City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 15, 2018 7:00 P.M. – 7:12 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 March 15, 2018 at the regular meeting place of the City Council. Councilman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Councilman: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT TEN (10) ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Finance Director Cheryl Erkel, IT Director Scott Rothlisberger, CDBG Director Theresa Watson, Battalion Chief Dewey Coy, Humane Resource Director Jill Ross, Parks and Recreation Director Kevin House, 911 Director Tabby Hughes, Water Department Manager Jake Short, Planning Commission Chairman Jim Moore, Bob Johnson, Planning Commissioner Patrick Thomas, Glenda Fletcher, Johnny Simpson, Lida Feller, Rick Kron, Keith Weber, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of March 1, 2018 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Ray moved, seconded by Councilman Bolden that the minutes of the regularly City Council meeting of 15 February 2018 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/CODE ENFORCEMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for February 2018. Code Enforcement for February 2018 Assigned Calls 59 Self-Initiated Calls 218 Follow ups 428 Structures Inspected 0 Meetings/Court Hearings 3 Rentals Inspected 0 Warnings Issued 36 Properties Red Tagged 1 Tickets Issued 0 Search Warrants Served 0 Notice/Letters written 84 Structures Rehabbed 0 Vehicles Tagged 1 Structures Condemned 0 Vehicles Towed 0 Houses Demolished by City 0 Lots posted 0 Houses Demolished by Owner 0 Signs removed 90 Parking Violations 125 Trash cans tagged 6 Grass Letters 0 Basketball Goals 1 Grass Mowed 0 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 15, 2018 7:00 P.M. – 7:12 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Bolden to approve the regular monthly report for February 2018 from the Jacksonville Fire Department, reflecting a fire loss of $231,500.00 and a savings total of $518,500.00. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for February 2018. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 8 Building Inspections 25 Business License 10 Electrical 30 Plumbing 31 HVACR 15 REGULAR MONTH REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Bolden to approve the regular monthly report for February 2018. JANUARY ADOPTION FEES/FINES $1,160.00 CONTRIBUTIONS 0.00 TOTALS $1,160.00 ROLL CALL: Councilmen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. WATER DEPARTMENT: ORDINANCE 1583 (#5-2018) AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF FOURTEEN MILLION TWO HUNDRED EIGHTY-SEVEN THOUSAND TWO HUNDRED SIXTY-THREE AND 94/100 DOLLARS ($14,287,263.94) OF A WATER CAPITAL IMPROVEMENT REVENUE REFUNDING BOND, SERIES 2018, BY THE CITY OF JACKSONVILLE, ARKANSAS FOR THE PURPOSE OF REFUNDING THE CITY’S OUTSTANDING WATER CAPITAL IMPROVEMENT REVENUE BOND, SERIES 2011; PROVIDING FOR PAYMENT OF THE PRINCIPAL AND INTEREST ON THE SERIES 2018 BOND; AUTHORIZING EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT PROVIDING FOR SALE OF THE SERIES 2018 BOND; AUTHORIZING AN AMENDED AND RESTATED MORTGAGE AND SECURITY AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND, DECLARING AN EMERGENCY. Water Manager Jake Short recalled that the original bond was issued for 25 million dollars, which was used to finance the building of five major infrastructure projects listed in the 2008 Master Plan. He stated that the projects have been completed as of 2016 and since a substantial portion of those funds were never used – they have been afforded the opportunity to swoop the current 25 million dollar bond for what is currently owed on the projects. He related that the project costs a total of 17 million out of the original 25 million and today the outstanding debt is slightly more than 14 million dollars. He stated that this will result in a substantial savings for 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 15, 2018 7:00 P.M. – 7:12 P.M. the Water Utility; the annual bond will go from 3.25% to 1.5%. He stated that rather than paving the bond off in 17 years; they will have the bond repaid in 9 years. He added that this will save the Utility approximately 3.3 million dollars. He stated that they feel this is a great opportunity and it is fully back by the Water Commission. Councilman Elliott moved, seconded by Councilman Ray to place Ordinance 1583 on FIRST