there. He stated that nothing will change January l S t ,as far as what is happening at the Boys and Girls Club. Alderman Traylor stated that he would like to see it included in the budget . Director Durham reiterated there is no money in the budget for that, adding that the money would have to come from the A&P Commission, if we can get to that point. Alderman Traylor added or from the Parks and Recreation budget. Director Durham stated that there is not any money in the Parks and Recreation budget for the Boys and Girls Club that he is aware of. Mayor Fletcher stated that if the contractual service can be done legally, then it can be done through the A&P Commission, adding that he would not want to tie up the entire City budget regarding that one item. He related that everyone wants to see it workout, saying that the Boys and Girls Club is very important to all of us in the Community. He then answered that the budget needs to be done by the end of the year, otherwise by law it has to be done by February lSt, but it creates a lot of problems. He went on to say that is the reason last year we met December 3oth to pass the budget.  C I T Y OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 1 0 , 2015 7:00 P . M . - 7 : 4 1 P.M. Alderman T r a y l o r q u e s t i o n e d i f F i n a n c e D i r e c t o r C h e r y l E r k e l would have t h e o p p o r t u n i t y t o provide answers t o h i s q u e s t i o n s , b e f o r e passing t h e budget ? Mayor F l e t c h e r s t a t e d t h a t t h e O r d i n a n c e s t i l l h a s two more r e a d i n g s , o f f e r i n g t h a t i t c o u l d b e p a s s e d on t h i s r e a d i n g a n d t h e n i t would b e up t o t h e Council. Alderman T r a y l o r s t a t e d t h a t he would n o t a s k F i n a n c e D i r e c t o r C h e r y l Erkel t o l e a v e t o g e t information regarding t h e answers because t h e l a s t t i m e t h a t happened, a n o r d i n a n c e was a p p r o v e d w h i l e t h e p e r s o n was gone from t h e m e e t i n g . He s t a t e d t h a t h e would l i k e t o t a b l e t h e O r d i n a n c e u n t i l t h e December 1 7 m~e e~t i n g . A l d e r m a n T r a y l o r m o v e d seconded by A l d e r m a n S m i t h t o table budget O r d i n a n c e 1540 (#19-2015) t o the D e c e m b e r 1 7 ~m e~e t i n g . ROLL CALL: Alderman T r a y l o r a n d Smith v o t e d A Y E . Alderman E l l i o t t , Bolden, McCleary, S a n s i n g , and Ray v o t e d NAY ( 0 ) . MOTION F A I L E D . Mayor F l e t c h e r c l a r i f i e d t h a t the previous m o t i o n t o suspend the rules and place O r d i n a n c e 1540 on SECOND READING i s up for v o t e . Alderman E l l i o t t s t a t e d t h a t t h e r e a s o n h e v o t e d NAY t o t a b l e was b e c a u s e he would p r e f e r i t b e done by n o t a p p r o v i n g t o s u s p e n d t h e r u l e s and p l a c e on SECOND R E A D I N G a n d t h e n i t would a u t o m a t i c a l l y b e p l a c e d on t h e n e x t agenda a s a SECOND R E A D I N G . He reminded t h e C i t y C o u n c i l t h a t t h e O r d i n a n c e d o e s n o t have t o b e a p p r o v e d on a l l t h r e e r e a d i n g s a t t h e same m e e t i n g , a d d i n g t h a t h e f e e l s t h i s would b e a b e t t e r way t o a d d r e s s t h e issue. VOTE TO SUSPEND THE RULES AND PLACE ORDINANCE 1540 ON SECOND READING: ROLL CALL: Alderman E l l i o t t , Bolden, McCleary, S a n s i n g , a n d Ray v o t e d A Y E . Alderman T r a y l o r a n d Smith v o t e d NAY ( 0 ) . MOTION CARRIED. Whereupon C i t y A t t o r n e y Bamburg r e a d t h e h e a d i n g o f O r d i n a n c e 1540. Alderman Ray moved, s e c o n d e d by Alderman Bolden t o a p p r o v e t h e s e c o n d r e a d i n g a n d f u r t h e r s u s p e n d t h e r u l e s a n d p l a c e O r d i n a n c e 1540 on THIRD AND FINAL READING. ROLL CALL: Alderman ans sing a n d Ray v o t e d AYE. Alderman E l l i o t t , Bolden, McCleary, T r a y l o r a n d Smith v o t e d NAY ( 0 ) . MOT ION F A I L E D . Mayor F l e t c h e r p o i n t e d o u t t h a t a m o t i o n t o a p p r o v e on SECOND READING i s n e c e s s a r y o r t h e O r d i n a n c e w i l l come b a c k f o r t h e SECOND READING i n s t e a d o f T H I R D AND F I N A L . A l d e r m a n M c C l e a r y m o v e d , seconded by A l d e r m a n B o l d e n t o approve O r d i n a n c e 1540 on SECOND READING.  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 1 0 , 2015 7 : 0 0 P.M. - 7 : 4 1 P.M. Alderman Bolden q u e s t i o n e d i f t h e i s s u e r e g a r d i n g t h e Boys and G i r l s Club i s t h e r e a s o n t h e O r d i n a n c e i s b e i n g h e l d , a d d i n g t h a t it was h i s u n d e r s t a n d i n g t h a t something was suppose t o be p r e s e n t e d t o d a y . D i r e c t o r Durham r e s p o n d e d t h a t t h e y d i d n o t s a y when t h e y would b r i n g i t , a d d i n g t h a t he assumed t h a t t h e y would g e t i t . Alderman Bolden s t a t e d he i s aware t h i s i s t h e m e e t i n g b e f o r e t h e l a s t m e e t i n g of t h e y e a r , p r e s e n t i n g a t i m e c r u n c h , and t o s t r e t c h t h i s o u t i s n o t good. Alderman E l l i o t t s t a t e d t h a t t o h i s t h i n k i n g , i f t h e O r d i n a n c e i s t a b l e d i t i s n o t a u t o m a t i c a l l y brought back. He added t h a t i f i t i s a p p r o v e d on FIRST and SECOND READING t h e n i t i s a u t o m a t i c a l l y on t h e n e x t agenda. C i t y A t t o r n e y Bamburg c o n c u r r e d . Alderman E l l i o t t c o n t i n u e d s a y i n g t h a t t h e n t h e T H I R D and FINAL R E A D I N G w i l l be on t h e December 17th agenda, i f a l l t h r e e r e a d i n g s a r e n o t approved t o n i g h t . VOTE TO APPROVE ORDINANCE 1540 ON SECOND READING: ROLL CALL: Alderman E l l i o t t , Bolden, McCleary, S a n s i n g and Ray v o t e d AYE. Alderman T r a y l o r and Smith v o t e d NAY ( 0 ) . MOTION CARRIED. Mayor F l e t c h e r s t a t e d t h a t O r d i n a n c e 1540 (#20-2015) would be p r e s e n t e d f o r T H I R D and FINAL R E A D I N G a t t h e December 17th C i t y C o u n c i l m e e t i n g . APPOINTMENTS: ANNOUNCMENTS: Mayor F l e t c h e r announced t h a t t h e C h r i s t m a s Open House would be tomorrow a t C i t y H a l l from 1 1 : O O t o 2 : 0 0 , t h e S e r v i c e Awards Ceremony w i l l be h e l d i n t h e C i t y C o u n c i l chambers b e g i n n i n g a t 2:00 p.m. Mayor F l e t c h e r t h e n announced t h a t t h e city was awarded an $80,000 s i d e w a l k g r a n t f o r North F i r s t S t r e e t . D i r e c t o r Durham s t a t e d t h a t j u s t f o r g e n e r a l knowledge, he would l i k e t o s a y t h a t we have gone t h r o u g h t h r e e y e a r s of e x t r e m e l y t i g h t b u d g e t s b e c a u s e t h e economy j u s t h a s n ' t come a r o u n d . I t appears t h a t t h e r e a r e a number of t h i n g s t h a t a r e coming a r o u n d , a d d i n g t h a t he b e l i e v e s i n a l l h o n e s t y t h a t F i n a n c e D i r e c t o r C h e r y l E r k e l would have l i k e d t o have k e p t t h e p e r c e n t a g e i n c r e a s e a l i t t l e s m a l l e r t h a n t h e Mayor and I . He s t a t e d t h a t he w i l l t a k e t h a t blame. He added t h a t t h e r e were some months a t t h e l a s t r e p o r t i n g t h a t t h e C i t y was up 9 % . F i n a n c e D i r e c t o r C h e r y l E r k e l c l a r i f i e d t h a t t h e County was up 4 % and t h e C i t y was up 3 % .  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 1 0 , 2015 7:00 P.M. - 7 : 4 1 P.M. D i r e c t o r Durham q u e s t i o n e d what month t h a t t h e C i t y had a r e a l h i g h percentage. He t h e n s t a t e d we h a v e t h e c o n s t r u c t i o n , p o i n t i n g o u t h e h a s s a i d t h i s b e f o r e , t h a t when t h e C i t y annexed t h e n o r t h e r n c o r r i d o r , when t h e y f i n i s h what i s b e i n g done now, t h e y w i l l jump o v e r and b e g i n from J a c k s o n v i l l e t o Cabot. He a d d e d t h a t t h e Highway p r o p e r t y i s i n t h e C i t y , n o t j u s t t h e l a n d f a c i n g t h e Highway b u t t h e Highway i t s e l f i s City. He s t a t e d t h a t t h e r e w i l l be y e a r s o f t h i s c o n s t r u c t i o n g o i n g on a n d h e b e l i e v e s t h a t J a c k s o n v i l l e w i l l s e e a n i n c r e a s e above t h e o t h e r c i t i e s j u s t b a s e d on t h o s e c o n s t r u c t i o n s . He o f f e r e d , a l l t h a t s a i d , he c a n t e l l C i t y C o u n c i l t h a t n e x t y e a r e a c h month, t h e b u d g e t i s g o i n g t o b e a work i n p r o g r e s s , i f t h e r e v e n u e s a r e n o t t h e r e we w i l l b e g i n t o w i t h h o l d t h i n g s t h a t n e e d t o be w i t h h e l d t o n o t go o v e r b u d g e t a t t h e e n d of t h e year. He p o i n t e d o u t t h a t t h e D i r e c t o r s have k e p t i n t h e i r budgets, under budget. He s t a t e d t h a t t h e P o l i c e Department was one o f g l a r i n g t h i n g s t o him b e c a u s e i t l o o k e d l i k e t h e C h i e f had gone $200,000 o v e r b u d g e t , which i s n o t t h e c a s e , i t i s i n t h e way F i n a n c e D i r e c t o r Cheryl Erkel r e p o r t e d i t . We t o o k t h e $ 9 0 , 0 0 0 from M a g e l l a n t h a t t h e y p a i d a n d we b o u g h t two p o l i c e c a r s . He s t a t e d t h a t t h e r e was a n expenditure of $ 9 0 , 0 0 0 a n d a n income o f $90,000; t h a t and some r e i m b u r s e m e n t s t h a t t h e C h i e f g o t on o v e r t i m e , t h e b o t t o m l i n e was t h a t he d i d n o t go o v e r t h e b u d g e t t h a t h e was g i v e n , t e c h n i c a l l y . He r e l a t e d t h a t n e i t h e r d i d t h e o t h e r D i r e c t o r s , s o he i s a s k i n g Finance D i r e c t o r C h e r y l E r k e l i f t h e r e i s a b e t t e r way t o r e p o r t t h a t s o t h a t t h e C i t y C o u n c i l c a n s e e t h a t t h e r e was a r e v e n u e a n d t h a t t h e r e was a n e x p e n d i t u r e t h a t was u n a n t i c i p a t e d i n t h e o r i g i n a l b u d g e t . He commended t h e D i r e c t o r s f o r working r e a l l y h a r d a n d s t a t e d t h a t we a r e g o i n g t o keep d o i n g t h a t a n d t h e C i t y i s g o i n g t o move f o r w a r d . ADJOURNMENT : Without objection , Mayor Fletcher adjourned the meeting at approximately 7 : 4 1 p.m. MOTION CARRIED. Respectfully , Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2015 7:00 P.M. - 7:17 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 17, 2015 at the regular meeting place of the City Council. Alderman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Mashburn, Traylor, Twitty, Smith, and Howard answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Others present for the meeting were: Director of Administration Jim Durham, Finance Director Cheryl Erkel, Accounts Receivable Specialist Nikki Wilmoth, Police Chief Kenny Boyd, IT Director Scott Rothlisberger, Public Works Director Jim Oakley, Parks and Recreation Director Kevin House, CDBG Director Theresa Watson, Human Resource Director Jill ROSS, City Engineer Jay Whisker, 911 Director Tabby Hughes, Finance Accounts Specialist Nikki Wilmoth, Code Enforcement Officer Charlie Jenkins, Planning Commissioner Patrick Thomas, Johnny Simpson, Ken Fletcher, Bob Stroud, Philip and Karen Carlisle, Tommy and Judy Swaim, Shane and Nikki Swaim, Dub Evans, John and Annabelle Davis, Michelle Whited and interested citizens, and members of the press. PRESENTATION OF MINUTES: APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Bolden moved, seconded by Alderman Twitty that the minutes of the regular City Council meeting of 19 November 2015 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Bolden moved, seconded by Alderman Traylor to