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City Council Minutes

December 9, 2014

JOHNSON CITY COUNCIL
MEETING MINUTES
CITY HALL
December 9, 2014


Mayor Buddy Curry called the meeting to order at 6:00 pm. Mayor Curry amended the
agenda allowing the items under New Business to be heard before the Department
Head Reports.
Present were Aldermen Richard McMullen, Bill Burnett, Dan Cross, Tom Bramlett, Bob
Fant and Melissa Posinski. Also present were Recorder/Treasurer Jennifer Allen, City
Attorney Danny Wright, Police Captain John Taylor, Fire Chief Matt Mills, Building
Official/Maintenance Specialist Clay Wilson and Maintenance Superintendent Gerry
Russell.
New Business:
Tim Conklin of ALTA Design discussed the planning process for the expanded trail
system stating the intent is to create an expanded world class bike & pedestrian trail
system. Conklin said the Johnson portion of the Razorback Greenway is one of the most
beautiful portions of the trail. Conklin said his purpose was to encourage the City to
participate in the process and amend our plan to the regional plan, trying to set design
standards for continuity.
Joel Gardner of Ozark Regional Transit stated there has been a greatly expanded
ridership in 2014 of 403 from only 61 in 2013. He expressed CRT's appreciation of the
City's continued financial support and asked that the contribution be increased for
2015. Mayor Curry stated the budget to be presented tonight reflected an increase in
funding from $3,500 in 2014 to $5,000 in 2015.
Mayor Curry asked for a motion to approve the minutes of the November 11, 2014
council meeting. Recorder/Treasurer Jennifer Allen stated she had made corrections to
Resolution 2014-10 correcting the minutes to reflect it was the City's intent to vacate
the roadways mentioned, not that it was already done. Richard Me Mullen made a
motion to approve the minutes with corrections and was seconded by Dan Cross. All
approved.
Department Head Reports:
Police Chief Vernon Sisemore stated that 40 new cases were opened and 35 closed.
Chief Sisemore state there were 123 calls for service and officers used vacation and sick
time. Chief Sisemore stated Captain John Taylor has retired from the department and
his accrued sick and vacation time has been paid out. Chief Sisemore stated the new
Tahoe is in and they are waiting on parts. Dan Cross asked the Chief how the officers
like the new personnel and pay policy and he said it was going well.
Fire Chief Matt Mills stated there were 23 calls for service, mostly EMS. Chief Mills
stated all the new bunker gear purchased with the $92,000.00 grant from the Tyson has
been issued out. He said they had applied for 2 more grants and were very hopeful on
the air pack grant and should know something in February or March.
Maintenance Superintendent Gerry-Russell stated the contract with Myrick
Construction for the new storage building has been signed and construction will start
soon. Russell stated the Christmas decorations were up and they had been working on
sealing cracks on numerous streets before winter sets in. Russell said he attended a
NWARPC meeting where widening HWY. 112 to 5 lanes was discussed but stated there
is no specific time frame they are just working on a preliminary design.
Building Official/Maintenance Specialist Clay Wilson stated there were 3 new building
permits, 264 inspections year to date. Wilson stated he held a technical plat review
meeting, but Planning Commission was postponed. He will work more on the new
Tahoe when the parts come in.
Recorder/Treasurer Jennifer Allen stated Turnback has been received but Property and
Sales taxes have not.
Allen stated The "Benefit Fair" on Friday, November 14, 2014 went very well with 100%
attendance. The cost to the city for PD Comp time payout was $28,060 and $475 for the
Street Dept. Payout of John Taylor's remaining vacation time and sick leave due to his
retirement was $14,930. Payout of Chris Keeney's vacation time was $5,800. Total extra
payroll costs due to these one time occurrences totaled $49,265. Due to LOPFI Board
Rule #2, LOPFI was not paid on any of these amounts as it does not apply to one time
bulk payouts. Allen stated the new payroll system is up and working well.
Allen stated Budget and Finance Committee approve the purchase of a $100,000 CD
putting the City's reserves over $500,000.00. Allen stated $20,000.00 was transferred to
our LOPFI account to pay retirement expenses through at least March of 2015. Allen
stated the City paid $20,051.00 for new Tahoe out of Act 988 Fund. The cost was
$28,051.00 with $8,000.00 trade in allowance. Any additional equipment costs will
come out of the General Fund as approved by Council.