READING. Councilman Traylor confirmed with Manager Jake Short there would not be any forthcoming rate increases due to the change in bonds. Manager Jake Short stated that this was already based on the rate increase that was done in 2008. He then confirmed with Councilman Traylor that an additional $20,000 would be put aside monthly to repay the bond issue, adding that the Utility has no problem meeting that obligation. ROLL CALL: Councilman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1583. Councilman Ray moved, seconded by Councilman Bolden to APPROVE Ordinance 1583 on FIRST READING and SUSPEND the rules and place Ordinance 1583 on SECOND READING. Jake Superintendant Short then answered Councilman Traylor that the interest rate is .05% and the servicing fee is 1.0%. ROLL CALL: Councilman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1583. Councilman Ray moved, seconded by Councilman McCleary to further suspend the rules and place Ordinance 1583 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1583. Councilman Ray moved, seconded by Councilman Traylor that Ordinance 1583 be APPROVED AND ADOPTED. ROLL CALL: Councilmen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Councilman Ray moved, seconded by Councilman McCleary that the EMERGENCY CLUSE be approved and adopted. ROLL CALL: Councilmen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. ORDINANCE 1583 (#05-2018) APPROVED AND ADOPTED THIS 15th DAY OF MARCH, 2018. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 15, 2018 7:00 P.M. – 7:12 P.M. WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1582 (#04-2018) AN ORDINANCE AUTHORIZING A LEASE AGREEMENT FOR UPGRADES AND IMPROVEMENTS TO THE SERVERS FOR ALL CITY SERVERS THROUGH A THREE (3) YEAR LEASE AGREEMENT; PROVIDING FOR PAYMENT OF THE LEASE OBLIGATION; DECLARING AN EMERGENCY; AND, PRESCRIBING OTHER MATTERS RELATING THERETO. Mayor Fletcher stated that the support data is not available; explaining that City Hall experienced a power outage and the data was not able to be compiled. He pulled the item from the agenda, saying that it would be available on the next regularly scheduled City Council agenda. b. CDBG 2017 CAPER Consolidated Annual Performance & Evaluation Report Councilman Mashburn thanked Director Watson for her work on the report. Councilman Ray moved, seconded by Councilman McCleary to approve the annual 2017 CAPER Consolidated Annual Performance & Evaluation Report from CDBG Director Watson. MOTION CARRIED. APPOINTMENTS: ANNOUNCMENTS: Mayor Fletcher read the following statement. “For almost 9 months, our City has endured an unnecessary legal battle over my appointment of Geoff Herweg as Police Chief. It has been a costly battle, both monetarily and otherwise. And in its creation, a division among the citizens, City officials, and members of the Police Department as we supported a man – who I know, was and is the best choice for that position. As you know, the Circuit Court issued a temporary restraining order on June 29, 2017; prohibiting Herweg from holding the position of Police Chief. We appealed the Circuit Court decision because it was the right thing to do; the applicable law had not been applied to appointed Municipal offices previously. Unfortunately, the Arkansas Supreme Court issued an opinion today affirming the Circuit Court’s decision; regrettably the Supreme Court ruling extended prohibition of Article 5, Section 9 of the Arkansas Constitution to any public office of trust or profit; appointed or elected, when the office holder had or has an infamous crime with conviction. Only Justice Hart in her opinion seems to understand the “Pandora’s Box” that has been opened by the Court’s decision. All levels of public office holders are now under such scrutiny. Regardless of what I believe the City will abide by this opinion of the Supreme Court as that is now the law of this great State. I now seek a new Police Chief for our Department who can hopefully heal the 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 15, 2018 7:00 P.M. – 7:12 P.M. division created by these circumstances and move our Department and the City forward. In the meantime, I know members of our Department will continue to professionally serve our citizens to the best of their abilities as they have throughout this circumstance. I wish Geoff and Jeanie the best.” ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:12 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 5