approve the Regular Monthly Report for November 2015 regarding annual crime statistical comparisons. Code Enforcement for November 2015 Assigned Calls 84 Self-Initiated Calls 465 Follow ups 296 Basketball Goals Meetings/Court Hearings 10 Structures Inspected Citations/Warnings Issued 40 Rental Properties Inspected Notices/Letters Written 8 Properties Red Tagged Vehicles Tagged 1 Search Warrants Served Vehicles Towed 0 Structures Rehabbed Lots posted 0 Structures Condemned Signs removed 103 Houses Demolished by City Trash cans tagged 7 Houses Demolished by Owner Parking Violations 1 Tickets Issue Grass Letters 0 Grass Mowed 0  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2015 7:00 P.M. - 7:17 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Bolden moved, seconded by Alderman Traylor to approve the regular monthly report for November 2015 from the Jacksonville Fire Department, reflecting a fire loss of $76,050.00 and a savings total of $415,000.00. ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Mashburn, Traylor, Twitty, Smith, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: SPECIAL RECOGNITION Mayor Fletcher offered special recognition to former Mayor Tommy Swaim for his years of dedicated service to the City of Jacksonville and its citizens. He related that in speaking with mayors across the State it is hard to find a mayor with the lifespan of Mayor Swaim. He explained that having been an Alderman and now Mayor he has a greater appreciation for the job Mayor Swaim did. He continued to state that he appreciates Tommy Swaim more every single day, now as Mayor he can appreciate how very stressful the job can be. He stated that in Mayor Swaimls tenure he accomplished a lot for the City of Jacksonville, noting that one of the many highlights for our community is the Community Center. He stated had it not been for Tommy Swaim coming up with a way to fund construction without raising taxes it would not have happened, which was very smart and it offered the show piece of Central Arkansas for many years. He noted that other cities have copied Jacksonville, and the Community Center just celebrated the 2oth anniversary. He related that he cannot think of any better way for this Community to honor and remember such a great leader as Tommy Swaim than by renaming the Jacksonville Community Center to the Tommy Swaim Community Center. He read the following statement: "From 1987 to 2009, Tommy Swaim served as a dedicated mayor to the citizens of the great City of Jacksonville and during that time Mayor Swaim developed and implemented the idea of the Community Center complex, that not only would serve the citizens of Jacksonville but also the Central Arkansas Regional area with meeting rooms, sporting events, exercise equipment and indoor aquatics. The citizens of Jacksonville voted in November 1992 to support his vision and leadership through support of a penny sales tax, consequently the City was able to fund the construction and operation of this facility without incurring any debt and that is why it is fitting that today we name our Community Center after Mayor Tommy Swaim."  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 1 7 , 2015 7 : 0 0 P.M. - 7 : 1 7 P.M. Former Mayor Tommy Swaim s t a t e d t h a t when t h e b u i l d i n g was c o n s t r u c t e d h e was a s k e d a b o u t naming i t a f t e r him a n d h e r e l a t e d t h a t h i s r e s p o n s e was t h a t you do n o t b u i l d monuments t o l i v i n g mayors b e c a u s e t h e n t h e y do n o t get reelected. He e x p r e s s e d h i s a p p r e c i a t i o n , s a y i n g t h a t t h i s i s a g r e a t honor. He s t a t e d t h a t J a c k s o n v i l l e i s a g r e a t c i t y and h e h a s a l w a y s f e l t t h a t we h a v e t h e g r e a t e s t e m p l o y e e s . He s a i d h e d o e s n o t m i s s b e i n g Mayor b u t h e m i s s e s t h e employees, a d d i n g t h a t he had g r e a t employees. He r e l a t e d t h a t t h e y worked h a r d f o r n o t t o o much money a n d he b e l i e v e s t h e y a r e s t i l l working h a r d f o r n o t t o o much money. He r e l a t e d t h a t a s h e a s watched t h e C i t y change o v e r t h e y e a r s , he i s p r o u d t o h a v e been a s m a l l o f t h a t c h a n g e . He added t h a t h e h o p e s t o s e e t h e C i t y move f o r w a r d , s a y i n g t h a t w i t h t h e new s c h o o l d i s t r i c t h e f e e l s t h e n e x t 10 y e a r s w i l l b r i n g m a j o r c h a n g e . He r e l a t e d t h a t t h e new s c h o o l d i s t r i c t was one t h i n g he a l w a y s wanted t o s e e happen a n d now w i t h t h e e f f o r t s o f t h e C i t y C o u n c i l , Mayor F l e t c h e r , t h e c i t i z e n s , a n d some v e r y d e d i c a t e d v o l u n t e e r s ; we have o u r own s c h o o l d i s t r i c t . He t h a n k e d everyone f o r t h i s honor. b. AMENDED VERSION THIRD and FINAL READING ORIDANANCE 1540 (#20-2015) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2016; 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. Alderman T r a y l o r moved, s e c o n d e d by Alderman McCleary t o p l a c e O r d i n a n c e 1540 on THIRD AND FINAL READING. Alderman T r a y l o r n o t e d t h a t t h e O r d i n a n c e listed that it has been amended; he r e q u e s t e d t o know t h e c h a n g e . ROLL CALL: Alderman E l l i o t t , Bolden, McCleary, Sansing, Mashburn, T r a y l o r , T w i t t y , Smith a n d Howard v o t e d AYE. NAY ( 0 ) . MOTION CARRIED. Finance D i r e c t o r Cheryl E r k e l r e l a t e d t h a t a t t h e p r e v i o u s C i t y Council m e e t i n g , Alderman T r a y l o r had q u e s t i o n s r e g a r d i n g t h e c o s t o f goods s o l d f o r t h e S h o o t i n g Range, e x p l a i n i n g t h a t s h e r e s e a r c h e d a n d found t h a t t h e t a r g e t s a r e i n c l u d e d i n t h e c o s t of goods s o l d . She s t a t e d t h a t t h e c o s t o f goods s o l d i n c l u d e t a r g e t s , p r o - s h o p i n v e n t o r y , a n d ammunition. She t h e n e x p l a i n e d t h a t s h e went back a n d r e v i e w e d t h e r e v e n u e s a s s o c i a t e d w i t h t h e S h o o t i n g Range t a r g e t s a n d t h e f e e s ; a d d i n g t h a t t h o s e r e v e n u e i t e m s have been i n c r e a s e d . She r e l a t e d t h a t r e v e n u e s f o r t h e t a r g e t s were i n c r e a s e d $ 5 4 , 0 0 0 . 