City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2018 7:00 P.M. – 7:30 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 June 7, 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, IT Director Scott Rothlisberger, Fire Chief Alan Laughy, Parks and Recreation Director Kevin House, CDBG Director Theresa Watson, Human Resource Director Jill Ross, Planning Commission Chairman Jim Moore, Planning Commissioner Patrick Thomas, Sherwood City Engineer Richard Penn, Addie Gibson, Lida Feller, John Donnelly, Kimberly Lett, Cynthia Harbour, Rick Kron, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of May 17, 2018 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Bolden moved, seconded by Councilman Ray that the minutes of the regularly scheduled City Council meeting of 19 April 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 May 2018. Code Enforcement for May 2018 Assigned Calls 110 Self-Initiated Calls 207 Follow ups 227 Structures Inspected 0 Meetings/Court Hearings 1 Rentals Inspected 1 Warnings Issued 96 Properties Red Tagged 0 Tickets Issued 0 Search Warrants Served 0 Notice/Letters written 89 Structures Rehabbed 0 Vehicles Tagged 0 Structures Condemned 0 Vehicles Towed 0 Houses Demolished by City 0 Lots posted 66 Houses Demolished by Owner 1 Signs removed 95 Parking Violations 38 Trash cans tagged 31 Grass Letters 141 Basketball Goals 0 Grass Mowed 84 REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for May 2018. 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2018 7:00 P.M. – 7:07 P.M. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 20 Building Inspections 37 Business Licenses 7 Electrical 35 Plumbing 64 HVACR 29 ROLL CALL: Councilmen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: Request to accept bid regarding a 20-ton air conditioner for the Community Center Councilman Bolden moved, seconded by Councilman Sansing to approve the low bid from Advantage Service Company in the amount of $28,290.42 with funds to be drawn from the Capital Equipment Fund. MOTION CARRIED. PLANNING COMMISSION: GENERAL: a. ORDINANCE 1587 (#09-2018) AN ORDINANCE AMENDING ORDINANCE NO. 1532 (#12-2015) AUTHORIZING APPROVAL OF MODIFICATIONS OF EXPENDITURES UNDER THE 2015 BOND ISSUE BY THE CITY OF JACKSONVILLE, ARKANSAS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND, DECLARING AN EMERGENCY. Mayor Fletcher recalled that in 2015 the City did a bond issue for 8.6 million dollars that consisted of several projects. He explained that one of the projects was a round-a-bout at the intersection of General Samuels and Harris Road, which was suggested because at the time it was anticipated that there would be a new high school built on the property. He related that since that time, the School Board has voted to move the new high school on the property of the former high school and middle school off Main Street. He stated that there are other needs that we would like to transfer the money to. He related that he would like to transfer part of the money to the at- grade crossing on Loop Road. He offered a brief history of plans as long ago as 25 years for two crossing with Metroplan, pointing out that one was the bridge at the end of Main Street and this is the second one. He stated that the engineering costs came in at approximately $145,000.00. He then added that the money has to be spent by September so they are requesting that part of the bond money be used to pay for the engineering fee regarding the Loop Road at-grade crossing project and for repairs regarding the replacement of the Oneida Bridge. He noted that Sherwood City Engineer is at tonight's meeting to address those issues, adding that the engineering fees for the 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2018 7:00 P.M. – 7:07 P.M. Oneida Bridge is approximately $40,000.00. He then stated that the City Council has acknowledged that the City needs to replace one of the ambulances which is approximately $230,000.00. He explained that the Ordinance will modify the funds from being used for the round-a-bout to the items just mentioned. Mr. Jack Truemper clarified that the bond issue was revenue issued, the security was franchise fees, pointing out that it is not a tax backed issue that required a vote by the public. He explained that because it is a revenue issue, the documents provide for a mechanism if there needs to be changes. He noted that the official statement refers to those Capital Improvements specifically identified as listed, and then says “together with such other betterments, improvements as the City shall from time to time deem necessary and appropriate.” He added that the Ordinance approved by the City list the project and then included verbiage “and for other purposes”, recognizing that the City is allowed to make changes by Ordinance. He stated that from the standpoint of Mr. Bamburg it is his understanding that the Ordinance could come in and make these changes and the City Council is permitted to do that. Councilman Ray moved, seconded by Councilman Sansing to place Ordinance 1587 on FIRST 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 1587. Councilman Ray moved, seconded by Councilman McCleary to APPROVE Ordinance 1587 on FIRST