Allen stated the traffic light at 48th St. has been paid for and the final bill was
$105,091.07. This amount has been removed from the 2015 Budget affecting both
surplus carryover and expenses but not altering the bottom line.
Bob Fant made a motion that $675 be paid to each full time employee and the Mayor
and Recorder/Treasurer as a one time pay increase, to help offset the reduction in pay
the new payroll system is causing right before the holidays. All approved.
City Attorney Danny Wright stated there were no appeals filed in October and
November. Wright reminded the Council of the court changes effective in January -
arraignments on the first and third Mondays, trials on the third Wednesday of the
month. Regarding the allegations made by Jimmy Moore that records kept by the PD
were not accurate, Wright stated R/T Allen & Chief Sisemore are coordinating efforts to
ensure their accuracy in the future.
Wright stated there are 2 ways to go about the abandonment of old roadways:
1. Have the adjacent property owners bring forth the request
2. The City brings it forth.
To do this we need a legal description of the land. Wright says he has good maps of the
land but if the City moves forward a survey will need to be done. Mayor Curry
encouraged the Council to proceed as the land for the new road was donated to the
city. Dan Cross made a motion that the City fund the abandonment process and was
seconded by Melissa Posinski. All approved.
Mayor Curry asked Dan Cross for a trail update. Cross stated that part of the City's
agreement with the Walton Foundation requires a survey to be administered by the
City to trail users and arrangements were made with the Street and Fire Departments
to cover that. Cross stated the trail is done, the last check has been written and the
paperwork is complete.
Bob Fant stated he wanted to officially thank Tom Bramlett for his years of service to
the City on both the Planning Commission and on the Council. Bramlett stated it has
been a privilege.
Fant also stated he wanted to thank Mayor Buddy Curry for his service to the City. Fant
stated Mayor Curry has served the City extremely well and his financial expertise has
led the City to financial stability and the improvements to the infrastructure are very
visible. Mayor Curry stated he had been coming to Council for over 20 years and served
the City as the PC Chairman for 15 years, been a Councilman and now Mayor. He said
he has made some tough decisions and he leaves with his head held high and is proud
of his accomplishments. Mayor Curry stated the City now has over $500,000 in reserves
and is totally debt free. Mayor Curry stated he has really enjoyed serving and he loves
Johnson having lived here for over 30 years. Bob Fant asked that his comments be part
of the record with the backing of the Council. All approved.
Unfinished Business:
Mayor Curry presented ORDINANCE 2014-04: AN ORDINANCE AUTHORIZING THE
EXECUTION OF A RECORDABLE DOCUMENT FIXING THE FINAL LOCATION OF THE
JOHNSON PORTION OF THE NORTHWEST ARKANSAS RAZORBACK GREENWAY. Mayor
Curry asked for a motion to read the ordinance by title only for the second time and
waiving the third reading. Motion was made by Tom Bramlett and seconded by Richard
McMullen. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Tom
Bramlett, yes; Bob Fant, yes; Melissa Posinski, yes. City Attorney Danny Wright read the
ordinance by title only. Mayor Curry asked for a motion to approve the reading by title
only. Motion was made by Bob Fant and seconded by Richard McMullen. Roll call:
Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Tom Bramlett, yes; Bob Fant,
yes; Melissa Posinski, yes. ORDINANCE 2014-04 was approved.
Mayor Curry presented ORDINANCE 2014-05 AN ORDINANCE TO AMEND THE ZONING
DISTRICT CLASSIF1CATION-AND BOUNDARIES REGARDING PROPERTY IDENTIFIED IN
REZONING PETITION OF GEOFF BATES AND DERRICK THOMAS APPROVED
OCTOBER 27, 2014, BY JOHNSON PLANNING COMMISSION. Mayor Curry asked for a
motion to read the ordinance by title only for the second time and waiving the third
reading. Motion was made by Tom Bramlett and seconded by Bob Fant. Roll call:
Richard McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Tom Bramlett, yes; Bob Fant,
yes; Melissa Posinski, yes. City Attorney Danny Wright read the ordinance by title only.
Mayor Curry asked for a motion to approve the reading by title only. Motion was made
by Bob Fant and seconded by Tom Bramlett. Roll call: Richard McMullen, no; Bill
Burnett, yes; Dan Cross, yes; Tom Bramlett, yes; Bob Fant, yes; Melissa Posinski, yes.
