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Minutes for the City Council meeting on November 21, 2006
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PUBLIC HEARING - 6:15 P.M. - A public hearing was held for the purpose of abandoning a 15 foot utility easement located on the north and east sides of Lot 229 of the Sage Meadows Phase II Subdivision as requested by Mr. Bob Troutt. No opposition was voiced.
CITY COUNCIL MINUTES - November 21, 2006
The Jonesboro City Council met Tuesday, November 21, 2006, at 6:30 p.m. Members present were: City Clerk Donna Jackson, City Attorney Phillip Crego and nine council members. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. Council members Moore, Williams and Ashley were unable to attend. Councilman Perrin presided over the meeting in the absence of Mayor Doug Formon who was unable to attend due to funeral visitation.
Councilman Hargis moved seconded by Councilman Johnson to approve the minutes of November 9, 2006, as delivered. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Dover moved, seconded by Councilman Street to suspend the rules and add three items to the agenda under new business. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Street offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM INDUSTRIAL (I-1) TO COMMERCIAL (C-3) LOCATED AT 4201 HIGHLAND DRIVE BETWEEN WATT STREET AND THE RAILROAD. (Mr. Steve Edwards)
Councilman Street moved, seconded by Councilman Dover to suspend the rules for the second reading. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. No further action was taken on this ordinance.
Councilman Farmer moved, seconded by Councilman Street to withdraw the following ordinance from the agenda:
ORDINANCE TO VACATE AND ABANDON A DRAINAGE EASEMENT - LOT 228 OF SAGE MEADOWS PHASE II SUBDIVISION (Bob Troutt)
Questions were raised if the ordinance was for the abandonment of a drainage easement or utility easement because the ordinance referenced both. Councilman Hargis pointed out AT&T was in agreement with the abandonment of a utility easement conditioned on the dedication of another 15 foot utility easement along the northern property line. The decision was made to withdraw it from the agenda till these questions could be answered. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Street offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-2) TO COMMERCIAL (C-2) FOR PROPERTY LOCATED AT 1024 E. WASHINGTON. (Jay Goodman)
Councilman Farmer moved, seconded by Councilman Street to suspend the rules for second reading. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. No further action was taken on this ordinance.
A resolution accepting Bid No. 2006:63 and approving a contract with Alvin Crabtree for the construction and installation of JETS Shelters was discussed. Councilman Johnson stated the Public Services Committee had requested the wording in the bid specifications be the same as in the contract and to read: “All jobs shall be completed within 120 calendar days from Notice to Proceed. Failure to do so shall result in a $200.00 per day penalty until job is completed.” However, the contract presented by Mr. Joel Gardner, JETS Coordinator had the following additional wording, “. . . Notice to Proceed, not including delays due to rain days or temperatures below forty degrees (40º). . . ” Mr. Gardner, explained this wording is standard in other city contracts and he made the decision to include it because he had no way of predicting the weather. Councilman Johnson questioned enforcement of the penalties, raising questions regarding the interpretation of “rainy days”. Mr. Gardner stated Mr. Crabtree indicated he could complete the work within the 120 day time period minus sleet and rain delays. Councilman Farmer questioned Mr. Mike Cameron if there was a standard interpretation of a “rainy day” in construction contracts. Mr. Cameron explained the State Highway Department takes bids and advertises by three methods: Fixed day of completion, Calendar days, or Working days completion. He further explained whichever method is used, then the specifications should define a “working day”, “calendar day”, or “rainy day”. City Attorney Crego stated the contract with Alvin Crabtree provides some industry standards for hot and cold weather concreting, but was unsure what those standards were. Councilman McCall stressed the Public Services Committee had approved the contract based on the wording (not including delays due to rain days or temperatures below forty degrees (40º). . .) taken out of the contract. Councilman Johnson moved, seconded by Councilwoman Furr to strike the wording in Article 2 of the contract, “not including delays due to rain days or temperatures below forty degrees (40º). . .” A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. Councilman Johnson moved, seconded by Councilman Hargis for the adoption of the resolution to include the amended contract. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. The resolution was assigned number 2006:149.
Councilman Johnson moved, seconded by Councilman Dover for the adoption of a resolution for Public Comment Policy on fare and service changes for JETS. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. The resolution was assigned number 2006:150.
Councilman Street moved, seconded by Councilman Dover for the adoption of a resolution accepting Bid No. 2006:65 for an ADA Mini Van from Presidential Conversions for $26,000.00. Mr. Gardner explained it was an 80/20 funding match and money was in the 2007 Transportation Program as was the contract with Alvin Crabtree (Resolution No. 2006:149). A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. The resolution was assigned number 2006:151.
Under new business, Mr. Don Ray, Finance Director explained the Restricted Funds (Capital Improvements) portion of the budget was complete but would be hand delivered tomorrow due to page numbering errors. Councilman Farmer explained according to State Law the budget must be submitted to the City Council by December 1st, so only previously committed Capital Improvements were included, but by no means is this a completed Capital Improvement budget.
