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Minutes for the City Council meeting on October 18, 2005
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CITY COUNCIL MINUTES - OCTOBER 18, 2005
The Jonesboro City Council met Tuesday, October 18, 2005, at 6:30 p.m. Members present were: Mayor Doug Formon, City Clerk, Donna K. Jackson, City Attorney Phillip Crego and twelve council members. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley.
Councilman Perrin moved, seconded by Councilman Moore to approve the minutes of the regularly scheduled meeting held October 4, 2005. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley.
City Attorney Crego announced there was no new litigation to report and provided a written report of current cases.
Finance Director, Larry Flowers provided a financial summary since he was not in attendance at the last City Council meeting. Councilman Farmer questioned the figures shown on the August Executive Summary showing a $45,000,000,000 balance in revenues and a $43,000,000,000 balance in expenses. Mr. Farmer questioned why the figures were higher than they are and how the report should be interpreted. Mr. Flowers responded saying Springbrook software recognizes inter-fund transfers as revenue, so budgets in the sales tax fund Springbrook will show on the revenue report for that fund the actual sales tax collections. He stated Springbrook will also show revenues in the funds they transfer the money to. He stated he would get with Springbrook and see if they could net out the transfers so the bottom line balances with the adopted budget. When asked about his assessment of the Springbrook software Mr. Flowers stated the initial training by Springbrook was not comprehensive enough to meet the needs, but at no additional cost they have agreed to send a more experienced trainer. He stated over all he was pleased with the product and have not experienced any major problems.
The following ordinance was on second reading:
ORDINANCE FOR THE ABANDONMENT OF A PORTION OF UTILITY EASEMENT LOCATED IN ROSSLAND HILLS SUBDIVISION (John McCarthy)
Discussion followed regarding a garage being built over a utility and drainage easement. Mr. Claude Martin, Public Works Director stated it was a combination utility/drainage easement. Councilman Farmer stated he had received information regarding the easement and wanted to know if Mr. Martin had provided the information. Mr. Martin stated he had not. Councilman Farmer requested they find out who issued the building permit for the garage. He explained he had been lead to believe it was a former employee of the city who owned the property at the time the garage was built, but wanted to confirm this information. Mr. Ron Shipley, of the Inspections Department stated he should have records showing who issued the building permit. The decision was made to hold the ordinance until the next council meeting in order to determine this information.
The following ordinance was on the third reading:
ORDINANCE TO REZONE PROPERTY FROM R-2, MULTI-FAMILY LOW DENSITY DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT, FOR PROPERTY LOCATED AT 3807 EAST HIGHLAND DRIVE. (Duyen Tran)
Councilman Perrin moved, seconded by Councilman Street for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned number 3584.
Councilman Street offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM R-1 SINGLE FAMILY MEDIUM DENSITY TO C-3 GENERAL COMMERCIAL, FOR A 7.44 ACRE PARCEL ON THE NORTH SIDE OF HIGHWAY 63 BETWEEN WILLOW ROAD AND RICHARDSON ROAD (Jerry Bowen)
Councilman Moore moved, seconded by Councilman Perrin to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. No further action was taken regarding this particular ordinance.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO CREATE THE JONESBORO URBAN FORESTRY COUNCIL AND SET OBJECTIVES FOR THE MAINTENANCE OF JONESBORO’S PUBLIC TREES
Ms. Pam Alexander addressed the Council stating they had patterned the ordinance after one adopted by the City of Trumann, Arkansas. It was explained members of the Home Builders Association had concerns, and requested the ordinance be held. No further action was taken.
Councilman Farmer moved, seconded by Councilman Province for the adoption of a resolution accepting bids for the irrigation of baseball fields at Joe Mack Campbell Park. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Questions were raised regarding the bidding process. It was explained the project was scaled down to two fields instead of four and this was the second time to bid the two fields. It was further explained that two companies had bid on the irrigation portion of the project: Bennett’s and CNI with Bennett’s being the low bidder. The resolution was assigned number 2005:122.
Councilman Perrin moved, seconded by Councilwoman Williams for the adoption of a resolution accepting bids for the site work preparation for baseball fields at Joe Mack Campbell Park. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:123.
Councilman Moore moved, seconded by Councilwoman Furr for the adoption of a resolution accepting bids for the fencing of baseball fields at Joe Mack Campbell Park. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:124.
