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City Council Minutes

November 8, 2011

JOHNSON CITY COUNCIL
MEETING MINUTES
CITY HALL
November 8, 2011


Mayor Buddy Curry called the meeting to order at 6:00 pm.
Present were Alderman Melissia Tomlinson, Bill Burnett, Bob Fant and Keith Allen. Also
present were Recorder/Treasurer Jennifer Allen, City Attorney Danny Wright, Police Chief
Vernon Sisemore, Fire Chief Matt Mills, Street Superintendent Randy Birchfield, and Building
Official Paul Sullins. Alderman Tom Bramlett was absent.
Mayor Curry stated there was 1 application turned in to fill the Ward 1 Position 2 spot on the
council. He introduced Dan Cross and Dan talked about his background and tenure on the
Planning Committee. Bob Fant made a motion to approve Cross' appointment to the council and
was seconded by Keith Allen. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Bob Fant, yes;
Keith Allen, yes. Cross was sworn in by Mayor Curry and took his place on the dais.
Mayor Curry asked to amend the agenda to remove Ordinance 2011-07 as it passed last month
and change Ordinance 2011-08 on the second page as it should be Ordinance 2011-09.
Mayor Curry asked for a motion to approve the minutes of the October 11, 2011 council
meeting. Bob Fant made a motion to approve the minutes as written and was seconded by Tom
Bramlett. All approved.
Mayor Curry asked fora motion to approve the minutes of the Octobers, 2011 special council
meeting. Bob Fant made a motion to approve the minutes as written and was seconded by
Keith Allen. All approved.
Department Head Reports:
Police Chief Vernon Sisemore stated 22 new cases were opened, 16 were closed. Chief
Sisemore stated the department participated in local PR events in the area. Chief Sisemore
stated one of the changes to becoming a district court is the court now accepts credit cards. He
stated they had taken in $3,700.00 since the program began and it was going well. Chief
Sisemore asked the council to consider contracting with a firm that goes after people out of our
area that have not paid their fines. The company takes 25% of what they collect and 75%
comes to the city. He will get more information and will come back with a resolution next month.
Fire Chief Matt Mills stated the department had 15 calls for service. Chief Mills stated they had
done a fire drill with Cox Cable and also participated in the area PR events. The department will
be participating in "fill the boot for MDA" on 11/12/11 from 10:00am to 3:00 pm at Main and
Wilkerson.
Street Superintendent Randy Birchfield stated the department has been getting caught up
clearing brush and doing regular maintenance.
Building Official Paul Sullins stated he has been helping the mayor and working on information
for the Planning Commission.
City Clerk Jennifer Allen stated property tax has been received ($119,363.49 general fund and
$13,131.25 street fund). Allen stated the format of her report has changed to give the council a
better picture of the financial status of the city today and what income and expenditures are
expected in the near future. Spending by all departments is being closely monitored.
City Attorney Danny Wright stated the court change over is going well and the new court time
will be on the third Wednesday of the month at 2:00 pm starting in January. Wright stated the
"as amended" part of Ordinance 2011-01 is in section 5 on the second page changing Roll Off
to Deffenbaugh. Wright stated he thought the last hold out on signing the easement for the trail
had signed, but found out there is still one more. Wright stated he had obtained some good
guideline books from the ARML for the council and encouraged them to attend the winter
conference in Little Rock in January.
Mayor Curry stated there have been some computer upgrades at city hall; the R/T office has a
new back up hard drive and the computers have been networked to use the main printer. Mayor
Curry stated he is looking to get the website up and going.
Mayor Curry stated he met with the Johnson Road people and has appointed Bob Fant to be in
charge of the project for the city. Mayor Curry stated Fant has met with the land owners and
most of the right-of-way has been secured.
Mayor Curry stated he would like city reserves to be over $1 million. He is looking for ways to
save money and would like to cut the street sweeper from $450.00 per month to an as needed
position.