READING and SUSPEND the rules and place Ordinance 1587 on SECOND READING. Councilman Traylor questioned Finance Director Cheryl Erkel if she had completed the list of all items that bond money had purchased. He related that the items were supposed to be supplied to him Tuesday and he has not received the list as yet. She offered a list she had brought to the meeting, saying that she had emailed the list earlier. She noted that part of the bond was for refunding the City’s outstanding debt, adding that they had estimated for the First Arkansas Bank & Trust regarding Capital Improvements $1,316,024.93 and the actual refunding ended up being $1,315,866.30. She then related that the City had a loan through BankCorp South for the Shooting Range estimated at $1,346,830.95 and the actual amount refunded was $1,285,670.27. She followed saying then there was the Motorola loan for the 911 equipment which was estimated to be refunded with $1,902,107.67, adding that the actual refunding was $1,906,894.06. She stated that out of the estimated refunding and what was actual, the City actually refunded $55,532.92 less than what was estimated. She then stated that on the Capital Projects we had the rehabilitation of the Central Fire Station with approximate expenditures of $400,000.00 and we actually spend $373,039.77. The City purchased 3 new fire trucks that were estimated at $2,101,500.00 and the actual was $2,100,000.00. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2018 7:00 P.M. – 7:07 P.M. She reviewed the replacement of playground equipment was estimated at $85,000.00, adding that they had spent $190,114.16. She then stated that the round-a-bout was estimated at $750,000.00 and is the one that the City is not doing. She related that they had the rehabilitation of Splash Zone estimated at $551,500.00 and it came in at $417,933.07. She added that the replacement of exercise equipment was estimated at $48,000.00 and it came in at $87,650.29. She related that there is also a Contingency Fund of $200,000.00 for any overages. Councilman Traylor questioned if he is correct that there is still one million of the 8.5 million that has not been used. Finance Director Cheryl Erkel concurred with that estimate. Finance Director Cheryl Erkel then concurred that it correct that it has to be spent by September 2018 otherwise it goes back to reducing the bond indebtedness. Mr. Truemper clarified that 85% has to be spent in the first three years. Finance Director Cheryl Erkel stated that it has to be spent by September and any funds that we do not spend will go back to reducing the bond issue. She stated that it would shorten the timeframe; it will pay off the loans first. Councilman Traylor questioned the useful life of the ambulance being proposed for purchase of bond monies. Chief Laughy answered that the life of an ambulance depends of what you are specking out on what you are going to have; he stated that the one they have is about 20 years. He stated that he believes they may be able to keep the ambulance for as long as 25 years. He noted regarding the purchase of $230,000.00; the basic ambulance of this type starts at $180,000.00 and can go as high as $300,000.00. He stated that they got just enough without overdoing it. Councilman Traylor question if under the third “WHEREAS” the part about “but are not limited” should be removed. He stated that to him it reads as if we can do this but we can do other stuff too. City Attorney Bamburg concurred that you can, adding that is why it is in there. He said that we always leave options open for money to be spent otherwise; if we took that out, we would limit ourselves to only spending on those circumstances. He added that anything that changes that is not listed out specifically, has to come back to the City Council and be presented in the same manner as what is being done with this Ordinance for approval of whatever Capital Expenditure or Improvement projects desired. He concluded saying that it has to be brought back to City Council in order for the expenditures to be appropriated. 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2018 7:00 P.M. – 7:07 P.M. 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 1587. Councilman Sansing moved, seconded by Councilman Ray to further suspend the rules and place Ordinance 1587 on THIRD AND FINAL READING. Councilman Mashburn questioned if the unspent funds could be put into the Police Department, noting that “quite a bit” was taken away in the budget. Mayor Fletcher stated that you want to fund things that are going to have a life expectancy longer than the bond issue such as Councilman Traylor questioned regarding the ambulance. He added that if something comes up for the Police Department it could be brought back before City Council. Councilman Collins questioned if it has to be a Capital Improvement item. City Attorney Bamburg clarified that it has to be a Capital Improvement, Capital Expenditure or Capital Equipment of some type. It needs to be something that will last for close to or past the life of the bond. Councilman Twitty questioned if the City plans to replace the playground equipment at Splash Zone. Parks and Recreation Director Kevin House concurred that