Councilman Moore moved, seconded by Councilman Ashley for the adoption of a resolution to contract with East Arkansas Broadcasters and the Canine Sports League for the construction of a dog jumping dock at Craighead Forest Park. Questions were raised regarding the cost of the dock, its placement and the City’s liability. The question was also asked regarding how many for-profit organizations has the City of Jonesboro contracted with for use of city facilities. Mr. Brad Welbourne of the Parks Department responded saying there had been others, and this would not be setting precedence. A voice vote was taken resulting in all members voting aye with the exception of Councilman Hargis who voted nay stating he did not feet there had been enough preparation. Those members voting aye were: Farmer, Province, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:125.
Councilman Perrin moved, seconded by Councilman Ashley for the adoption of a resolution to contract with Toney Auctions to provide auctioneering services for the auction to be conducted on Saturday, October 29, 2005. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:126.
Councilman Perrin moved, seconded by Councilman Moore for the adoption of a resolution to levy a .5 mill on all real and personal property for the Police Pension Fund. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:127.
Councilman Moore moved, seconded by Councilman Ashley for the adoption of a resolution to levy a .5 mill on all real and personal property for the Fire Pension Fund. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:128.
Councilman Perrin moved, seconded by Councilman Hargis for the adoption of a resolution to levy 2 mills on all real and personal property for the Craighead/Jonesboro Public Library. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:129.
Under new business, Mayor Formon announced an auction that would take place October 29, 2005, and explained various departments had installed batteries in the various city cars so they would bring a better price at the auction. Mayor Formon also announced Animal Control and Councilman Hargis were looking at plans for an animal control shelter. He stated they were planning a trip to Hot Springs for the purpose of touring their animal shelter facility. Councilman Hargis explained they had the sewer main and site location, but the priority was the animal shelter.
Councilman Perrin moved, seconded by Councilman Hargis to place an ordinance on the City Council agenda. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO AMEND ORDINANCE NO. 1266 REDEFINING VICIOUS ANIMAL AND REDEFINING PENALTIES FOR HARBORING SAME AND FOR OTHER PURPOSES
Councilman Moore moved, seconded by Councilman Perrin to amend the ordinance changing the $1,000.00 fine to $500.00 in accordance with state law. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Perrin moved, seconded by Councilwoman Furr to suspend with the second and third readings. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Perrin moved, seconded by Councilman Hargis for adoption of the ordinance as amended. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Perrin moved, seconded by Councilman Dover for the adoption of the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned 3585.
Councilman Perrin announced the Finance Committee meeting had been moved to Thursday, October 27, 2005.
Councilwoman Williams announced a coffee reception for this Saturday at 11:00 a.m. at the Edge Coffee House by the Arkansas Association of University Professors for local legislators. She explained Attorney General Mike Beebe would be in attendance and invited members of the Jonesboro City Council. Ms. Williams also announced Hattie Caraway Day for Monday, October 24th from 10:00 a.m. to 3:30 p.m. at the ASU Student Union Center on the third floor auditorium.
Councilman Farmer explained budget procedures were adopted several years ago, and currently the budget process is six weeks behind schedule. He questioned what information could be provided to council members by Friday, October 21, 2005. Mr. Flowers explained the delay was due to trying to implement the new software, and due to his absence. He explained they were currently working on the grants. He further stated Ms. Gail Vickers, Grants Coordinator was trying to tie up loose ends, and planned to meet with her on Friday morning. He stated that was the last department they were meeting with and could provide core figures of the Mayor’s budget by next Monday. Mr. Flowers stated they were working to provide additional information regarding financial trends patterned after Bentonville for distribution to city council members. Councilman Hargis stated the Grants Department would have a minimal impact on the City’s expense and the revenue side is composed of CDBG. Mr. Flowers explained Mr. Paul Copeland had provided inconsistent and/or incomplete information particularly with the transit system. He stated with some of the grant funds there were substantial amounts of expenditures and they were having difficulty finding the associated revenues. He explained they could exclude the grants and deal with them later, but thought they would have it ready by Monday.