Councilman Farmer reminded everyone of the budget meeting scheduled for next Thursday, Nov. 30, 2006, at 2:00 p.m. Councilman Farmer stated he would be stepping down from the Finance Committee and Nominating & Rules Committee due to other obligations and city responsibilities (Land Use Committee, Stormwater Committee, and Capital Improvement Project Program). He explained he felt it would be beneficial if he were still on the City Council to assist his successors should they have questions. He explained the Nominating and Rules Committee vacancies are divided up into two Position One Aldermen and two Position Two Aldermen, with his position, a Position One slot needing to be filled. He explained the Finance Committee consists of five Position One Aldermen but only one Position Two (Councilman Perrin), so Councilman Farmer recommended replacing his Position One vacancy with a Position Two council member. Councilman McCall stated he had received calls from Councilwoman Furr expressing interest in the Finance Committee position and Councilwoman Williams about the Nominating and Rules position. Councilman McCall moved, seconded by Councilman Farmer to call a two minute recess for a brief Nominating and Rules meeting to consider these requests. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall.
After a brief Nominating and Rules Committee meeting, Councilman Street moved, seconded by Councilman Johnson to reconvene the City Council meeting. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Farmer moved, seconded by Councilman Johnson to accept the recommendations of the Nominating and Rules Committee to appoint Councilwoman Furr to the Finance Committee and Councilwoman Williams to the Nominating and Rules Committee replacing Councilman Farmer for the remainder of his term. Councilman Perrin clarified this would be through the end of the year (2006) with Nominating and Rules making recommendations for 2007. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Farmer requested monthly Financial and Legal reports be resumed for review by city council members. Councilman Perrin stated they needed to request Mayor Formon to place these items on the agenda once a month.
At the request of Councilwoman Furr, Police Chief Yates provided an update on jail fees. He explained the Quorum Court made a decision to increase jail fees for 2007, and stated it was questionable if State law gives them that authority based on reasonable expenses to house inmates. Chief Yates stated they were considering challenging the reasonableness of how the fees were calculated. In addition, Chief Yates explained they were looking at case law pertaining to collection of fines and the financial liability for paying for prisoners housed in the jail. Chief Yates stated he and City Attorney Crego would continue to research the matter. Chief Yates stated it appeared, depending on one’s interpretation, that the City’s jail bill has been over paid by $274,000.00 a year for the past three years. He stated he felt they would be able to resolve the issue favorably for Jonesboro with the Quorum Court reconsidering the matter, but if not they had enough artillery to take other action. He explained this was an issue that is a problem state wide and would probably be settled by the State Supreme Court. Councilman Farmer questioned City Attorney Crego as to where this would leave the City of Jonesboro come January 2007 if the jail fees were increased by 50%. Attorney Crego explained there is a state provision that requires the county to accept prisoners, except in a situation of federally mandated overcrowding, but did not expect a problem with housing prisoners. Chief Yates stated in county prisoners have priority over out of county prisoners. Mr. Crego expected if an agreement is not reached by the first of the year, litigation would be filed by the County in the event Jonesboro pays a portion based on what they believe they should pay. Councilman Farmer stated in the past Jonesboro has had a good working relationship with the county and hoped everything possible would be done to work this out amicably in order to continue that relationship. Chief Yates stated their interests were so different it would probably go to the legislature to be resolved.
Councilman Dover offered the following ordinance for first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF AVL UNITS AND VIEWING STATIONS FOR THE POLICE, ANIMAL CONTROL, AND CODE ENFORCEMENT DEPARTMENTS
Councilman Dover moved, seconded by Councilman Street to suspend the second and third readings. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. Councilman Dover moved, seconded by Councilman Farmer for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. Councilman Dover moved, seconded by Councilman Johnson 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, Perrin, Street, Johnson, Dover, Furr and McCall. The ordinance was assigned number 3678.
Councilman Street moved, seconded by Councilman Dover for the adoption of a resolution to post “No Parking” signs at an area along Eldridge Street located in the City of Jonesboro. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. The resolution was assigned number 2006:152.
Councilman Johnson moved, seconded by Councilman Dover for the adoption of a resolution to approve the following:
1. The Arkansas Blue Cross, Blue Shield contract shall be renewed at a rate of $311.28 per month for single coverage and $668.75 for family coverage. The city will pay 70% of the premium for both single and family coverage.
2. The Ameritas Dental contract shall be renewed at a rate of $20.59 for single coverage and $44.68 for family coverage. The city will provide single coverage for all full time employees and if family coverage is desired the employee will pay $44.68 per month.
A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall. The resolution was assigned number 2006:153.
With no further business, Councilman Johnson moved, seconded by Councilman Dover to adjourn the meeting. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Perrin, Street, Johnson, Dover, Furr and McCall.