ORDINANCE 2014-05 was approved,
Mayor Curry presented ORDINANCE 2014-06: AN ORDINANCE PROVIDING MINIMUM
ENERGY STANDARDS FOR THE DESIGN OF NEW BUILDINGS AND STRUCTURES OR
PORTIONS AND ADDITIONS TO EXISTING BUILDINGS THAT PROVIDE FACILITIES OR
SHELTER FOR PUBLIC ASSEMBLY, EDUCATION, BUSINESS, MERCANTILE, INSTITUTIONAL,
STORAGE, AND RESIDENTIAL OCCUPANCIES, AS WELL AS THOSE PORTIONS OF FACTORY
AND INDUSTRIAL OCCUPANCIES DESIGNED PRIMARILY FOR HUMAN OCCUPANCY BY
REGULATING THEIR EXTERIOR ENVELOPES AND THE SELECTION OF THEIR HVAC,
SERVICE WATER HEATING, ELECTRICAL DISTRIBUTION AND ILLUMINATING SYSTEMS
AND EQUIPMENT FOR EFFECTIVE USE OF ENERGY AND DECLARING AN EMERGENCY TO
EXIST. City Attorney Danny Wright stated this ordinance is mandated by the state.
Building Official Clay Wilson said it is good and needs to be approved for that reason,
not just because we are told to. Mayor Curry asked for a motion to read the ordinance
by title only and waiving the second and third readings. Motion was made by Melissa
Posinski and seconded by Richard McMullen. Roll call: Richard McMullen, yes; Bill
Burnett, yes; Dan Cross, yes; Tom Bramlett, yes; Bob Fant, yes; Melissa Posinski, yes.
City Attorney Danny Wright read the ordinance by title only. Mayor Curry asked for a
motion to approve the reading by title only. Motion was made by Bill Burnett and
seconded by Richard McMullen. Roll call: Richard McMullen, yes; Bill Burnett, yes; Dan
Cross, yes; Tom Bramlett, yes; Bob Fant, yes; Melissa Posinski, yes. City Attorney Wright
read the Emergency Clause. Mayor Curry asked for a motion to approve the Emergency
Clause. Motion was made by Bob Fant and seconded by Tom Bramlett. Roll call: Richard
McMullen, yes; Bill Burnett, yes; Dan Cross, yes; Tom Bramlett, yes; Bob Fant, yes;
Melissa Posinski, yes. ORDINANCE 2014-06 was approved.
Mayor Curry presented RESOLUTION 2014-11 A RESOLUTION AUTHORIZING CERTAIN
CITY OFFICIALS TO EXECUTE CHECKS AND DRAFTS ON SPECIFIED ACCOUNTS OF THE CITY
OF JOHNSON AND JOHNSON POLICE DEPARTMENT. R/T Jennifer Allen stated this
needed to be passed tonight because payroll was due to be paid before the next
Council meeting after the first of the year and Mayor Keeney need to be able to legally
sign the checks. Motion to approve was made by Tom Bramlett and seconded by
Richard McMullen. All approved.
Mayor Curry presented RESOLUTION 2014-12: A RESOLUTION CONCERNING
APPOINTMENT AND APPROVAL OF MUNICIPAL ATTORNEY FOR THE CITY OF JOHNSON,
ARKANSAS. City Attorney Danny Wright stated this agreement include a 7 1/2% raise (2 years since the last one) and an increase to his hourly rate for non-contracted work
from $110 per hour to $120 per hour (last increase was in 2009). Motion to approve
was made by Bob Fant and seconded by Tom Bramlett. All approved.
Mayor Curry presented RESOLUTION 2014-13: A RESOLUTION PROVIDING FOR AND
ADOPTING A BUDGET FOR THE CITY OF JOHNSON, ARKANSAS, FOR THE TWELVE (12)
MONTHS BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015;
APPROPRIATING MONEY FOR EACH AND EVERY ITEM OF EXPENDITURE THEREIN
PROVIDED FOR AND FOR OTHER PURPOSES. Bob Fant said that to be true to his word to
ORT he wanted to discuss their funding. R/T Allen stated the increase from $3,500 to
$5,000 is a 43% increase and the Council agreed it was a good increase and could be
revisited in the future if so needed. Motion to approve was made by Tom Bramlett and
seconded by Bob Fant. All approved.
Mayor Curry 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 Tom Bramlett seconded. All approved.
Mayor Curry asked for a motion to adjourn which was made by Tom Bramlett and
seconded by Bob Fant. All approved and the meeting was adjourned at 7:50 pm.