Loading...
15 DEC 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. – 7:41 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in regular session on December 10, 2015 at the regular meeting place of the City Council. Alderman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT SEVEN (7), ABSENT (3). Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Finance Director Cheryl Erkel, Accounts Receivable Specialist Nikki Wilmoth, Fire Chief Alan Laughy, Police Chief Kenny Boyd, IT Director Scott Rothlisberger, Public Works Director Jim Oakley, CDBG Director Theresa Watson, City Engineer Jay Whisker, 911 Director Tabby Hughes, Planning Commission Chairman Jim Moore, Planning Commissioner Patrick Thomas, Johnny Simpson, Lida Feller, and interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of November 19, 2015 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Ray moved, seconded by Alderman Bolden that the minutes of the regular City Council meeting of 5 November 2015 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the regular monthly report for November 2015. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 10 Building Inspections 14 Business Licenses 4 Electrical 22 Plumbing 20 HVACR 13 REGULAR MONTH REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Sansing to approve the regular monthly report for November 2015. ADOPTION FEES/FINES $1,345.00 CONTRIBUTIONS 25.00 TOTALS $1,370.00 ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. MOTION CARRIED. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. – 7:41 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: Check presentation for body cams by Senator Linda Chesterfield Mayor Fletcher stated that he is honored to have Senator Linda Chesterfield to present the City with a check to purchase body cams for the Police Department. Senator Linda Chesterfield presented Police Chief Boyd with a check for $5,000.00 to purchase body cams. Senator Chesterfield stated that she is proud to present the Police Department with a $5,000.00 check. She added that she has imposed upon Mayor Fletcher the need for the I-30 corridor to make safer travel. She stated that it is imperative that voices on this side of the River be heard. She stated that the new proposal will make it safer with a flyover so that traffic does not have to maneuver from 40-East over to Highway 67. She stated that she has been fighting for the proposal, and as Chair of Transportation during that time she was able to get the Bill passed. She stated that she is proud of the Jacksonville Police Department and proud that they want to have body cams that will enhance the appreciation of the community for what they do. She related the more trust that we can build the greater opportunities to serve our constituents. She thanked the City Council for the opportunity to address them. Chief Boyd thanked Senator Chesterfield, saying that after this purchase the Police Department will have 52 body cams. He added that this will provide all officers in enforcement action body cams. Mayor Fletcher and the City Council thanked Senator Chesterfield. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1539 (#19-2015) AN ORDINANCE AMENDING JMC §§ 9.12.; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1539 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1539. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. – 7:41 P.M. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1539 on FIRST READING and suspend the rules and place Ordinance 1539 on SECOND READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1539. Alderman Ray moved, seconded by Alderman McCleary to further suspend the rules and place Ordinance 1539 on THIRD AND FINAL READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1539. Alderman Sansing moved, seconded by Alderman McCleary that Ordinance 1539 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE 1539 (#19-2015) APPROVED AND ADOPTED THIS 10 DAY OF DECEMEBR, 2015 b. ORIDANANCE 1540 (#20-2015) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2016; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT; FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES COVERING GENERAL FUND OPERATIONS, STREET FUND, EMERGENCY MEDICAL SERVICES FUND, AND SANITATION FUND; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Finance Director Cheryl Erkel referenced documents that were provided in the packets, saying that this has been a very difficult budget to balance. She stated that under the direction of Mayor Fletcher and Jim Durham she was instructed to find ways to offer the employees a 2% raise and purchase Police vehicles.  She reviewed the handout saying that the estimated revenues and expenditures for the General Fund is $21,042,943. The County Sales Tax are estimated at a 3% increase and the City Sales Tax are estimated at a 2% increase.  She said that there is an increase in revenue projections for privilege taxes and various permits due to ordinance revisions that will come later before the City Council.  She stated that revenue projections also include the sale of 35 vacant lots that the City owns which incur maintenance cost, so not only will the City get the revenue from the sale of the lots, it will also reduce maintenance costs.  The Police department has $200,000 for police vehicles, which is about 4 fully equipped vehicles. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. – 7:41 P.M.  She noted that transfers out is for $200,000 to EMS for cash flow purposes.  There will be a 2% raise for the employees. Minimum wage will increase to $8 /hour, which affects only part-time and seasonal employees. The employee portion for health insurance will remain the same as 2015: $72 for single and $150 for family per month.  The debt service department includes the transfer of funds for the revenue bond issue payment  We will use $249,516 in Fund balance. Street Fund  Estimated Revenues and Expenditures – $2,301,250  Increase in revenue will come from State Tax Turnback.  Increases in expenditures are due to equipment purchases and maintenance costs. The next two Funds are Enterprise Funds that operate on an accrual basis. Their revenues do not have to match their expenditures. Although, we strive to get as close as we can. The difference is offset by their fund balance. Sanitation Fund  Estimated Revenue - $1,843,800  Estimated Expenditure - $1,758,583  Increase in revenues will come from sanitation fees.  Decreases in expenses are due to reduction in fuel prices and the loan for the automated recycling vehicles will be paid off. EMS Fund  Estimated Revenue - $1,702,700  Estimated Expenditures - $1,316,351  Increase in revenues will come from ambulance service billings. Alderman Traylor noted at the last budget presentation the budget was approximately $180,000 short, saying that expenditures were increased $502,000 and now the budget is balanced. Finance Director Cheryl Erkel stated that the 35 vacant lots were not included in the prior budget presentation in November, adding that she went back and increased the privilege taxes and the permits due to those ordinances being updated. She related that she increased the County Sales Tax, explaining that it was projected at 2% and now it is being increased to 3% and the City Sales Tax was previously projected at 1% and now it is being projected at a 2% increase. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. – 7:41 P.M. Mayor Fletcher answered that the 35 lots were accumulated by the City before he became Mayor. City Attorney Bamburg explained that the lots were donated to the City because of condemnations, adding that on occasion the City has petitioned to have the property donated through the State Land Commissioner’s office. He stated that the properties have been acquired over the last 20 plus years. Mayor Fletcher stated that the City is selling them because they encumber expense and it takes a great amount of time in the summer to keep them maintained. He related that sitting vacant they do not bring the City any revenue, explaining that if they are sold and houses are built there will be some type of control on the development and will bring in revenue. He noted that he would not want to sell the lots on Galloway Circle, saying that those lots are needed for the expansion of the Park. Alderman Traylor noted that additional personnel is being added to the Police Department budget, saying that if officers are being added he would believe that the cost of overtime would decrease. Finance Director Cheryl Erkel stated that salary information would have to be answered by the Human Resource Director Jill Ross. Mayor Fletcher related that even if the overtime comes in less than budgeted it would be to the City’s benefit. City Attorney Bamburg pointed out that a lot of the overtime is incorporated by their Court appearances, which does not change from year to year. Chief Boyd related that some of the increase in the Police salaries is because last year there were 3 unfunded positions in the Department and this year all positions are being funded so that would show a large increase. He estimated that it would increase by approximately $100,000 in 2016. He then stated that the overtime budget this year was $168,000 and already it is $40,000 to $60,000 over budget as of the middle of November. He added that they have just started their shopping center patrols, so he and Finance Director Cheryl Erkel estimated what would be spent between now and the end of the year on overtime. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1540 be placed on FIRST READING. Alderman Traylor noted that salaries and overtime were also increased regarding the EMS budget. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. – 7:41 P.M. Chief Laughy concurred, explaining that they have a shortage of paramedics, so even if they have the same number of people on duty, there has to be overtime to replace someone if they are sick or on FMLA. He stated that they had a set budget for overtime this year but they went over. He added that the projection for 2016 was increased. Alderman Traylor noted $222,000 in revenues from the A&P Commission, questioning where the funds are applied. Finance Director Cheryl Erkel stated that part of the funds would be used for Parks and Recreation projects such as the Christmas Parade, donations for the FestiVille, and Big Bang on the Range are included in the Parks and Recreation budget. She related that the expenditures are showing in the Department budget. City Attorney Bamburg then answered Alderman Traylor that the A&P Commission has their own budget and the $222,000 is not their entire budget. He stated that the Commission has their own expenses that they fund through their budget. Finance Director Cheryl Erkel concurred, saying that the $222,000 is the amount that the A&P Commission has allocated to the City. Alderman Traylor questioned if the Shooting Range and the pro-shop were put on an Enterprise Fund basis. Finance Director Cheryl Erkel answered that it was not an Enterprise Fund but is still included in the Parks Department budget. She stated that there is inventory regarding the pro-shop and there is a cost of goods sold expense. She explained that it is treated like a business but it is still set up as a department within the Parks and Recreation Department. Alderman Traylor stated that the pro-shop sales are $120,000, adding that he is assuming that the targets are a part of the cost of goods sold which is $95,000. Finance Director Cheryl Erkel corrected that the targets are not part of the cost of goods sold. She stated that the inventory in the pro-shop make up the cost of goods sold. Alderman Traylor noted that sales are $120,000 and the cost of goods sold is $218,000 which is a loss of $98,000 in the pro-shop. Finance Director Cheryl Erkel explained that the cost of goods sold is expensed out on a quarterly basis so there is going to be some inventory that we will still have on hand that has not sold yet. Alderman Taylor added that it would make the cost of goods sold higher which would make it even worse. He stated that it would seem that in having a pro-shop the sales should be more than expenses. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. – 7:41 P.M. Finance Director Cheryl Erkel stated that when the merchandise is purchased to go into the pro-shop it goes into the cost of goods sold but then it goes into inventory and then the cost of goods sold is reduced by what is actually sold. Alderman Elliott commented, and Finance Director Cheryl Erkel concurred that the amount in inventory is the difference. Alderman Traylor stated that he could understand that being the case for the first year but not the third year. Finance Director Cheryl Erkel stated that she would research that and get back with Alderman Traylor with a more definitive answer. In response to a question from Alderman Traylor regarding retirement expense for part-time labor, Finance Director Cheryl Erkel stated that the City does not pay retirement expense on all part-time labor. She added that there are some part-time employees that will not meet the requirements for APERS. She then answered that an employee has to work three consecutive months with 80 hours per pay period in order to meet the criteria for APERS. She stated that once that guideline is met then the City is automatically required to send money into APERS on the employee’s behalf. She noted that most of the part-time employees are in the Parks and Recreation Department and some have worked the three months but there are enough part-time people, especially in aquatics, to make sure that they do not meet that criteria since they are only seasonal. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1540. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1540 on FIRST READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Traylor, and Smith voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1540 on SECOND READING. Alderman Traylor questioned if there is anything in the budget regarding the Boys and Girls Club. He asked City Attorney Bamburg to address the contract. City Attorney Bamburg stated that the contract would not have anything to do with the City budget, explaining that it would deal with the A&P Commission budget. Alderman Traylor questioned if it were for contract services would it be A&P budgeted funds. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. – 7:41 P.M. City Attorney Bamburg stated it would depend, explaining that as far as contract services, he has not found a contract that he believes is acceptable. He related that at this stage neither budget would be appropriate for that expenditure. Finance Director Cheryl Erkel confirmed there is not anything in the 2016 budget dedicated to the Boys and Girls Club. Adding, that since the City owns the building occupied by the Club, the City pays for the utilities. Alderman Traylor mentioned a contract that he was aware of as late as this afternoon. Director of Administration Jim Durham stated that the contract was not brought to him, explaining that he had asked that the contract be brought to him because he furnished them a contract from North Little Rock that the Municipal League believed had elements that would meet the Judge’s order. City Attorney Bamburg interjected he does not believe that the contract from North Little Rock will meet the order. Director Durham stated that Representative Johnson has a private attorney drawing the contract, adding that our intention is to let City Attorney Bamburg review and go from there. He stated that nothing will change st January 1, as far as what is happening at the Boys and Girls Club. Alderman Traylor stated that he would like to see it included in the budget. Director Durham reiterated there is no money in the budget for that, adding that the money would have to come from the A&P Commission, if we can get to that point. Alderman Traylor added or from the Parks and Recreation budget. Director Durham stated that there is not any money in the Parks and Recreation budget for the Boys and Girls Club that he is aware of. Mayor Fletcher stated that if the contractual service can be done legally, then it can be done through the A&P Commission, adding that he would not want to tie up the entire City budget regarding that one item. He related that everyone wants to see it workout, saying that the Boys and Girls Club is very important to all of us in the Community. He then answered that the budget needs to be done by the end of the year, st otherwise by law it has to be done by February 1, but it creates a lot of problems. He went on to say that is the reason last year we met th December 30 to pass the budget. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. – 7:41 P.M. Alderman Traylor questioned if Finance Director Cheryl Erkel would have the opportunity to provide answers to his questions, before passing the budget? Mayor Fletcher stated that the Ordinance still has two more readings, offering that it could be passed on this reading and then it would be up to the Council. Alderman Traylor stated that he would not ask Finance Director Cheryl Erkel to leave to get information regarding the answers because the last time that happened, an ordinance was approved while the person was gone from the meeting. He stated that he would like to table the Ordinance th until the December 17 meeting. Alderman Traylor moved seconded by Alderman Smith to table budget th Ordinance 1540 (#19-2015) to the December 17 meeting. ROLL CALL: Alderman Traylor and Smith voted AYE. Alderman Elliott, Bolden, McCleary, Sansing, and Ray voted NAY (0). MOTION FAILED. Mayor Fletcher clarified that the previous motion to suspend the rules and place Ordinance 1540 on SECOND READING is up for vote. Alderman Elliott stated that the reason he voted NAY to table was because he would prefer it be done by not approving to suspend the rules and place on SECOND READING and then it would automatically be placed on the next agenda as a SECOND READING. He reminded the City Council that the Ordinance does not have to be approved on all three readings at the same meeting, adding that he feels this would be a better way to address the issue. VOTE TO SUSPEND THE RULES AND PLACE ORDINANCE 1540 ON SECOND READING: ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, and Ray voted AYE. Alderman Traylor and Smith voted NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1540. Alderman Ray moved, seconded by Alderman Bolden to approve the second reading and further suspend the rules and place Ordinance 1540 on THIRD AND FINAL READING. ROLL CALL: Alderman Sansing and Ray voted AYE. Alderman Elliott, Bolden, McCleary, Traylor and Smith voted NAY (0). MOTION FAILED. Mayor Fletcher pointed out that a motion to approve on SECOND READING is necessary or the Ordinance will come back for the SECOND READING instead of THIRD AND FINAL. Alderman McCleary moved, seconded by Alderman Bolden to approve Ordinance 1540 on SECOND READING. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. – 7:41 P.M. Alderman Bolden questioned if the issue regarding the Boys and Girls Club is the reason the Ordinance is being held, adding that it was his understanding that something was suppose to be presented today. Director Durham responded that they did not say when they would bring it, adding that he assumed that they would get it. Alderman Bolden stated he is aware this is the meeting before the last meeting of the year, presenting a time crunch, and to stretch this out is not good. Alderman Elliott stated that to his thinking, if the Ordinance is tabled it is not automatically brought back. He added that if it is approved on FIRST and SECOND READING then it is automatically on the next agenda. City Attorney Bamburg concurred. Alderman Elliott continued saying that then the THIRD and FINAL READING th will be on the December 17 agenda, if all three readings are not approved tonight. VOTE TO APPROVE ORDINANCE 1540 ON SECOND READING: ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing and Ray voted AYE. Alderman Traylor and Smith voted NAY (0). MOTION CARRIED. Mayor Fletcher stated that Ordinance 1540 (#20-2015) would be presented th for THIRD and FINAL READING at the December 17 City Council meeting. APPOINTMENTS: ANNOUNCMENTS: Mayor Fletcher announced that the Christmas Open House would be tomorrow at City Hall from 11:00 to 2:00, the Service Awards Ceremony will be held in the City Council chambers beginning at 2:00 p.m. Mayor Fletcher then announced that the City was awarded an $80,000 sidewalk grant for North First Street. Director Durham stated that just for general knowledge, he would like to say that we have gone through three years of extremely tight budgets because the economy just hasn’t come around. It appears that there are a number of things that are coming around, adding that he believes in all honesty that Finance Director Cheryl Erkel would have liked to have kept the percentage increase a little smaller than the Mayor and I. He stated that he will take that blame. He added that there were some months at the last reporting that the City was up 9%. Finance Director Cheryl Erkel clarified that the County was up 4% and the City was up 3%. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 10, 2015 7:00 P.M. – 7:41 P.M. Director Durham questioned what month that the City had a real high percentage. He then stated we have the construction, pointing out he has said this before, that when the City annexed the northern corridor, when they finish what is being done now, they will jump over and begin from Jacksonville to Cabot. He added that the Highway property is in the City, not just the land facing the Highway but the Highway itself is City. He stated that there will be years of this construction going on and he believes that Jacksonville will see an increase above the other cities just based on those constructions. He offered, all that said, he can tell City Council that next year each month, the budget is going to be a work in progress, if the revenues are not there we will begin to withhold things that need to be withheld to not go over budget at the end of the year. He pointed out that the Directors have kept in their budgets, under budget. He stated that the Police Department was one of glaring things to him because it looked like the Chief had gone $200,000 over budget, which is not the case, it is in the way Finance Director Cheryl Erkel reported it. We took the $90,000 from Magellan that they paid and we bought two police cars. He stated that there was an expenditure of $90,000 and an income of $90,000; that and some reimbursements that the Chief got on overtime, the bottom line was that he did not go over the budget that he was given, technically. He related that neither did the other Directors, so he is asking Finance Director Cheryl Erkel if there is a better way to report that so that the City Council can see that there was a revenue and that there was an expenditure that was unanticipated in the original budget. He commended the Directors for working really hard and stated that we are going to keep doing that and the City is going to move forward. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:41 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 11