0 0 , f e e s were i n c r e a s e d by $ 1 3 , 0 0 0 . 0 0 a n d t h e p r o - s h o p r e v e n u e s a l e s were i n c r e a s e d by $ 1 0 , 0 0 0 . 0 0 .  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 1 7 , 2 0 1 5 7 : 0 0 P.M. - 7:17 P.M. S h e r e l a t e d t h a t w h i l e s h e was r e v i e w i n g t h e b u d g e t , s h e d i s c o v e r e d some other corrections: a n i t e m i n t h e 9 1 1 b u d g e t f o r s u p p l i e s was miscalculated, a c o r r e c t i o n i n t h e I T budget regarding ClearPointe managing s e r v i c e s , a n d a c o r r e c t i o n f o r t h e P a r k s a n d R e c r e a t i o n a t h l e t i c supplies. She added t h a t s h e a l s o reduced t h e p r i v i l e g e t a x revenues by $16,000.00, following o t h e r r e s e a r c h r e g a r d i n g c o u r t f i n e s s h e changed t h e o r i g i n a l lump sum o f $ 6 0 0 , 0 0 0 . 0 0 b e c a u s e p a r t o f t h a t s h o u l d h a v e been s e p a r a t e d o u t t o h e l p o f f s e t t h e c o s t s o f t h e P u l a s k i County J a i l . She c o n t i n u e d s a y i n g t h a t t h e c o u r t f i n e s h a s b e e n d e c r e a s e d $120,000.00, a d d i n g t h a t t h e f i n e s f o r t h e j a i l c o s t s o r i g i n a l l y had z e r o , which h a s now b e e n c h a n g e d t o $ 7 5 , 0 0 0 . 0 0 . She s t a t e d t h a t s h e a l s o i n c r e a s e d t h e p o l i c e w a r r a n t s t o $500,000.00. Mayor F l e t c h e r a s k e d f o r a m o t i o n t o amend O r d i n a n c e 1 5 4 0 t o t h e amended version provided t o City Council. Alderman Traylor moved, seconded by Alderman Bolden to amend Ordinance 1 5 4 0 (#20-2015) as provided. ROLL CALL: A l d e r m a n E l l i o t t , B o l d e n , M c C l e a r y , S a n s i n g , M a s h b u r n , T r a y l o r , T w i t t y , S m i t h a n d Howard v o t e d AYE. NAY ( 0 ) . MOTION CARRIED. Whereupon D e p u t y C i t y C l e r k Rhea r e a d t h e h e a d i n g o f O r d i n a n c e 1 5 4 0 . A l d e r m a n S a n s i n g moved, s e c o n d e d b y A l d e r m a n M c C l e a r y t o a c c e p t O r d i n a n c e 1 5 4 0 o n THIRD and FINAL READING as AMENDED. ROLL CALL: A l d e r m a n E l l i o t t , B o l d e n , M c C l e a r y , S a n s i n g , M a s h b u r n , T r a y l o r , T w i t t y , S m i t h a n d Howard v o t e d AYE. NAY ( 0 ) . MOTION CARRIED. A l d e r m a n B o l d e n moved, s e c o n d e d b y A l d e r m a n M c C l e a r y t h a t t h e EMERGENCY CLAUSE b e a p p r o v e d a n d a d o p t e d . ROLL CALL: A l d e r m a n E l l i o t t , B o l d e n , M c C l e a r y , S a n s i n g , M a s h b u r n , T r a y l o r , T w i t t y , S m i t h a n d Howard v o t e d AYE. NAY ( 0 ) . MOTION CARRIED. ORDINANCE 1 5 4 0 ( # 2 0 - 2 0 1 5 ) APPROVED AND ADOPTED THIS 1 7 ~ ~ OF DECEMBER, DAY 2015 APPOINTMENTS: PLANNING COMMISSION Alderman Traylor moved, seconded by Alderman Bolden to approve the reappointment of Jim Peacock, Jr. for a term to expire 0 1 / 0 1 / 2 0 1 9 . MOTION CARRIED . ANNOUNCMENTS: C i t y H a l l w i l l b e c l o s e d December 24th a n d 25th f o r the C h r i s t m a s H o l i d a y s a n d J a n u a r y lStf o r N e w Year's Day. Thursday, December 24th s a n i t a t i o n r o u t e s w i l l r u n o n Wednesday, December 23rd. Animal C o n t r o l w i l l h a v e no f e e a d o p t i o n , y a r d s a l e , C h r i s t m a s p h o t o s h o o t , a n d C h r i s t m a s m a r k e t w i t h v e n d o r s o n S a t u r d a y , December 1 9 , 2 0 1 5 .  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2015 7:00 P.M. - 7:17 P.M. Mayor Fletcher then announced that a Jacksonville Community Theater has started and it will be held at the Light House Charter School December 1 8 ~ and~ lgth performances will be at 7:30 p.m. with tickets available at the door. Mr. Phillip Carlisle offered public comment, stating that his question and concern is regarding the City code that deals with mowing of grass. He related that he has requested that a lot in his neighborhood be mowed and has had no luck getting any response. He stated that he has been trying to get this achieved all summer. He explained that he began with City Engineer Whisker at their Rotary meetings, and was told that he needed to call the Code Enforcement. He said he then called Code Enforcement with no response and from there he went to speak to the Police Chief and still nothing was done. He stated that the Police Chief told him that he was the ultimate responsible party at the Department and he would make a decision and get back with him. He stated that after that did not happen, he called Director of Administration Jim Durham and then called back and talked to Mayor Fletcher. He stated that after some conversation, he was told that the City would enforce the code, adding that still nothing happened. He continued saying that a month after that he called the Mayor again and was told that he was starting a real "fire storm" if he continued to pursue this. He stated that in his neighborhood he has one of the lots that more than 1 acre and less than 5 acres so by code it has to be mowed to 15". He related that his neighbor has tall weeds but his whole yard is not that way. He explained that his neighbor mows 2/3 of his yard to zero inches every Friday but 1/3 he does not. He went on to explain that the 1/3 part is next to his grandchildren's home. He related that anyone will do anything to protect their children and grandchildren, so he is asking the City to enforce their codes. He stated that he is trying to protect his grandchildren from the rats, mice, varmints and snakes because their play area is adjacent to this 1/3 area that is not mowed. He reiterated that he would like for the City to enforce the code, saying that the City protects citizens everyday with Police, Fire, and ambulance services. Our City Code Officers protect us when we build homes and now he is asking that they continue to protect his family by enforcing the code. He thanked the City Council for the opportunity to address them. ADJOURNMENT : Without objection, Mayor Fletcher adjourned the meeting at approximately 7:53 p.m. MOTION CARRIED. Respectfully, Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer  CITY OF JACKSONVILLE ANIMAL SHELTER MONTHLY REPORT REPORTING PERIOD: fn - SW , " a a , s 8 , - L a m - a, = :~ E g%n ; ~ ~, 2 g~ :g~to gg gJ$ a - u c = m a P g m" g n- 3u703 3 "J L + U u2zaJ,,,u g$ .$aaeaarci ?"a' cg,- a, C L I b 5 n E m w .eka,9.28 "Y + 7~ Y ' L - a Q a 4 m " J ' Z C &!z m a -= 3 a , = ~ -= s ~ ~ ~ ~ z l t o o 0 s g pg ; ; g g z F .am,= =2 m 'b%, . g 0.r g ~ $ u u a , m a,g5 $ a m " c $ 5 5 ' e s z z s m I%$$ ~ ~ 5 ~ 5 2  RESOLUTION NO. 735 (#01- 2016) A RESOLUTION CONFIRMING IMPLEMENTATION OF A PASS THROUGH CHARGE UNDER JMC 8 13.16.016 FROM CENTRAL A R M NSAS WATER TO ALL JACKSONVILLE WATERWORKSRA TEPAYERS FOR BILLING AND PA YMENT OF THEPASS THROUGH CHARGE FROM CENTRALA R M NSAS WATERAUTHORTTY AS OF JANUAR Y 1,2016; AMENDING JMC§§ 13.16.010-13.16.014; AND, FOR OTHER PURPOSES. WHEREAS, because of a Pass Through Charge (PTC) assessed to JacksonvilleWater Works (JWW) by Central Arkansas Water (CAW) for an increase to public water rates for all customers of Jacksonville Water Works, JWW is implementing the PTC for JWW ratepayers as of January 1, 2016; and, WHEREAS, with authority granted through 3MC fj 13.16.016, Jacksonville Water Commission authorized implementation of the 2016 Pass Through Charge from CAW in its December 16, 2015 meeting to all JWW ratepayers. I n an effort to make the public aware of the increase in charges, the Water Commission has requested that the City Council also acknowledge the 2016 PTC through passage of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JACKSONWLLE, ARICANSAS, THAT= SECTION ONE: Pursuantto authority granted under JMC fj 13.16.016 and per the November 13, 2014, CAW Resolution 2014-10 from Central Arkansas Water (CAW) regarding the first step of a Multi-phase Pass Through Charge, ratepayers of the Jacksonville Water Works (JWW) will pay additional amounts for water service as follows. For 2016, there will be an increase of Six Cents ($0.06) per One Thousand (1,000) Gallons collected from all Inside JWW ratepayers, including Wholesale, Residential, Industrial, and Commercial Customers, and an increase of Forty-two Cents ($0.42) per Customer Charge to all Water Works customers so as to equate JWW's proportional share of CAW'S2016 Pass Through Charge. Said Pass Through Charge is equivalent to an approximate Ten and No/lOO Percent (10.0O0/o) annual water purchase rate increase and should result in an increase of approximately Six Cents ($0.06) per One Thousand Gallons (1,000G) of usage for a JWW customer, regardless of classification. Said Pass Through Charge will be implemented and collected from all Inside JWW ratepayers, including Wholesale, Residential, Industrial, and Commercial customers, beginning January 1, 2016, until further determined, with initial payment due Central Arkansas Water as of February 2016. Implementation of this Pass Through shall also affect the rates of those customers paying Outside City water rates in a proportional manner as required under the terms of this Chapter. Per JIYC tj13.16.016, regardless of the above calculations, only that exact charge assessed by CAW will be assessed against and passed through to JWW ratepayers, as approved by the Jacksonville Water Commission and this City Council in compliance with JMC fj 13.16.016. RESOLUTION NO. 735 (#01-2016) Page Two SECnON TWO: Any and all other Resolutions in conflict herewith are hereby repealed to the extent of said conflict. SECTION THREE: This Resolution shall be in force and effect from and after its date of passage. APPROVED AND ADOPTED THIS DA Y OF JANUARY, 2016. MA YOR GARY FLETtCHER SUSAN DA VlT7; CITY CLERK APPROVED AS TO FORM: ROBERT E BAMBURG, CITYATTORNEY  ORDINANCE NO. 1536 (#I 6 2015) - AN ORDINANCEAMENDINGJMCg 5.04. TOPRO VIDE MODIFICATION OF THE CITY'S BUSINESS PRIVILEGE LICENSE REQUIREMENTS; AND, FOR OTHER PURPOSES. WHEREAS, the City's Privilege License Schedule has not been modified since 1974, has become outdated, and does not address the needs of the City for those local businesses, corporations, entities, individuals, and professionals who wish to operate within the City; and, WHEREAS,after several meetings and research, the City Council's Committee prepared the following modifications and revisions to the City's Business Privilege License Program for review and consideration. The Committee recommends that the City Council adopt such modifications after hosting a Public Hearing regarding the matter. NOW, THEREFORE, BE I T ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE,ARM NSAS, THAT= SECTION ONE: JMC 5 5.04.010 (LICENSE PAYMENT REQUIRED) is hereby amended and modified to read as follows: It is ~~nlawfulfor any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship to begin, commence, conduct, or engage in any business activity within the City for which a Business Privilege License is required under the terms of this Code without first obtaining a License and tendering payment of the appropriate amount due. SECTION TWO: JMC 5 5.04.020 (LICENSE COVERAGE PERIOD) is hereby amended and modified to read as follows: All license issued under this Chapter shall be valid for the calendar year in which said license is issued. However, any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship opening subsequent to J~lly of lSt