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94 JULY 7.docCITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 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 July 7, 1994 at the regular meeting place of the Council. Alderman Smith delivered the invocation after which Mayor Tommy Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, and Williamson answered Roll Call. Alderman Fletcher came in after ROLL CALL at approximately 7:06 p.m. PRESENT EIGHT (8), ABSENT TWO (2). Alderman Keaton and Alderman Twitty were absent. Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Goings, Mayoral Assistant Michael Beeman, Purchasing Agent Elizabeth Tuck, CDBG Director Tony Ply, Finance Director Paul Mushrush, Parks and Recreation Director Annabelle Davis, Economic Development Director Phil Sullivan, Asst. Director Rona Scott, Mrs. Judy Swaim, 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 June 16, 1994, for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Mayor Swaim informed the Council of an amendment in the minutes with regard to the motion and second on page ten with regard to increasing petty cash from $50.00 to $200.00 "for the City Clerk's Office". Alderman Sansing moved, seconded by Alderman Wilson that the amended minutes of the June 2, 1994 Regular City Council Meeting be APPROVED. MOTION CARRIED. CONSENT AGENDA: b. ANIMAL CONTROL: June 1994 Alderman Sansing moved, seconded by Alderman Smith to APPROVE the monthly Animal Control Report for the month of June 1994. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 P.M. Report reflects the following: CONTRIBUTIONS .$ 00.00 ADOPTION/FINES $ 502.50 SECURITY DEPOSITS $ 150.00 TOTAL $ 652.50 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher and Williamson voted AYE. MOTION CARRIED. DEVIATION IN AGENDA: Trash Update: Mayor Swaim related that the service performed by the Sanitation Department crew has more than doubled, compared to June of 1993, due to the recent storms experienced by the City. He further related the stress this has caused for the employees and the equipment. He informed the Council of the increased number of repairs needed for the equipment and further informed the Council of the new hours being worked by the Sanitation Department crew which seems to be working to an advantage. He related the problem this has caused with the storage and grinding of the limbs, leaves and etc. that is being collected. He apologized to the public and stressed that the Sanitation Department is working as fast as possible to put the trash pick-up on schedule. He related that the Sanitation Ordinance dictates a trash pick-up twice a month pointing out that presently, the City is providing this type of pick-up four times a month and will continue to do so as long as it can. He related gratitude from Mr. Spears for the patience of the citizens regarding the delays in the schedule. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: a. Neal & Gray Drainage Bid. Alderman Wilson moved, seconded by Alderman Smith to ACCEPT the low bid from S & J Construction for $17,938.90 to be funded from the Drainage Fund. MOTION CARRIED. b. Sawmill Village Drainage Bid. Mayor Swaim related that this is a CDBG Drainage project and is funded with Community Development Block Grant Funds. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 P.M. He related that the Sawmill Village project encompasses the area from Graham Road to the Oak Street ditch. Alderman Smith moved, seconded by Alderman Lewis to ACCEPT the low bid from Building & Utility Contractor for $62,522.50 to be funded from the Community Development Block Grant Funds. MOTION CARRIED. Mayor Swaim pointed out the wide range in the bidding process with regard to the project. PARKS & RECREATION DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1025 (#8-94 ) AN ORDINANCE MODIFYING ORDINANCE NO. 1016, JACKSONVILLE MUNICIPAL CODE 3.08 ET. SEQ., AND THE CITY OF JACKSONVILLE PURCHASING MANUAL FOR GUIDANCE AND USE BY THE CITY OF JACKSONVILLE PURCHASING DEPARTMENT AND EMPLOYEES; AND, FOR OTHER PURPOSES. Mayor Swaim related that Ordinance 1025 is a revision to the Purchasing Manual. He further related that the Ordinance will address an item which appeared in the Audit. Alderman Knight moved, seconded by Alderman Wilson, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, and Williamson voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Bamburg. Alderman Knight moved, seconded by Alderman Lewis, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, and Williamson voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Alderman Knight moved; seconded by Alderman Lewis, to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, and Williamson voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the SECOND TIME. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 P.M. Alderman Smith moved, seconded by Alderman Sansing, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, and Williamson voted AYE. NAY (0). Motion received eight (8) affirmative votes, (O) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Sansing moved, seconded by Alderman Ray, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, and Williamson voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ADOPTED AND NUMBER 1025 THIS 7tH DAY OF JULY 1994. b. Audit Report for 1993 Mr. Mac McAlister thanked the Council for the opportunity to perform the audit for the City of Jacksonville. He pointed out that an assessment was made of how activities are managed and how well management is discharging its duties to conserve, properly use and safeguard scarce resources in order to meet the City's needs and objectives. He said that the report illustrates that the City has continued to improve with regard to managing its financial resources over the past years. In respect to the 1993 financial activities, he said the total offering revenues was $11,515,000.00 which represents a 28$ increase over 1992; and that revenues from the City's share of the Pulaski County one cent sales tax and from the City's sales tax provided approximately 42% of the total revenues. He related that tax turnbacks from the State of Arkansas contributed 15% adding that the operating revenues in 1993 were approximately $9,920,000.00, a 13$ increase over 1992 expenditures. He stated that the City spent over one million dollars in 1993 from the Capital Project Funds for infrastructure, construction, improvements and major items such as new equipment. Overall operating revenues exceeded expenditures by approximately 1.6 million dollars in 1993 with much of this committed to new construction and improvements to be undertaken in 1994. He related that the City's reserves and its operating funds increased to 6,913,000.00 in 1993, an amount approximately equal to 60% of total revenues for the year: He related that the City's General Fund expenditures were approximately $200,000.00 less than the budgeted expenditures, that Street Dept. expenditures were $74,000.00 under budget; while Parks and Recreation expenditures exceeded budget by $85,000.00 due to the completion of some projects in 1993 which 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 P.M. were undertaken in earlier years. He pointed out that this reflects good budgetary controls during 1993 and effective cost containment by the City's management. He stated that no material weakness or non-compliance with regard to the City's compliance with Federal and State laws governing financial activities were found. He related that some recommendations were made with regard to strengthening internal controls already in place which will improve the efficiency of the City's financial operations. He stated that the goal in making these audit recommendations is to have a positive effect and provide feasible cost effective benefits that will enhance the City's operations. Overall he stated that the audit reflects sound financial management of the City's resources. He expressed his appreciation to the Finance Department's staff for their assistance and contributions to the preparation of the report. Alderman Wilson requested information concerning audit recommendations made for 1993 that were not yet implemented. Mr. McAlister stated that there were three prior year recommendations which were (1) a pooled cash account which has been completed, (2) accounting reclassification and (3) a separation of duties with regard to collection of fines process. He stated that the collection process is something that still needs to be addressed pointing out difficulty given limited personnel. Mayor Swaim related that in the area of processing fines that negotiations are not fully complete and that the reconciliation has been revised, moving part of the cash or check writing responsibility from the Police Department over to the Municipal Courts. Alderman Smith inquired as to the regulations concerning the opening or closing of any accounts with regard to Council approval. Mr. McAlister stated that it is a factor the City should have, adding that he .has not researched the matter to see if it is required by law. He stated that the Council should be aware of any such accounts giving control to the Council who is ultimately responsible for the safeguarding of the assets of the City. He stated that there were no problems with regard to findings dealing with this recommendation. Mayor Swaim explained the intent as to the use of the money in reserve with regard to projects for which it has been allocated 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 P.M. such as the new Community Center and drainage, adding that having money in reserve is an essential part of planning for the future. Alderman Knight moved, seconded Wilson to APPROVE AND ACCEPT the 1993 Audit Report as conducted by McAlister and Associates. MOTION CARRIED. c. DISCUSSION: Probation Service for the Municipal Court. Mayor Swaim stated that the Probation Officer has left employment with the City and once again discussion has risen as to the status of the position. He related that he has requested input from Judge Batton with regard to any recommendations adding that this is'his area of jurisdiction. He related that the Judge has responded stating that he feels it is still a full time job with no further recommendations. He stated that he has given the Judge what he felt to be viable options including sharing a Probation Officer with another city or contracting a Probation Service in lieu of a full or part-time Probation Officer. At this time Mayor Swaim relinquished the floor to