it would be as soon as the budget allows for it to be replaced. ROLL CALL: Councilman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith, Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1587. Councilman Ray moved, seconded by Councilman Sansing that Ordinance 1587 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 CLAUSE be approved and adopted. ROLL CALL: Councilmen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. ORDINANCE 1587 (#09-2018) APPROVED AND ADOPTED THIS 7th DAY OF JUNE, 2018. b. RESOLUTION 771 (#08-2018) A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE, ARKANSAS, TO UTILIZE CAPITAL FUNDS FOR THE DESIGN PHASE OF THE ONEIDA STREET BRIDGE REPLACEMENT PROJECT; PROVIDING FOR PAYMENT OF THE DESIGN PHASE OF THE PROJECT AND WAIVING COMPETITIVE BIDDING; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2018 7:00 P.M. – 7:07 P.M. Mayor Fletcher introduced Sherwood City Engineer Richard Penn as the lead on this project. Mr. Penn stated that the Oneida Bridge has to be replaced; Metroplan will assist in locating funds, there is an opportunity at the end of June for funds to possibly be available and if we have the engineering 100% ready for bid, Metroplan would know what amount to look for or request. He stated that it would be either an 80/20 or 90/10 match; and then the three entities, Pulaski County, Jacksonville and Sherwood would split the remaining 10%. He stated that to get to June 30th all entities need to agree to spend $114,882.00, which is 33.3% for Jacksonville and the County and 33.4% Sherwood. He stated that the extra point was given to Sherwood to have the opportunity to have the lead on the project. He stated that it is important that the Bridge be replaced, pointing out that Sherwood is not trapped when the area north of the Bridge floods, however some of Jacksonville’s residents are trapped. He noted circumstances for emergency personnel not being able to use the Bridge. He then stated that the Bridge is already degraded, he stated that given the most recent flood; Judge Hyde had to be contacted to get permission to allow some emergency vehicles to pass. Mayor Fletcher expressed his appreciation for the cooperation between Sherwood, the County and Jacksonville. He expressed further appreciation to Judge Hyde for his cooperation. Mr. Penn related that the County Attorney drafted the agreement, adding that it has been reviewed by the Sherwood City Attorney and offered some suggestions which were made. He stated that Mr. Bamburg now has the agreement for review and will make any suggestions to the County Attorney. He explained that once the agreement is worked out; we must get it signed as soon as possible to allow the engineering firm to move ahead who are strapped for time at this point. He stated that the actual dollar amount for each entity is $39,000.00 range each. Councilman Ray moved, seconded by Councilman McCleary to read Resolution 771. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 771. Councilman Ray moved, seconded by Councilman Sansing to approve Resolution 771 in its entirety. MOTION CARRIED. Mayor Fletcher took this opportunity to introduce the new Police Chief John Franklin who has been on duty for four days. Police Chief Franklin thanked the City for having faith in hiring him, saying that he has already began having meetings with his staff and the public including church and civic groups. He stated that the people of Jacksonville have been warm and gracious to him and his wife over the last few weeks. He stated that it is a pleasure to be here, adding that there is a lot of work 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2018 7:00 P.M. – 7:07 P.M. to be done but a lot has already been accomplished with the initial supervisory meetings. He noted that the City of Jacksonville has a lot of really fine officers in the Department, adding that he is impressed with their professionalism, dedication to the agency, and how much they want to move the Department forward. He stated that he is glad to be there to help in that process. He stated that there is a lot to accomplish, mentioning that they want to get some school resource officers hired on a part time basis and more officers hired hopefully in August or September to replenish the ranks from those who left. He said there is a lot to get done, and they will get it done as a team. APPOINTMENTS: JACKSONVILLE HOUSING AUTHORITY Councilman Ray moved, seconded by Councilman Bolden to approve the reappointment of Jon Johnson for a term to expire 03-30-2023. MOTION CARRIED. ANNOUNCMENTS: Mayor Fletcher announced that the Five-Points of Fun festival will be held June 16th Saturday on Main Street. Councilman Mashburn announced that the Historical Foundation is having its annual Citizens of the Year Award banquet on July 12th tickets are available at $30.00 from Jacksonville Florist or Jacksonville Chamber of Commerce. She noted that the banquet is to honor those who volunteer in the Community. Councilman Ray reminded everyone that the Arkansas Municipal League Summer Conference will begin June 13th and run through the 15th. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:29 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 7