any calendar year shall only pay a monthly pro-rated amount of the annual Business Privilege License amount for the remainder of that calendar year. SECTION THREE: JMC jE 5.04.030 (SEPARATE LICEIVSE ISSUANCE REQUIREMENTS) is hereby amended and modified to read as follows: ORDINANCE NO. 1536 (#16-2015) Page Two For any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship with multiple physical addresses and/or business(es) operations within the City, a separate Business Privilege License shall be required for each such separate business/business location. SECTION FOUR: JMC €j 5.04.040 (LICENSE ISSUANCE AND REQUIRED INFORMATION) is hereby amended and modified to read as follows: Upon receipt of the appropriate annual payment of a Privilege License Tax and satisfaction of all requirements and applicable Code/legal provisions, it is the duty of the City to issue an annual Privilege License for every business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship seeking such. On said License and/or Application shall be the name of the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorsl-lip to whom the License is issued, the activity, business, function, profession, and/or service to be provided, the address and location for which the License is issued, and the appropriate contact information (address(es), email, telephone(s), etc.) for a designated representative(s) of the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship licensed. SECTION FIVE: 3MC 5 5.04.060 (LICENSE ISSUANCE AND NON- TRANSFERABILITY) is hereby amended and modified to read as follows: Any License issued hereunder is neither non-transferable nor assignable. Upon the sale, merger, or transfer of ownership of a business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship, a new owner must register and apply for a new Business Privilege License within Thirty (30) days of the date of transfer and/or re-opening of the business. SECTION SIX: 3MC €j 5.04.070 (PRIVILEGE LICENSE DUE DATE AND DELINQUENCY PENALTIES) is hereby amended and modified to read as follows: A) All business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship operating within the City of Jacksonville shall pay in advance on January lStof every year for his/her/its annual Business Privilege License. Failure to pay in full any balances due the City no later than Febr~~ary lStof each year will be classified as delinquent ORDINANCE NO. 1536(#I 6-2015) Page Three payments and subject to an Administrative Penalty Fee of Fifty Dollars ($50.00) per delinquent License. B) Any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship subject to payment requirements of this Code shall, upon request by the City/Cityfs agent(s), make available their accounting and business records for review by the City for substantiation of amounts due under the provisions of this Code. SECTION SEVEN: :IMC fj 5.04.080 (PENALTY) is hereby revoked and replaced with JMC fj 5.04.150 (ENFORCEMENT AND PENALTIES). SECTION EIGHT: :IMC fj 5.04.080 (EXEMPTIONS FROM PRIVILEGE LICENSE PAYMENTS AND REQUIREMENTS) is hereby created and modified to read as follows: (A) Those charitable, non-profit, and/or religious corporations, entities, and organizations fully recognized and/or registered as such with the appropriate State and Federal Agencies are hereby exempt from the payment of a Privilege License as long as the business activity(ies) islare directly related to the primary purpose(s) of their charitable and/or religious organization. Solicitation activity(ies) associated with said charitable, non-profit, and/or religious organizations within the City are, however, subject to registration with the City prior to enactment of any solicitation activity(ies); (B) A business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship granted an exemption under State and/or Federal law from local Privilege License Payments shall be exempt from payment, but shall be required to register with the City for each year in which said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship conducts business activity within the City; and, (C) IVo individual under the age of Eighteen (18) years of age shall be required to register or obtain a business license. SECTION NINE: JMC fj 5.04.090 (STATE LICENSURE REQUIREMENTS) is hereby created and modified to read as follows: IVo City of Jacksonville Privilege Business License shall be issued to any business, corporation, entity, individual, partnership, and/or professional who is ORDINANCE NO. 1536 (#16-2015) Page Four required to hold a valid State and/or Federal License or Certificate until said State and/or Federal License/Certificate has been issued. Should said State and/or Federal License/Certificate expire, be revoked, or be withdrawn, temporarily or permanently, said business, corporation, entity, individual, partnership, and/or professional shall concurrently lose their City Privilege Business License as well and remain ineligible for such until the State and/or Federal License/Certificate is reinstated. SECTION TEN: :IMC 5 5.04.100 (BUSINESS PRIVILEGE LICENSE SCHEDULE) is hereby amended and modified to read as follows: (A) P~.