Mayor Curry stated he knows Main Drive needs to be done but the money is just not available
right now. He would like to have the street department seal the cracks and get another year out
of it. The council agreed to wait on the project.
Mayor Curry invited everyone to attend the city Thanksgiving lunch of beans and cornbread and
fried potatoes on Tuesday, 11/22/2011 at noon.
Unfinished Business:
Mayor Curry presented ORDINANCE 2011-01 as amended: AN ORDINANCE REGULATING
COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL WITHIN THE CITY OF
JOHNSON, ARKANSAS, REQUIRING REGISTRATION OF HANDLERS OF COMMERCIAL
SOLID WASTE, ESTABLISHING A FEE FOR OVERSIGHT AND FOR OTHER PURPOSES.
Mayor Curry asked fora motion to read ORDINANCE 2011-08 by title only. Motion was made
by Keith Allen and seconded by Bob Fant. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes;
Dan Cross, yes; Bob Fant, yes; Keith Allen, yes. City Attorney Danny Wright read the ordinance
by title only. Mayor Curry asked for a motion to approve the second reading by title only. Motion
was made by Bob Fant and seconded by Keith Allen. Roll call: Melissia Tomlinson, yes; Bill
Burnett, yes; Dan Cross, yes; Bob Fant, yes; Keith Allen, yes.
Mayor Curry presented ORDINANCE 2011-08: AN ORDINANCE ESTABLISHING MINIMUM
BOND REQUIREMENTS WITHIN THE CITY LIMITS OF THE CITY OF JOHNSON,
ARKANSAS AND AMENDING THE CITY CODE, AND FOR OTHER PURPOSES. Mayor Curry
asked for a motion to read ORDINANCE 2011-08 by title only. Motion was made by Bob Fant
and seconded by Keith Allen. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Dan Cross,
yes; Bob Fant, yes; Keith Allen, yes. City Attorney Danny Wright read the ordinance by title only.
Mayor Curry asked for a motion to approve the second reading by title only. Motion was made
by Bob Fant and seconded by Keith Allen. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes;
Dan Cross, yes; Bob Fant, yes; Keith Allen, yes.
New Business:
Mayor Curry stated the city had received an offer from the postal service to buyout the post
office lease. The offer was to pay 36 of the remaining 71 months of the lease at $450.00 per
month for a total of $16,200.00. Discussion was had about accepting the offer or making a
counter offer. Keith Allen made a motion to accept the offer and Dan Cross seconded. Bob Fant
and Melissia Tomlinson voted no with Dan Cross, Bob Fant and Keith Allen voting yes. Mayor
Curry voted yes to provide a majority and the motion passed.
Mayor Curry presented RESOLUTION 2011-08: A RESOLUTION AUTHORIZING MAYOR
CURRY TO APPLY FOR A GRANT ON BEHALF OF THE JOHNSON COMMUNITY. City
Attorney Danny Wright read the resolution. Bob Fant made a motion to approve RESOLUTION
2011-08 and Keith Allen seconded. All approved.
Mayor Curry presented RESOLUTION 2011-09: A RESOLUTION APPROVING AN
AGREEMENT WITH AT&T ARKANSAS TO PROVIDE IP ENABLED VIDEO SERVICES TO
JOHNSON RESIDENTS AND USE OF PUBLIC R.O.W. WITHIN THE CITY, SPECIFYING
CONDITIONS REGULATING SAME AND PROVIDING FOR A FEE TO BE PAID TO THE
CITY. City Attorney Danny Wright stated this agreement included a 2% franchise fee to match
Cox and when these both came due again the fee could be increased. City Attorney Danny
Wright read the resolution. Bob Fant made a motion to approve RESOLUTION 2011-09 and
Dan Cross seconded. All approved.