Mr. Don Thompson a representive from Probation Service Company. Mayor Swaim interjected that Alderman Twitty who was unable to attend the meeting has asked that this item be tabled for further discussion until which time she can be present. He stated that Alderman Twitty is not in favor of hiring another full time Probation Officer. Mr. Thompson related that he is the Deputy Director of Corporation Services. He thanked the Council for the opportunity to address them with regard to the service his company has to offer. He briefly related his credentials regarding expertise in this area. He related that Court Probation Services was founded by Mrs. Linda Pollick in 1986, adding that it is a highly specialized Arkansas based company recognizing the need for alternatives to incarceration, tight budgets, and personnel shortages. His presentation revealed there would be low to no start up cost and the offender would be responsible for the $20.00 monthly fee to handle each case. He related that among the services included are automated offender tracking systems, supervised probation, time-pay probation, collection of fine, supervision and community service, pre-trial release and. reporting inquiry capabilities. He then explained what each of these services would consist of and its capabilities. He related that this type of service requires a good working relationship with the Municipal Judge for measured success. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 P.M. He related that part of the program would include that an individual without a high school degree be enrolled in a GED program adding that this is something extra that the company offers for the community including tutoring capabilities for some cases. He related that pre-trial sentencing statements are also offered as a part of the services. He stated that start-up cost would depend on the size of the community and the needs desired adding that after the completion start-up and along with the confidence of the Judge, Council and Municipal Clerk in the Probation Officer the community will have a valuable program which will not cost a dime after set-up fee. He reiterated, "We will not charge the community a dime once we get started and have our program going". He stated that their revenues are self-sustained and collected from the individual that committed the infraction, adding that, "We do not collect our revenues from the city taxpayer". He related that, "In order for the company to survive operating in this manner they must be established in the community, once this happens, involvement from the Judge should provide enough probationers to sustain their own wages". He related that if this does not occur, one of two things is happening; either the docket does not support the type of people the Judge would like to give the Probation Officer or he does not have the necessary confidence in that Probation Officer. He then related that should the Judge not have confidence in that Probation Officer, the company will take a look at that Officer and start looking for one that he will have confidence in. He stated that the Probation officer's salary will be paid by the company along with his vacation pay while supplying a replacement during his vacation for the court. He stated that the commitment needed from the City is an office to work in, access to a copy machine, a telephone and computer capability for inquiry on fines that are accessed. In response to a question posed by Alderman Knight, Mr. Thompson related that in assessing the start-up fee he would need to review the number of clients the Judge currently has, the average number provided per month in the past, and the amount of outstanding fines. He then related that they would target outstanding warrants of those not served in the last four years excluding the individuals currently paying to the satisfaction of the City. He related that these individuals do not create a concern for the City or the County. He stated that a collection program is a spin off of the Probation Services, explaining that this is where the County and City employ them at no charge which allows for an off-set in the start-up fees. He stated that the company relies on its professionalism today to establish stability. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 P.M. In response to a question posed by Alderman Wilson, Mr. Thompson related that at the time the Judge sets the sentencing, the fines and the court costs are assessed according to law. Then, if the individual is placed on probation with the probation service, the individual is charged a fee of $20.00 per month regardless of the amount of times they may be required to report to the probation service. He then related that the Judge has the power to waive the fee in the event he deems the person unable to pay, adding that community service could be rendered in such cases. He related that the Municipal Judge will determine what the probation officer will and won't do. Mayor Swaim pointed out that some attorneys in town expressed concern about the probation services in a signed petition. He related that they addressed it as a youthful offenders program which, he said, "It is not. He said the officer is not a "Juvenile Probation Officer", that the City did not have a