MINUTES FROM CITY COUNCIL REGULAR MEETING
Thursday, August 25, 2011
6:00 p.m.

TThe City Council of Monticello, Arkansas met in the council chambers at City Hall on August 25, 2011 at 6:00 p.m. Mayor Allen Maxwell, who presided over the meeting, called the meeting to order with the following council members present: Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. Finance Director Kimberly Fletcher, City Attorney Whit Barton and City Clerk Andrea Chambers were also present.

Mayor Maxwell welcomed the visitors and Councilor Beverly Hudson gave the invocation.

Finance Report – Kimberly Flecher:

• Operating Budget is at 58% for the year
• Sales Tax in July is down $3,800.00
• Sales Tax is down year to date $18,000.00
• Received $60,000.00 from FEMA for Conley Street Bridge repair
• Monticello School District re-imbursed for the boot camp
• City Pool is closed for season and a report will be presented to the Council

Executive Director Nita McDaniel gave the MEDC report

• Waiting on Corps of Engineers for the land swap with Centerpoint Energy at the Industrial Park
• FEMA Grant to Firefighters is open
• Ridgeway is halfway full
• USDA Revolving Loan is at $98,000.00

Property Inspector Report-Brian Rodgers

Councilor Hudson asked if a fine could be imposed on repeat offenders and asked for the discussion to be on the agenda for the next council meeting. Councilor Chase suggested a committee to discuss the problem and Councilor Hubbard stated that the Council as a whole should consider the issue. Councilor Chase made a motion, seconded by Councilor Hartness, to have a special called meeting to discuss the issue of repeat offenders that violate the nuisance ordinances. The meeting date was set for September 06, 2011 at 6:30 p.m. After discussion, all Councilors voted "yes" and the Chair declared said motion passed unanimously.

• Leslie McKiever wants a two-month extension on her building. City Attorney Whit Barton stated that the owner will brace the building and she has contacted an engineer that has given an estimate of $100,000.00 to renovate the building. Mr. Barton also stated that the City needs to obtain an asbestos and lead report. The Council asked for this issue to be discussed at the next special called meeting.
• The following properties were updated
• 215 S Conley → can not locate owner
• 1297 E Watts → cleaned
• 422 N Oak → cleaned
• Akin Building on the square has a barrier up to begin work.

Parks and Recreation Commission Report-Karen Connelley

• Tabled the decision to monitor the Splash Pad to next year before it opens again, the paint is going to be sandblasted off and hopefully this will make the area less slick. Admission might be charged next year.
• Meet with group about amptitheater plans and specifications
• Finished a grant application for parks and fields
• Jonathan Davis started a co-ed softball team in Jordan Park and they will be allowed certain times to play, church leagues have also expressed interest in playing
• Asked all leagues to provide information as to their past season with length of season, revenue left from concessions, goals for 2012, etc.

The Chair called for any corrections to the minutes from the regular meeting held Thursday, July 21, 2011. There being no corrections, and upon a motion by Councilor Hudson, seconded by Councilor Hartness, and unanimously accepted, the minutes were approved as written.

Mid-South Collection Agency was present to present a proposal to the Council concerning collecting old debts. The company will keep 30% of regular bills and 40% if it goes into litigation. The company collects in Pine Bluff and has an A+ business rating. Mr. Barton asked if the contract would be open-ended and the company said yes, either party can get out at any time. The Council asked to bring the issue to the special called meeting and discuss the issue more fully.

CCouncilor Hudson, seconded by Councilor Hubbard, moved to suspend the rules requiring a resolution to be read in full. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. All Councilors voted "yes" and the Chair declared said motion passed.

Councilor Hartness introduced the following proposed resolution which the City Attorney read the title distinctly and aloud in the hearing of the council as follows:

A RESOLUTION RESCINDING CITY OF MONTICELLO RESOLUTION NO. 11-18

Councilor Hubbard, seconded by Councilor Peer, moved to approve said resolution. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. The Chair declared said motion was passed; the same approved as No. 11-25.

Councilor Hudson, seconded by Councilor Peer, moved to suspend the rules requiring an ordinance to be read in full. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. All Councilors voted "yes" and the Chair declared said motion passed.

Councilor Hubbard introduced the following proposed ordinance which the City Attorney read the title distinctly and aloud in the hearing of the council as follows:

AN ORDINANCE AMENDING ORDINANCE NO. 746 (WHICH SAID ORDINANCE AMENDED ORDINANCE NOS. 713, 734 & 743) OF THE CITY OF MONTICELLO REGULATING THE SERVING AND CONSUMPTION OF MIXED DRINKS, BEER, WINE OR OTHER ALCOHOLIC BEVERAGES IN PRIVATE CLUBS EXCEPT BETWEEN CERTAIN HOURS, PRESCRIBING PENALTIES FOR VIOLATOIN OF SAME, AND FOR OTHER PURPOSES.

Councilor Hubbard, seconded by Councilor Hudson, moved to approve said ordinance. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown and Claudia Hartness. Councilor Tim Chase voted "no". The Chair declared said motion was passed by a vote of seven to one; the same approved as No.764.

Councilor Hubbard, seconded by Councilor Brown, moved to suspend the rules requiring an ordinance to be read in full. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown,Tim Chase and Claudia Hartness. All Councilors voted "yes" and the Chair declared said motion passed.

Councilor Hubbard introduced the following proposed ordinance which the City Attorney read the title distinctly and aloud in the hearing of the council as follows:

AN ORDINANCE AMENDING ORDINANCE NO. 761 OF THE CITY OF MONTICELLO REGARDING THE EFFECTIVE DATE FOR THE COLLECTION OF THE GROSS RECEIPTS TAX AS PROVIDED FOR THEREIN

Councilor Hudson, seconded by Councilor Brown, moved to approve said ordinance. Councilor Chase found a typo on the ordinance that will be corrected before it is signed and filed. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. All Councilors voted "yes" and The Chair declared said motion was passed; the same approved as No.765.

Councilor Hubbard, seconded by Councilor Hudson, moved to suspend the rules requiring a resolution to be read in full. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. All Councilors voted "yes" and the Chair declared said motion passed.

Councilor Hudson introduced the following proposed resolution which the City Attorney read the title distinctly and aloud in the hearing of the council as follows:

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN CONTRACT FOR THE RENTAL OF CERTAIN HANGER SPACE AT THE MONTICELLO AIRPORT

Councilor Hartness, seconded by Councilor Brown, moved to approve said resolution. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. The Chair declared said motion was passed; the same approved as No. 11-26.

Councilor Hubbard, seconded by Councilor Peer, moved to suspend the rules requiring a resolution to be read in full. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. All Councilors voted "yes" and the Chair declared said motion passed.

Councilor Hubbard introduced the following proposed resolution which the City Attorney read the title distinctly and aloud in the hearing of the council as follows:

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A BID FOR THE CONSTRUCTION OF CERTAIN HANGER SPACE AND OFFICE SPACE AT THE MONTICELLO AIRPORT

Councilor Hudson, seconded by Councilor Brown, moved to approve said resolution. Benji Ryburn explained to the Council that the lowest bid has withdrew because they realized that they had bid to low to do the job. This project will be partially funded by a grant for $900,000.00 and a match of $143,500.00. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. The Chair declared said motion was passed; the same approved as No. 11-27.

Councilor Hubbard, seconded by Councilor Peer, moved to suspend the rules requiring a resolution to be read in full. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. All Councilors voted "yes" and the Chair declared said motion passed.

Councilor Peer introduced the following proposed resolution which the City Attorney read the title distinctly and aloud in the hearing of the council as follows:

A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A CERTAIN GRANT FROM THE ARKANSAS STATE DEPARTMENT OF AERONAUTICS

Councilor Hudson, seconded by Councilor Gillespie, moved to approve said resolution. Mr. Ryburn stated that this project will be funded by a 80/20 grant of $235,000.00 and a match of $27,000.00, of which, $20,000.00 is in-kind work for moving a sewer and water line. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. The Chair declared said motion was passed; the same approved as No. 11-28.

Councilor Hubbard, seconded by Councilor Brown, moved to suspend the rules requiring a resolution to be read in full. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. All Councilors voted "yes" and the Chair declared said motion passed.>

Councilor Hudson introduced the following proposed resolution which the City Attorney read the title distinctly and aloud in the hearing of the council as follows:

A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A CERTAIN GRANT FROM THE ARKANSAS STATE DEPARTMENT OF AERONAUTICS

Councilor Hubbard, seconded by Councilor Gillespie, moved to approve said resolution. Mr. Ryburn stated that the city portion of this grant will be $100,000.00 and it was budgeted. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. The Chair declared said motion was passed; the same approved as No. 11-29.

Councilor Hubbard, seconded by Councilor Brown, moved to suspend the rules requiring a resolution to be read in full. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. All Councilors voted "yes" and the Chair declared said motion passed.

Councilor Hudson introduced the following proposed resolution which the City Attorney read the title distinctly and aloud in the hearing of the council as follows:

A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A CERTAIN GRANT FROM THE ARKANSAS STATE DEPARTMENT OF AERONAUTICS

Councilor Hudson, seconded by Councilor Brown, moved to approve said resolution. Mr. Ryburn stated that this is a 90/10 grant that the city will fund $16,500.00. Mr. Ryburn introduced the staff of Eagle Forestry to the City Council. Eagle Forestry is the company that will lease the hanger and office space at the Monticello Municipal Airport. After discussion, the Chair put the question and the following councilors voted "yes": Josh McKiever, Sherrie Gillespie, Raymond Hubbard, Al Peer, Beverly Hudson, Carolyn Brown, Tim Chase and Claudia Hartness. The Chair declared said motion was passed; the same approved as No. 11-30.

Mayor Maxwell informed the Council that the tank at the Bus Shed has been removed and will be sold for scrap. The City needs to complete the land swap and build a new Fire Station on the property across from the existing Fire Station. Councilor Gillespie stated that she did not want to lose the Bus Shed and that the proposed location is to congested and not an even swap of city property. Coucilor Chase asked what would happen to the Bus Shed if James Gathings acquires the property since Mr. Gathings has not had a good history of upkeeping his property. Councilor Chase further stated that the City might be swapping one problem for another. City Attorney Whit Barton stated that a land use condition could be added as a type of covenant when the property is transferred. Mayor Maxwell stated that the MEDC would enforce the ordinances to ensure that the property is maintained. Councilor Gillespie asked where the garbage trucks would be housed and Mayor Maxwell stated they would go back to the warehouse. Councilor Hudson asked if there was an appraisel of the property and Mayor Maxwell stated that he would get one for each property. Mayor Maxwell stated that his goal is to have a new station built by the end of 2012 and a site needs to be selected and agreed upon. Coucilor Brown inquired if the computer business was part of the deal and Mayor Maxwell said that it was not, however, it is for sale but at a high price. Mayor Maxwell added the discussion to the special called meeting. Councilor Peer stated that the trucks should be kept out of the weather and it was not a good idea to lose the Bus Shed. Councilor Hubbard asked if it was an even swap to which the Mayor responded that Mr. Gathings will give the City $20,000.00.

Mayor Maxwell stated that the roofs are almost completed over City Hall and the bid will be opened on September 7th for the Conrad Water Tank. The Soccer Field Concession/Bathrooms specifications have been completed and they are waiting on the Parks Commission to approve. Sadie Johnson Building Project is having soil test done in preparation for bidding.

Mayor Maxwell stated that the City needs to decide if it will compost or not. Councilor Chase asked if grants were available and the Mayor stated that we have received a grant for $100,000.00. The equipment that will be needed is a tractor, a turner, atub grinder and a storage building to keep the equipment out of the weather. Harrison, Arkansas adds 0.85 on their water bills to pay for the composting and Fayetteville charges for pickups. If the City doesn't compost then something will have to be done with the limbs and yard waste. Councilor Hartness stated that the City can not stop picking up those items. Councilor Hartness stated that a chair needs to be selected for the Street Committee. Councilor Hudson nominated Councilor Hartness and Councilor Hubbard seconded the nomination. The Chair called for a vote and all coucilors voted "yes" to make Councilor Hartness the chair of the Street Committee. Councilor Hartness asked for each ward representative to bring their list of streets to be overlayed to the special called meeting to be held September 6, 2011. Kimberly Fletcher informed the Council that a little over $328,000.00 is available for the overlay. FEMA re-imbursed the City $60,000.00 for Conley Street Bridge. Councilor Hartness stated that maybe some extra money can be found and just repair what can be repaired. Mayor Maxwell stated that a vast majority of our streets are cracking and that we have a lot of street problems.

All business having been discussed, and upon a motion by Mayor Maxwell, the meeting was adjourned.