Mayor Curry presented RESOLUTION 2011-10: A RESOLUTION REPLACING TWO
MEMBERS OF THE PLANNING COMMISSION FOR THE CITY OF JOHNSON, AND
APPOINTING ONE MEMBER TO A TERM BEGINNING JANUARY 1, 2012. Mayor Curry stated
this was to update the PC, replacing himself and Fred Barker who has resigned. City Attorney
Danny Wright read the resolution. Bob Fant made a motion to approve RESOLUTION 2011-10
and Bill Burnett seconded. All approved. John Ford will replace Mayor Curry and serve the
remainder of his term until 12/31/13 and Herb Rimel will replace Fred Barker until 12/31/11 and
then is approved for a term starting 1/1/2012 until 12/31/2015.
Mayor Curry adjourned the meeting to go into executive session to discuss the court clerk
position at 7:07 pm. The council meeting was reconvened at 7:27 pm. Bob Fant made a motion
to appoint Denny Upton to Court Clerk effective January 1, 2012 and was seconded by Keith
Allen. All approved.
Mayor Curry presented ORDINANCE 2011-09: AN ORDINANCE AMENDING THE
PERSONNEL POLICY OF THE CITY OF JOHNSON, ARKANSAS, APPLICABLE TO ALL
EMPLOYEES BY AMENDING THE RULES OF THE SICK LEAVE BANK; AND DECLARING
AN EMERGENCY TO EXIST. Mayor Curry asked for a motion to read ORDINANCE 2011-09 by
title only. Motion was made by Keith Allen and seconded by Dan Cross. Roll call: Melissia
Tomlinson, yes; Bill Burnett, yes; Dan Cross, yes; Bob Fant, yes; Keith Allen, yes. City Attorney
Danny Wright read the ordinance by title only. Mayor Curry asked for a motion to approve the
first reading by title only. Motion was made by Keith Allen and seconded by Dan Cross. Mayor
Curry asked if there were any questions and there were none. Roll call: Melissia Tomlinson,
yes; Bill Burnett, yes; Dan Cross, yes; Bob Fant, yes; Keith Allen, yes. Mayor Curry asked for a
motion to suspend the rules and continue to the second reading by title only. Dan Cross made a
motion to suspend the rules and continue to the second reading by title only and was seconded
by Keith Allen. Roll call; Melissia Tomlinson, yes; Bill Burnett, yes; Dan Cross, yes; Bob Fant,
yes; Keith Allen, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Curry
asked for a motion to approve the second reading by title only. Motion was made by Bob Fant
and seconded by Keith Allen. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Dan Cross,
yes; Bob Fant, yes; Keith Allen, yes. Mayor Curry asked for a motion to suspend the rules and
continue to the third reading by title only. Dan Cross made a motion to suspend the rules and
continue to the second reading by title only and was seconded by Keith Allen. Roll call: Melissia
Tomlinson, yes; Bill Burnett, yes; Dan Cross, yes; Bob Fant, yes; Keith Allen, yes. City Attorney
Danny Wright read the ordinance by title only. Mayor Curry asked for a motion to approve the
third reading by title only. Motion was made by Dan Cross and seconded by Keith Allen. Roll
call: Melissia Tomlinson, yes; Bill Burnett, yes; Dan Cross, yes; Bob Fant, yes; Keith Allen, yes.
Mayor Curry asked City Attorney Danny Wright to read the emergency clause. City Attorney
Danny Wright read the emergency clause. Mayor Curry asked for a motion to approve the
emergency clause. Keith Allen made a motion to approve the emergency clause and was
seconded by Dan Cross. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes; Dan Cross, yes;
Bob Fant, yes; Keith Allen, yes. ORDINANCE 2011-09 was approved.
Mayor Curry asked for a motion to pay the bills from the General Fund, Street Fund, Act 988
Fund, Warrant Service Fund and Court Automation Fund that the council had reviewed. Bob
Fant made a motion to pay the bills and Keith Allen seconded. All approved.
Mayor Curry asked for a motion to adjourn which was made by Bob Fant and seconded by Dan
Cross. All approved and the meeting was adjourned at 7:30 PM.