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94 AUG 18.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 18, 1994 7:00 P.M. - 8:10 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on August 18, 1994 at the regular meeting place of the Council. Alderman Fletcher delivered the invocation after which Boy Scout Derrick Walker led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty answered ROLL CALL. PRESENT TEN (10), ABSENT (0). Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting were: Mayoral Aid Michael Beeman, City Attorney Robert E. Bamburg, Deputy City Clerk Susan Goings, City Engineer 'Duane Reel, Public Works Coordinator Skip Spears, Code Enforcement Officer Wayne Cox, Finance Director Paul Mushrush, Economic Development Director Phil Sullivan, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Parks and Recreation Director Annabelle Davis, Parks and Recreation Chairman Pat Bond, CDBG Director Tony Ply, other city employees, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of August 4, 1994 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Sansing that the minutes of the Regular City Council Meeting of July 21, 1994 be APPROVED. MOTION CARRIED. CONSENT AGENDA: FIRE DEPARTMENT: REGULAR MONTHLY REPORT/JULY 1994 Alderman Knight moved, seconded by Alderman Wilson that the Regular Monthly Report for the month of July, 1994, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $46,500.00) ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY O. MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 18, 1994 7:00 P.M. - 8:10 P.M. POLICE DEPARTMENT: REGULAR MONTHLY REPORT/JULY 1994 Alderman Knight moved, seconded by Alderman Wilson that the Regular Monthly Report of the Jacksonville Police Department for the month of July be APPROVED. Said report reflects: Computer Collections, $47,757.85, Miscellaneous Payments $716.00, Report Copies $471.75 for a total Collections of $48,945.60 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. CDBG: REGULAR MONTHLY REPORT/JULY 1994 Alderman Knight moved, seconded by Alderman Wilson that the Regular Monthly Report for July 1994, of the Community Development Department be APPROVED. Said report reflects: Informal Meetings ........................................3 Public Hearings...........................................0 a. Letters to prospective applicants .....................8 b. Applications received .................................1 c. Bid Advertised ........................................1 d. Work write-ups & estimates ............................3 e. Pre-construction conferences ..........................2 f. Appraisals & Environmental reviews ....................3 g. Interim Inspections ..................................24 h. Final Inspections .....................................0 i. Partial payments ......................................3 j. Project Close-outs ....................................0 k. Warranty Repairs ......................................2 Public Works: a. Bids Received .........................................0 b. Interim Inspections ...................................5 c. HUD Workshops .........................................1 d. Project Close-outs ....................................1 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. COMMENTS FROM CHIEF HIBBS: Chief Hibbs related that all the prisoners have been transferred to the County facility, adding that after prisoners are booked, they are transferred directly to the County Jail. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 18, 1994 7:00 P.M. - 8:10 P.M. In response to a question from Alderman Fletcher, Chief Hibbs related that the inter-city agreement states that the County will operate a shuttle service for the transportation of prisoners to the County facility and then back for their plea arraignment. Mayor Swaim related that video plea arraignment was included in the original plan, adding that the quorum court is close to an agreement. He related that some of the judges are reluctant to use video plea arraignment. He stated that he, Chief Hibbs, the Police Chiefs from North Little Rock and Sherwood and the County Judge have discussed locating a booking area north of the river between Jacksonville and North Little Rock. He stated that after being booked from that area the shuttle could then transport the offenders to the County facility. He related that included in the proposal to build the new booking area is the proposal to convert the North Little Rock Jail facility and make a juvenile facility. He stated that the facility would allow for 84 beds. He related that two juveniles were set free due to a lack of space available after committing a robbery and that the robbery included theft of guns. He encouraged the Council Members and citizens to call their legislators regarding incarceration of juveniles. Chief Hibbs stated that the new canine would be delivered in October. He related the incident involving the canine presently being used by the Police Department stating that the canine was able to track the criminals to their own back door and recover the stolen merchandise. He also related that the new addition of the Police and Courts Building is ready for "open house". Mayor Swaim voiced that a tour of improvements at the Fire Department, Animal Control Department and the new Police Sub Station located in the Sunnyside Addition might be worked out for the City Council. Mayor Swaim mentioned that an article commending the Police Department had been published in the ACIC report. Chief Hibbs commended his police officers on the success of their efforts. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 18, 1994 7:00 P.M. - 8:10 P.M. STREET DEPARTMENT: PARKS & REC DEPARTMENT: a. Funding FOP Management/Reorganization Study Mayor Swaim recognized Parks and Recreation Commission Chairman Pat Bond to address the item of business. Chairman Bond stated that they are requesting approval from the City Council to move forward in negotiations with Ron Copeland and Associates as the management team. She related the desire by the commission to place a $32,000.00 dollar cap on the funding to be considered. She then related that the duration of the program is to be the completion of the study plus six months of implementation which should total approximately eight months. She stated that the management team would conduct a job analysis regarding task and hours. She reported the qualifications of the Ron Copeland management team adding that they have a good understanding of what is required by the commission. Alderman Wilson moved, seconded by Alderman Knight to grant permission to the Parks and Recreation Commission to move forward in negotiations with Ron Copeland and Associates regarding the hiring of a management/reorganization team with a $32,000.00 dollar cap. Mayor Swaim related that negotiation of a contract is important to the flexibility of the project regarding employment of a dis- interested person who can be used during the supervision stage, adding that negotiation would allow the Parks and Recreation Commission to have the ability to achieve the best range and study at a good price. He stated that the funds will be drawn from the Parks and Recreation Fund and the Contingency Fund. It was noted that a third of the cost would be funded from Parks and Recreation with two-thirds from the Contingency Fund. Chairman Bond related that the commission felt that the study is necessary due to the increased size of the department, which will occur almost over night, including the existing responsibility of the eleven parks. She said that considering what would be needed regarding manpower, budget and operation requirements, it was in the best interest of the city, as well as the community, to employ a management/reorganization firm familiar with this type of operation. She stated that now is the window of opportunity to achieve operational success without going back a year from now making corrections. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 18, 1994 7:00 P.M. - 8:10 P.M. Mayor Swaim related that the task analysis is critical, making recommendations on the number of employees needed for an efficient operation of the new community center. He stated that this will dictate the amount charged for user fees. Alderman Smith stated that fees cannot be quoted until the survey is completed, giving a clear picture of what will be needed. Mayor Swaim related that the new community center will provide wonderful opportunity for both the elderly citizens of Jacksonville as well as its youth. MOTION CARRIED AT THIS TIME. b. PRESENTATION: 1995 Youth Coach of the Year. Mayor Swaim related that the baseball program at the parks facilities implemented by the baseball commission keeps between 600 and 1,000 young people off the street and out of trouble. Mrs. Pat Bond recognized the attendance of fellow Park Commissioners Lindy Bollen, Don Griggs and Wayne Riddle. Annabelle Davis and Pat Bond then presented the nominees for the 1995 Youth Coach of the Year, as follows:. Chuck Brooks, Larry Bell, A1 Owens, Gary Misner, and Jim Peoples honoring the nominees for exhibiting exemplary good character. Mr. Larry Bell was selected as the winner of the 1995 Youth Coach of the Year. SANITATION DEPARTMENT: Request to Accept bid for a Sanitation Truck. Mayor Swaim recognized Public Works Director Skip Spears to address the item of business. Public Works Director Spears related that the boom on the trash truck broke while performing a pick-up, explaining the distinct possibility of employee injury due to this mishap. He stated that the new sanitation truck ordered three months ago has not yet been delivered adding that with regard to the delivery schedule he is requesting the purchase of the new truck now so date of delivery would be in time for the spring season next year. He related the expected heavy fall trash pick-ups which can be attributed to an unusually wet spring season, adding that hopefully the truck will arrive in January which will put the Sanitation Department in a 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 18, 1994 7:00 P.M. - 8:10 P.M. good position for the start of the next spring season. He stated that funds are available in the depreciation fund. Alderman Fletcher moved, seconded by Alderman Wilson to Accept the Bid for a Sanitation Trash Truck from Walt Bennett Ford, Inc. in the amount of $58,928.00 to be funded from the Sanitation Depreciation Fund. MOTION CARRIED. PLANNING COMMISSION: GENERAL: a. Request to accept bid for the CDBG Peach Street Reconstruction Project. Alderman Ray moved, seconded by Alderman Knight to accept the low bid from McV, Inc. for $65,441.00. MOTION CARRIED. Mayor Swaim remarked that the funds will be taken from the CDBG funds as budgeted in the 1994 budget. b. Request to accept bid for the King Street Sidewalk. Mayor Swaim related that completion of the King Street project with regard to construction of sidewalks was budgeted by CDBG in 1994. Alderman Knight moved, seconded by Alderman Sansing to accept the low bid from McV, Inc. in the amount of $28,503.00. MOTION CARRIED. c. ORDINANCE 1029 (#12-94) AN ORDINANCE AUTHORIZING ASSESSMENT AND COLLECTION OF A PROBATION FEE BY THE JACKSONVILLE MUNICIPAL COURT; AND FOR OTHER PURPOSES. Mayor Swaim related that Ordinance 1029 is in regard to the discussion at a previous council meeting concerning the position of a probation officer. He stated that the ordinance will allow the City to re-coop the cost of probation services, authorizing the Judge to collect a maximum fee of twenty dollars. He stated that whatever avenue is selected concerning using a probation service or hiring a full or part time probation officer, this ordinance will allow collection of cost of the program. Mayor Swaim related that the Council members may want to pass the ordinance on first reading only giving opportunity for review. Alderman Smith moved, seconded by Alderman Lewis, that Ordinance be placed on FIRST READING. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 18, 1994 7:00 P.M. - 8:10 P.M. In response to a question posed by Alderman Knight, Mayor Swaim explained that the fee will be assessed by the Judge, and allow collection of the fee by the court clerk or ~a company employed by the court to do so. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Bamburg. Alderman Knight moved, seconded by Alderman Smith, that Ordinance be accepted on FIRST READING. There was discussion regarding a letter provided by the Judge that he is referring to an average of ten dollars per month being assessed per person, resulting in a collected $ 14,400.00 annually in probation fees. Alderman Ray commented that ten dollars a month was used as a basic figure to offset the salary of a person who might be hired. He stated that the Judge did not relate any mention of part-time but rather full-time. It was then stated that the full-time position has an annual salary of approximately $28,000.00 including benefits. It was also noted that not everyone will be able to pay the monthly fee. Mayor Swaim concluded by stating that the ability to assess fees is a separate issue to the hiring of a probation service or a probation officer. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Alderman Knight moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND READING. The City Attorney informed the City Council that penalty of non- payment is covered by state law. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 18, 1994 7:00 P.M. - 8:10 P.M. Discussion ensued as to the ability to hire a person to collect the twenty dollar fee being paid on a commission basis with the Judge selecting the person to be hired. It was noted by Mayor Swaim that basically this is the type of contract offered by the probation service company allowing the Judge to pick the person from the service to be hired, adding that the City would have to have a contract waving benefits for the individual hired. Alderman Wilson related that he would like to consider waiting until the next regularly scheduled council meeting to finalize the ordinance, giving everyone an opportunity to explore the possibilities, rather than trying to work it out after the fact. Alderman Fletcher requested that the Judge be invited to attend the meeting. Mayor Swaim stated that he had previously written a letter to the Judge and would be glad to extend another invitation. Alderman Ray related that during a meeting with the Judge, he related that circumstances involving non-paying clients often result in the court system becoming clogged with affidavits for arrests. It was related by Mayor Swaim that upon checking with other courts, they did not feel this to be a problem. Discussion ensued as to the feeling concerning the collection of approximately seven hundred thousand dollars in back fines. Upon request from Alderman Keaton a job description for the position of probation officer was provided to the council for review until the next regularly scheduled meeting. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the SECOND TIME. It was the consensus .of the Council that action be delayed until the next regularly scheduled City Council meeting. Alderman Wilson requested in the interest of resolution that the Judge be invited to the next meeting. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 18, 1994 7:00 P.M. - 8:10 P.M. APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim related that independent filing"dates are August 20, through September 9, 1994. Alderman Fletcher expressed concern over the danger involved with traffic coming from Johnson Street onto Gregory Street adding that the street striping has complicated the situation. City Engineer related that in the striping or crosswalks, only half the street is done at a time making it necessary to close half the street. He related that the location in question is hindered in regard to site distance over the hillside pointing out that there has not been an accident reported by the police at that intersection. Mayor Swaim noted that another intersection, the one at the Post Office, West Main and Hospital, is under consideration for lighting or redesign. City Engineer Reel noted a bad intersection at West Main and Sharp Street with an occurrence of thirty or forty accidents per year. Mayor Swaim pointed out that construction of the Community Center is ahead of schedule as far as he is concerned noting that a completion date is planned before the first of the year. He suggested a tour by the City Council regarding the following projects, the Fire Department, the Police Department, the Community Center and the Animal Control Department. At this point Alderman Keaton requested information regarding the job description of the probation officer position. Mayor Swaim voiced that the description is based on the evaluation of the position by the person hired by the City of Jacksonville to do job evaluations. He said that it could be changed, pointing out that the supervisor saw the description and has the right to look at and make changes which are then referred to the Personnel Department for perusal. He related that the Judge does decide what he wants the officer to do and that the City Council has the right to request that certain duties be performed by the court. Alderman Keaton asked whether or not counciling probationers needs to be deleted from the job description. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 18, 1994 7:00 P.M. - 8:10 P.M. Mayor Swaim stated that the part regarding counciling should be removed from the job description in that a license is now required for the service. He said that the probation officer is not over juveniles, that they are assigned to the juvenile system. Chief Hibbs said that juvenile cases are transferred to juvenile courts in Little Rock, that Municipal Courts cannot make dispositions on a juvenile case. He said the only exception is a juvenile being tried as an adult. City Attorney Bamburg pointed out that there is liability with regard to the city and the probation officer in violation of the juvenile code. Mr. Phil Sullivan voiced that four public hearings have been held, eight focus group meetings, with small group meetings of manufac- turers, retailers and citizens around the city, with results of the meetings displayed in his office at 109 So. Second Street. He said that an advisory committee, consisting of fourteen citizens, almost all being residents of the city, professional planners, citizens, manufacturers, and retailers, has established a vision statement and some goals to work toward to fulfill that statement during the life of the plan for the city. He said that the writing of the retail profile of the retailers of the City of Jacksonville is being completed pointing out that there are 595 licensed businesses. He said that the findings so far show the retail section in very good shape from the standpoint that there are not a lot of vacancies along some of the thoroughfares, that there are not a lot of deserted buildings and that if funded next year, a downtown revitalization effort is envisioned. He said that a public meeting would be held in October at which time a written plan compiled from input received would be presented. Mayor Swaim voiced that work is being done on a Christmas lighting program requesting merchant participation. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:10 p.m. Respectfully, _________________________ _________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 10