juvenile officer in the last officer employed by the court. He noted that youthful offenders could be assigned to the Probation Officer for a year and then have their records expunged after a year if the Judge sets them as a youthful offender. Mr. Thompson said that his service program requests that records of first time offenders be expunged for compliance. When asked by Mr. Sansing about the salary of the last Probation Officer, Mayor Swaim related that it was $22,809.00 plus benefits. He said that the total cost to run the office was approximately $28,000.00. Mr. Thompson said that a minimum of 66% of the cost up front could be saved the first year; that the third and fourth year, one hundred percent could be saved. Alderman Fletcher expressed concerns about the job being a part or full-time position. He noted that he favors a prevention type program for the youth of the community. He said that the attitude of those involved in the program, the Council, the Judge, the Probation Officer, etc. is of utmost importance. Mr. Thompson related that Judge Batton had contacted the service earlier in the year at the Judge's and Clerk's conference, that he has opened the door but that the time has not presented itself for all parties to talk about the situation. He said that he was unaware of the situation regarding the Probation Office vacancy. He stated that the one thing he would like to emphasize is that the 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 P.M. Judge will hire the individual, and that Court Probation Services will solicit resumes' for his choice. He continued by saying that it is the Judges program that will be supported by Court Probation Services. Mayor Swaim presented clarification regarding the authority to counsel youth. He pointed out the possible liability toward the City if involved with the probation of youthful offenders, adding that the City does not have authority under the law. City Attorney Bamburg stated that the Supreme Court declared the juvenile system unconstitutional, awarding all authority to deal with juvenile offenders to the Juvenile Courts of each County. He related that Pulaski County Juvenile Court has total authority on juvenile offenders; adding that there are some offenders under the age of eighteen that can be tried as adults in a criminal court. He stated that juvenile offenders who are processed through our court and found guilty under "adult mandated circumstances" could be assigned to the Probation Service. Mayor Swaim related that he wished to clarify some confusion over the concern that the City is discontinuing the position of Juvenile Officer, he stated that the City of Jacksonville cannot legally have a Juvenile Probation Officer. City Attorney Bamburg related in response to a statement made by Alderman Fletcher regarding the County Juvenile Probation Officer, saying that he discouraged involvement, and that the County is mandated by law adding it would be best to let them handle their obligation. Alderman Knight stated that this avenue appealed to her because it appeared to be professional, most efficient, and the cost will be very positive to the taxpayer in the City of Jacksonville. She then stated that she would like to go on record and ask that the Mayor, the Clerk and the Judge get together and bring back a proposal to see if it is acceptable and a wanted program by the Judge. She related that if the item appears on the last Council meeting in July she will be unable to attend due to out of town business. She stated her position by saying that if at all possible she would like to have her proxy remain and count in favor of the program if it is found to be acceptable. Alderman Williamson requested that other cities using this program be contacted to determine their satisfaction with the program. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 P.M. Mayor Swaim stated that he felt that this program could save thousands of dollars for the citizens of Jacksonville and provide a much better service than in the past. Mr. Thompson, with the permission of the Council, voiced that he would contact Judge Batton with regard to his feelings toward this type of Probation Service. APPOINTMENTS: Alderman Wilson moved, seconded by Alderman Williamson that Mrs. Terry Roy and Mr. Alton Higginbotham be re-appointed to the Hospital Commission for a term to expire June 30, 1999. MOTION CARRIED. ANNOUNCEMENTS: Mayor Swaim announced that Economic Development will host a Public Hearing July 12, 1994 at 12:00 p.m. to be held at Rips Buffet. ECONOMIC DEVELOPMENT PRESENTATION: At this time a package was presented to each Council member regarding the completed first stage of the Economic Development Study. Mayor Swaim related that the presentation material was generated on the computer, including the graphics, done on a one time basis with printed like quality. He stated that these will be provided to those who will need them and will be done on a personalized basis for potential incoming business or industries. He noted that the information is good, the quality is good and the presentation is favorable being easy to read and understand adding that he would like to thank Phil Sullivan and Rona Scott for the excellent job. He pointed out that monies had been set aside for printing and is pleased that the computer was able to be utilized instead, thus saving money. He stated this was totally funded by the 75/25 match grant received from the Federal Government. He stated that before the end of the year the City will receive the fiveyear plan that will be produced from the material gathered by Economic Development. He stated that he felt the program was excellent and will certainly further the City's attempts to recruit industry and business. DRAINAGE UPDATE: Alderman Knight inquired as to any problems with drainage in the area of Dale Drive. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 P.M. City Engineer Reel related that the ditch that runs parallel to the back of the properties is a small drainage ditch that has further been constricted as the property was developed. He pointed out that the fences would have to be moved in order to clear out the easements so that the drainage ditch can be enlarged in order to take care of the flooding problems. In response to a question posed by Alderman Wilson, City Engineer Reel related that the drainage goes east away from North First and ties into a larger ditch that is a part of the MaxHowell area. He then related that as development occurred in that area the ditch was maintained by the builders but was partly filled in by the owners who built fences. It was determined that the ditch is accepting water which falls on the east side of North First Street. As to the question of proper design during development, City Engineer Reel related that ditches in established neighborhoods suffer from vegetative build up, silting in and encroaching fences. He then stated that when the area was developed the drainage was adequate to accommodate a minimum storm. He added that the main problem is obtaining access to the drainage ditch for work to be performed. Mayor Swaim pointed out that because of the massive amounts of rain recently there have been areas that have flooded that would not normally do so. City Engineer Reel related that ditch work has been performed with hand tools behind the residence of 201 Dale Drive. RE-ASSESSMENT OF REAL PROPERTY IN PULASKI COUNTY: Mayor Swaim related that the re-assessment of all real property in the County is being considered and appears to be no option in preventing the school district from loosing a large amount of funds if the assessment goes below the level prescribed by law. The Court will have a presentation July 12, 1994 at 7:00 p.m., adding that there will be a representative from the Board of Equalization. Mayor Swaim stated that the amount in question is from three to six million, adding that the citizens of Jacksonville need to know that the City does not assess a real property tax on real estate in the City of Jacksonville. He stated that if there is a change in the taxes paid by the citizens, it will not be going to the City funds. He related that if the City is not in receipt of those funds, then it should not have to pay a percentage of the six million dollars for the re-assessment. He stated that the re-assessment costs are to be divided based on the income from the re-assessment. He 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 7, 1994 7:00 P.M. - 8:15 P.M. stated that only a small amount should be owed by the City of Jacksonville with regard to the two pension funds which are 3/10 of a mill on each. He urged attendance from the Council members adding that the meeting will be held at the Administrative Building in the Quorum Court Room. CONSTRUCTION UPDATE: POLICE DEPARTMENT: Mayor Swaim related that the other than the installation of the carpet, which was approved by the City Council at the last regularly scheduled City Council meeting, the Police and Courts Building is substantially complete and open house will soon follow. COMMUNITY CENTER: Mayor Swaim related that positive comments were made by mayors of other cities at the recent Municipal League meetings held in Little Rock. He related that construction completion is still rumored to be in November of 1994 depending on the weather. He stated that construction is behind schedule causing the collections to also fall behind. He related that they will be able to make up the time lost and that the funds are available to start making larger construction payments. FIRE DEPARTMENT: Mayor Swaim pointed out that with regard to the expansion for the Fire Department the Firemen are performing the work themselves and that it is substantially completed. He then stated that upon completion an announcement will be made to the City Council. COMMENTS FROM THE MAYOR: Mayor Swaim commented on the various drainage projects in the works for the City of Jacksonville. He stated that, "We will probably never be able to do all the drainage projects that I would like to do in the City of Jacksonville, while I'm Mayor, but we are certainly going to keep doing more and more every year as long as the funds are available". He related that $800,000.00 previously mentioned in the audit report is set aside for drainage projects that are already started, planned to be started, or at present are in the drawing stage. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:15 p.m. Respectfully, __________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 12