Councilman Farmer questioned if the status with Dr. Paul Copeland had been completely rectified, and if they were O.K. legally. Mayor Formon confirmed it had been rectified, and City Attorney Crego stated it was his understanding that Dr. Copeland had signed a release in return for a sum of money, half of which was paid by APERMA and the other half by the City of Jonesboro. Councilman Farmer called for clarification stating he was mentioned as one of three council members claimed to have asked for Dr. Copeland’s resignation or called for an audit. Mayor Formon responded saying he never heard that from Dr. Copeland and never had such a conversation. Mayor Formon stated there were inconsistencies throughout the process of dealing with Dr. Copeland even with both attorneys involved, giving the example of Dr. Copeland’s employment benefits, saying they had received documentation from Paul saying his employment benefits had been denied only to discover that was not true. Mayor Formon explained before discussions began with Dr. Copeland he had contacted Attorney Ralph Ohm and spoke with Attorney Burt Newell (one time) and with Mr. Ohm the rest of the time. Mayor Formon denied telling Dr. Copeland that certain councilmen wanted his resignation. Councilman Farmer stated due to the reports in the Jonesboro Sun he want to get some clarification. He explained all he expects if for people to take responsibility for their actions and to honest about their actions. Mayor Formon responded saying no one on the city council ever asked him or his staff if he had told Dr. Copeland that council members wanted his resignation. Mayor Formon stated Dr. Copeland can elaborate all he wants to, but was told by Mayor Formon that based on information he had received from Attorneys Ohm and Newell he felt confident that if Dr. Copeland came back to work and when disciplinary procedures began it was likely it could lead to termination. He further explained at no time were councilmen identified as requesting Dr. Copeland’s resignation. Mayor Formon stated he ask Dr. Copeland if he felt his credibility had been damaged with him (the Mayor), City Council, Public and Department Heads to which he said Dr. Copeland confirmed he felt like it had. Mayor Formon stated Dr. Copeland asked if there were individuals who were upset that he had gotten a DWI. Mayor Formon stated he informed Dr. Copeland he had received calls from citizens (not council members) stating they were not comfortable having somebody running the transit department who had been charged with a DWI. Mayor Formon stated in conversations with himself, Attorney Newell, and Brian Wadley, Dr. Copeland basically admitted being over medicated, passing out and driving through a neighborhood and crashing his vehicle. Mayor Formon stated because of that he felt once Dr. Copeland returned to work and the toxicology report came back and disciplinary action began Dr. Copeland chose at that point to resign. He further stated he requested Dr. Copeland (if he was going to resign) not to wait till 5:00 p.m. due to the media wanting information, and asked him to turn it in by 12:00 noon. Mayor Formon stated he received Dr. Copeland’s resignation between 9:00 and 9:15 p.m. that same evening that he did not wait until the next day. Mayor Formon explained once Dr. Copeland got in his mind that he was not going to receive his unemployment equaling $9,200.00, he then suddenly wanted the City to secure his unemployment or give him that much money. Mayor Formon stated in return Dr. Copeland agreed to forego any further litigation. He stated they discovered while Dr. Copeland was in Florida he had received at least one unemployment check. He explained Ms. Hackney verified through the Unemployment Security Division that Dr. Copeland would have known he would be receiving the check in the mail. Councilwoman Furr asked for clarification stating herself, Alderman Hargis, and Alderman Farmer were named as the three council members asking for Dr. Copeland’s resignation in the Jonesboro Sun, and if Mayor Formon did not say it, it must have been Dr. Copeland or Mr. Inman (Sun Reporter) made it up. Mayor Formon again stated no one on the City Council asked for Dr. Copeland’s resignation. Councilman Farmer responded saying Mayor Formon had told other council members he had terminated Dr. Copeland, which was the Mayor’s prerogative but if he was going to ask for Dr. Copeland’s resignation take responsibility for it-don’t let other people take the blame. Councilman Farmer further stated comments had been made to other council members that an audit of the department was requested by another alderman. He read an email he had sent to Mayor Formon on September 9, 2005, and asked if Mayor Formon had interpreted that to mean he was requesting an audit. Mayor Formon responded saying no one had requested an audit. Councilman Hargis questioned Sun Reporter, Keith Inman as to why did it appear that the story was reported wrong. Mr. Inman stated the story had not been reported incorrectly, and that he had quoted Dr. Copeland. Councilman Farmer stated everyone needs to take responsibility for their own actions and operate under the premise of honesty and openness with one another because that’s the only way anything will get accomplished.
With no further business, Councilman Perrin moved, seconded by Councilman Ashley to adjourn the meeting. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley.