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City Council Minutes

MARCH 10,2009

JOHNSON CITY COUNCIL
MEETING MINUTES
MARCH 10,2009


Mayor Lonnie Barron called the meeting to order at 6:02 pm.
Present were Aldermen Melissia Tomlinson, Bill Burnett, Buddy Curry, Tom Bramlett,
Bob Fant and Clay Dodson. Also present were Recorder/Treasurer Jennifer Allen,
Police Chief Vernon Sisemore, City Attorney Danny Wright, Street Superintendent
Randy Birchfield, Building Official Matt Bailey and Fire Chief Matt Mills.
Mayor Barron asked for a motion to approve the minutes of the February 10, 2009
council meeting. Tom Bramlett stated in the word trail needed to be changed to trial
concerning the Hoskins case. Bob Fant made a motion to approve the minutes as
modified and Tom Bramlett seconded. All approved.
Department Head Reports:
Police Chief Vernon Sisemore stated there had been 24 new cases opened and 19
closed. Sisemore stated the officers had used 88 sick leave hours. Mayor Barron stated
the permanent standby power source Chief Sisemore brought up last month would be
discussed at the next meeting.
Fire chief Matt Mills stated calls were up 24% fro this time last year. Chief Mills stated
most of the month was spent recouping from the ice storm, and the station does have a
generator now.
Street Superintendent Randy Birchfield stated they have been working on clean up.
Birchfield stated he was looking into the possibility of having the state unemployment
office provide extra help with the storm clean up. Birchfield stated this program allows
the city to have extra help for six months at no cost because the state pays their
wages. Buddy Curry stated theses people should be assigned specific projects as there
is still a lot of clean up to do.
Building Official Matt Bailey stated he has been coordinating the debris clean up and
one new building permit has been issued. Bailey stated he had also been working on
the business licenses to make sure everyone was on board.
Recorder/Treasurer Jennifer Allen stated she was dealing with FEMA on the financial
burden and paperwork caused by the storm and its aftermath. Allen stated FEMA told
her their job was to minimize the financial impact on the city.
Mayor Barron recognized Bob Bova who stated they are forming the Johnson Clear
Creek Trail Corporation. Bova stated that becoming a 501 (c) 3 non-profit corporation
was about a 6-month process. Bova stated the trail would go from Willow Creek to the
Fayetteville city limit where it will join up with the Skull Creek Trail and they are working
with Springdale to go north towards the Arvest Ballpark. Bova stated they are working
on getting permission and easements from property owners. Bill Burnett stated Bova
has done a terrific job on this project.
Mayor Barren recognized Mary Johnson who told the council about the 40th reunion of
the Johnson School to be held June 19-20, 2009.
Mayor Barren stated the council had all received a proposed list of the rules and
regulations for rental of the community room.
Mayor Barron stated the city had received information from the Natural Resources
Conservation Services; they will pay 75% of costs to clean up our creeks and
waterways and our work can be our 25% contribution in kind. Mayor Barron stated
clean up would cut down on flooding.
Mayor Barron thanked Jennifer Allen, Danny Wright and Matt Bailey for their work on
the contracts and brush clean up. Mayor Barron stated they had done a good job and
he appreciated it.
Mayor Barron stated that the city had received over $5,000 from FEMA for the 2008
flood damage and in the same day, a letter arrived from the Feds forgiving the city the
$32,000 owed on the bridge and stating that the $35,000 paid previously was only a
deposit and they would be refunding more than $25,000.
Unfinished Business: None
New Business:
Mayor Barron presented RESOLUTION 2009-07: PURCHASE OF A 1994 KME FIRE
STIX LADDER TRUCK. Mayor Barron reiterated the importance of this purchase and
Fire Chief Matt Mills stated he was very pleased with the truck. Tom Bramlett made a
motion to approve RESOLUTION 2009-07 and Melissia Tomlinson seconded. All
approved. Mayor Barron stated the truck will be here at the end of the week.
City Attorney Danny Wright presented ORDINANCE 2009-02: AN ORDINANCE
AUTHORIZING BORROWING FUNDS FO THE ACQUISITION A OF A 1994 KME
LADDER FIRE TRUCK BY ISSUANCE OF A PROMISSORY NOTE; PROVIDING FOR
SECURITY FOR THE REPAYMENT OF THE PROMISSORY NOTE; PROVIDING FOR
THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTE;
DECLARING AN EMERGENCY; AND PRESCRIBING OTHER MATTERS RELATING
THERETO. Wright stated Amendment 78 allows cities to borrow money for up to 5
years, in this case at 4.95%, and this ordinance was at the request of the bank lending
us the money. Wright read the ordinance through in its entirety. Tom Bramlett made a
motion to approve this first reading and Bob Fant seconded. Roll call: Melissia
Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes;
Clay Dodson, yes. Buddy Curry made a motion to continue to the second reading by
title only and was seconded by Bob Fant. Roll call: Melissia Tomlinson, yes; Bill Burnett,
yes; Buddy Curry, yes; Jom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. City
Attorney Wright read the ordinance by title only. Bob Fant made a motion to approve
this third reading and Clay Dodson seconded. Roll call: Melissia Tomlinson, yes; Bill
Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes.
Buddy Curry made a motion to approve the emergency clause and was seconded by
Clay Dodson. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes;
Tom Bramlett, yes; Bob Fant, yes; Clay Dodson, yes. ORDINANCE 2009-02 WAS
APPROVED and is effective immediately.
City Attorney Danny Wright stated his annual report was available at City Hall for
anyone interested. City Attorney Wright introduced Eric Danielson, attorney for the
company the city contracted with to clean up the storm debris, Powell Emergency
Services. Danielson requested the council extend the time of the contract and
renegotiate with FEMA to increase the amount of the contract. Danielson asked for a
change order as the original bid did not include Clear Creek subdivision and they did
not want to breech contract by going on private property. Discussion was had about
Clear Creek being on the Corps of Engineers map so it was clearly in the scope of the
project and that this map was available to Powell less than 24 hours after the contract
was signed; it was 6 days after the bid was awarded that the contract was signed and
that gave the contractor more than ample time to review the scope of the project. City
Attorney Wright recommended the council give them the 10-day extension and stated
we don't have a dog in this fight about the amount of debris FEMA is willing to pay for
because we have a lump sum contract. Mayor Barron stated Powell had told him many
times that he would be here as long as the city needed him. Bob Fant made a motion to
approve 31 days be added to the existing contract and Buddy Curry seconded. All
approved. Bob Fant stated it was an honest error and made a motion that if FEMA
QK'd an increase, the city would pay their part, otherwise all the work would be
included in the lump sum contract. Buddy Curry asked Danielson if there is no extra
money is Powell still going to do the work. Danielson stated he would have to confer
with his client. Buddy Curry seconded the motion. More discussion was had. Roll call:
Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramiett, yes; Bob
Fant, yes; Clay Dodson, yes.
Bob Bova stated the city does not have an ordinance stating that donated land and or
easements can only be used for a trail, but that he had give a copy to City Attorney
Wright.
Mayor Barron brought the council up to date with the situation in south Johnson
reiterating his intent not to give Fayetteville even one inch of our city.
Mayor Barron introduced Thomas Kieklak, a specialist in municipal law hired by the city
for this process. Kieklak stated Fayetteville was candid that there is water on the
property in question, but the city of Johnson has to go back through the Fayetteville
Water and Sewer Commission to get that water and have to go through the Fayetteville
City Council to get sewer. Kieklak stated a lot of work has been done on the chance
that sewer is denied, but we are not sure they are allowed to say no. Kieklak stated the
6 months is up and we have told the landowners attorneys that we have done a lot of
work. Mayor Barron stated if the landowners request annexation into Fayetteville, we
are going to go to court.
Steve Hesse of Engineering Design Associates stated that the easiest way to put
sewer on that land is to gravity flow to the updated lift station on Gregg, but he has
worked on 3 alternate sewer options 1) hook our system on to theirs, 2) we can go to
Springdale, but Springdale wants Fayetteville to say no first or 3} build a sewer system
for that area.
City Attorney Danny Wright stated that water and sewer are linked at the hip and
everything south of Clear Creek is in the Fayetteville district according to the Beaver
Lake Agreement. City Attorney Wright stated Fayetteville is trying to hold us hostage,
but that he has requested easement forms from the landowners so we can put water
and sewer in for them. City Attorney Wright stated we are prepared legally and
practically not to give them a single inch. City Attorney Wright stated a special meeting
might have to be called for condemnation or legal action. Buddy Curry stated to
continue to fight it with all we've got. Bob Fant thanked everyone for the update.
Mayor Barron asked for a motion to pay the bills from the General Fund, Street Fund,
Act 988 Fund and Court Automation Fund that the council had reviewed. Bob Fant
made a motion to pay the bills and Buddy Curry seconded. All approved.
Mayor Barron asked for a motion to adjourn which was made by Buddy Curry and
seconded by Bob Fant. All approved and the meeting was adjourned at 7:47 PM.