~rsuant to the determination that conducting a business operation within the City is a privilege, the following annual Business Privilege License Schedule is set forth: 1 Alcohol Sales - Hospitality, Private Clubs, Restaurant, Retail, &/or Wholesale 0 - 2000 Square Feet $ 500.00 2001 - 3000 Square Feet $ 525.00 3001 - 4000 Square Feet $ 550.00 4001 - 5000 Square Feet $ 575.00 5001 - 6000 Square Feet $ 600.00 6001 - 9,999 Square Feet $ 700.00 10,000 Square Feet & above $ 825.00 + $0.025 cents per square foot above 10,000 SF 2) Bakeries & Restaurants (No Alcohol Sales) 0 - 2000 Square Feet $ 100.00 2001 - 3000 Square Feet $ 125.00 3001 - 4000 Square Feet $ 150.00 4001 - 5000 Square Feet $ 175.00 5001 - 6000 Square Feet $ 200.00 6001 - 9,999 Square Feet $ 300.00 10,000 Square Feet & above $ 425.00 + $0.025 cents per square foot above 10,000 SF 3) Banks (Per Location) $ 400.00 4) Beauty Salons & Barber Shops $ 50.00 + $10.00 per Stylist or Barber 5) Billboards - Poster or Bulletin (Per Face) $ 100.00 ORDINANCE NO. 1536 (#16-2015) Page Five 6) Business/Retail, Hospitals, IVursing/Care Facilities, & Sales 0 - 2000 Square Feet $ 100.00 2001 - 3000 Square Feet $ 125.00 3001 - 4000 Square Feet $ 150.00 4001 - 5000 Square Feet $ 175.00 5001 - 6000 Square Feet $ 200.00 6001 - 9,999 Square Feet $ 300.00 10,000 Square Feet & above $ 425.00 + $0.025 cents per square foot above 10,000 SF 7) Contractor(s) and Specialty Trade(s) $ 100.00 8) Daycare Centers Home Based $ 100.00 0 - 1000 Square Feet $ 100.00 1001 - 2000 Square Feet $ 150.00 2001 - 3000 Square Feet $ 200.00 3001 - 4000 Square Feet $ 250.00 4001 - 5000 Square Feet $ 300.00 5001 - 6000 Square Feet $ 350.00 6001 - 9,999 Square Feet $ 550.00 10,000 Square Feet & above $ 800.00 + $0.025 cents per square foot above 10,000 SF 9) Flea Markets, Antiques, Pawn Shops, & Consignments 0 - 1000 Square Feet $ 150.00 1001 - 2000 Square Feet $ 200.00 2001 - 3000 Square Feet $ 250.00 3001 - 4000 Square Feet $ 300.00 4001 - 5000 Square Feet $ 350.00 5001 - 6000 Square Feet $ 400.00 6001 - 9999 Square Feet $ 600.00 10,000 Square Feet & above $ 850.00 + $0.025 cents per square foot above 10,000 SF 10) Funeral Homes $ 300.00 11) Home Based Business(es) $ 100.00 12) Hotels/Motels $ 200.00 + $2.00 per room ORDINANCE NO. 1536(#I 6-2015) Page Six 13) Licensed Professionals $ 150.00 (Includes, but is not limited to, Appraisers, Accountants, Architects, Attorneys, Auditors, Chiropractors, Dentists, Engineers, Optometrist, Opticians, Physicians, Psychologists, Veterinarians) Non - Licensed Professionals $ 75.00 (Includes, but is not limited to, unlicensed Accountants, Tax Preparation Services, and other such business professionals) 14) Lumber / Hardware 0 - 50,000 Square Feet $ 500.00 50,001 - 99,999 Square Feet $1,000.00 100,000 Square Feet & above $1,500.00 + $0.025 cents per square foot above 100,000 SF 15) Manicurists $ 50.00+ $10.00 per technician 16) Manufacturing/Production Less than 50 Employees $ 500.00 50 - 100 Employees $ 625.00 101 Employees or above $ 750.00 17) Mobile Food Vendors (No Alcohol Sales) $ 50.00 18) Mobile Home Parks $ 100.00 + $50.00 per acre in Park 19) Motor Vehicles (including AlVs, autos, boats, cars, motorcycles, mowers, RV's, & trucks) Automatic & Self Service Car Wash $ 100.00 Detail Service Providers $ 100.00 Dealers - New $ 750.00 Dealers - Used $ 250.00 Gas Stations/Convenience Stores $ 200.00 + $15.00 per grade of gasoline offered Paint & Body Shop $ 150.00 Parts Supply (Retail & Wholesale) $ 150.00 Repair Shop $ 150.00 Repair / Tire Shop $ 200.00 Salvage $ 300.00 + $10.00 per acre Towing Services/Wreckers $ 200.00 ORDINANCE NO. 1536(#I 6-2015) Page Seven Transportation Services $ 100.00 + $25.00 per vehicle 20) Real Estate SalesIManagement $ 100.00 + $75.00 per licensed AgentIBroker 21) Vending KiosksIMachine Operators $ 50.00 SECTION ELEVEN: JMC 5 5.04.110 (BUSINESS(ES), ENTITY(:[ES), & INDIVIDUAL(S) NOT COVERED BY SCHEDULE) is hereby amended and modified to read as follows: Any other business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship not covered by the above listed schedule shall pay One Hundred Dollars ($ 100.00) annually for a Privilege Business License. SECTION TWELVE: IMC 5 5.04.120 (COMMERCIAL W A S E HAULERS) is hereby created and modified to read as follows: Any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship licensed as a commercial hal-~lerof garbage, refuse, trash, and/or waste operating and/or providing said services with the City limits shall be issued or hold a current and valid Business Privilege License and assessed Seven Dollars ($7.00) per d~.~mpster/collection unit per month for unit(s) located within the City. Said assessments shall be paid through the City Clerk's Office on or before the Fifteenth (15~~)day of each month for the number of dumpsters/collection units located within the City as of the First (lSt)day of the previous month, together with a Report. Should the Report Form and payment not be received on or before the Fifteenth (15~~) day of the month, an Administrative Fee shall be assessed of no less than Ten Percent (1O0/o) against the License Holder. SECT-ION THIRTEEN: JMC 3 5.04.130 (FALSE :[NFORMATION AND STA-TEIVIENTS) is hereby amended and modified to read as follows: It is unlawful for anyone to make and/or provide any false information and/or statements in application of or submission for a business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship's Business Privilege License or its reports provided to the City. ORDINANCE NO. 1536 (#16-2015) Page Eight SECTION FOURTEEN: JMC 5 5.04.140 (SUSPENSION AND REVOCAnON OF BUSINESS PRIVILEGE LICENSE) is hereby created and modified to read the following: 1 I f any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship shall act to operate his/her/its/their business in such a way as to create a fraudulent, unhealthy, unlawfi.~l, unreasonable, unsanitary, or unsafe circumstance(s) or condition(s), be delinquent in submission of any and all payment(s) obligated under this Code or any other City, County, State, or Federal taxes or required fees, has had his/her/its/their local, state, or federal license suspended or revoked, or has conducted its business operations so as to warrant such, the City can suspend and/or revoke said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship's Business Privilege License; 2) Should the City have reason to believe that grounds exist to justify the revocation or suspension of a Business Privilege License, a letter shall be mailed by First Class Mail through the U.S. Postal Service to the Business Mailing Address on file with the City of the affected License Holder. Said letter shall notify the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship of the grounds for revocation or suspension and the date and location of a Hearing regarding said matter within Ten (10) business days. Said letter shall also be emailed if a current email address for said License Holder has been provided to the City; 3) The Director of Administration shall conduct the Hearing, shall receive evidence and information from City employees or others about the grounds for revocation or suspension of the Business Privilege License, then shall allow the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship an opportunity to present evidence and information to rebut any allegations so as to SI-~pportwhy the Business Privilege License should not be revoked or suspended; and, 4) After such a hearing, the Director of Administration shall, solely within his/her judgment, issue a written Ruling within Ten (10) Business days. I n said Ruling, the Director shall have the following options: (a) uphold the City's revocation or suspension of the license; (b) reinstate said Ordinance No. 1536 (#16-2015) Page Nine Business Privilege License; (c) modify said suspension period for no more than Ninety (90) days; (d) place said Business Privilege License on probationary status for no more than Ninety (90) days to allow the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorsl-lip to remedy the violation(s); (e) direct that a citation be issued by the City's Code Enforcement Office for said violation(s); (f) issue a directive for Code Enforcement to issue a Cease & Desist Order for said Business License; (g) issue a directive to withhold any and all City services, including sanitation, wastewater, and water services, to the License Holder's business location(s); and/or, (i) issue a directive of any combination of the above so as to protect the citizens from any unethical, unscrupulous, unhealthy, unsafe, and/or unsanitary business practice(s) by the License Holder. 5) Should any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship whose Business Privilege License has been revoked or suspended by the City disagree, the decision of the Director of Administration shall be appealed to the Pulaski County Circuit Court and/or a court of competent jurisdiction within Thirty (30) days of the date of the Director of Administration's written ruling. SEC7ION FImEEN: JMC 5 5.04.150 (ENFORCEMENT AND PENALTIES) is hereby created and modified to read as follows: It is hereby declared an offense for any business, corporation, entity, individual, institution, partnersl-lip, professional, and/or sole proprietorship conducting such within the City of Jacksonville to fail to and/or refuse to comply with any of the provisions of this Code. I f such occurs, Code Enforcement shall issue a citation to the License Holder and present such to the Jacksonville District Court for adjudication. Upon conviction of said offense, a License Holder shall be fined no less than Two Hundred Dollars ($200.00) and no more than Five Hundred Dollars ($500.00) for an offense, together with applicable Court Costs. Each day said License Holder is/was in violation of the terms of this Code shall constitute a separate offense. SECTION SIXTEEN: JMC 5 5.04.155 (PERIODS OF OPERATION) is hereby created and modified to read as follows: ORDINANCE NO. 1536 (#16-2015) Page Ten (a) Should any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship conducting such within the City of Jacksonville no longer remain open and/or conduct business for a period more than Forty-five (45) days and which has not received a Permit to do so from the City, any Privilege License issued to said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship shall expire. Ifsuch a circumstance is created, said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship will be required to obtain a new Privilege License and satisfy any and all other applicable Code provisions. (b) Exceptions to the provisions of Sub-section (a) above shall be granted for those business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship conducting such within the City of Jacksonville that are seasonal in nature. Examples are, but are not limited to, fresh produce sales, holiday events and sales, grounds maintenance services, and other event-based or seasonal-based business activities. SEC+IONSEVENTEEN: JMC g 5.04.160 (CEASE & DESIST ORDERS) is hereby created and modified to read as follows: I n the event any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship fails to comply with the provisions of this Code and/or any other provision of local, state, or federal law, upon directive of the Mayor, Chief of Police, and/or the Director of Administration, Code Enforcement shall issue a Cease & Desist Order for said Business License and post such on the primary entrance to said business operation and forward one to the License Holder by U.S. Postal Service through the mailing address on file with the City and through a valid email address should one be provided to the City. From the point of posting said Order forward, should m t y p e of business activity take place at the business location upon which said Order is posted, Code Enforcement shall issue a citation to said License Holder for violation of this provision, with adjudication and punishment in accordance with :IMC 5.04.150. Every separate business transaction conducted after a Cease & Desist Order is posted shall constitute a separate offense. SEmION EIGHTEEN: I f any court of competent jurisdiction finds that any section, clause, sentence, or phrase of these Code provisions is invalid or ORDINANCE NO. 1536(#I 6-2015) Page Eleven ~.~nconstitutional, that finding in no way affects the validity of ,the remaining portions of this Code. SECTION NINETEEN: Said Ordinance and the changes included herein shall be in full force and effect from and after its passage and approval as provided by and subject to applicable law. APPROVED AND ADOPTED THIS DAY OFJANUARY, 2016. CITY OF JACKSONVILLE, ARM NSAS GARY FLETCHER, MA YOR SUSAN DA V m , CITY CLERK APPROVED AS TO FORM: ROBERT 15 BAMBURG, CITY ATTORNEY