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97 OCT 16.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 16, 1997 7:00 P.M. - 7:50 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 October 16, 1997 at the regular meeting place of the Council. Alderman Smith delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Williamson, Keaton, and Howard answered ROLL CALL. Alderman Fletcher came in at approximately 7:09 p.m. Alderman Sansing was unable to attend due to his work. PRESENT nine (9), ABSENT one (1). Mayor Swaim answered ROLL CALL and declared a quorum. He expressed appreciation to the audience for their attendance. Others present for the meeting were: City Attorney Robert E. Bamburg, City Engineer Duane Reel, Steve Ward, Aide to the Mayor, Fire Chief Rick Ezell, Police Chief Larry Hibbs, Police Chief Rick Ezell, Finance Director Paul Mushrush and Accountant Mrs. Cheryl Erkel, Accounts Payable Clerk Kay Phillips, Public Works Director Murice Green, Economic and Community Development Director Phil Sullivan, 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 October 2, 1997 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Elliott moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of September 18, 1997 be APPROVED. MOTION CARRIED. CONSENT AGENDA: FIRE DEPARTMENT: Regular Monthly Report/Fire Department Alderman Smith moved, seconded by Alderman Lewis that the Regular Monthly Report for September, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $88,400.00 for the month.) ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Williamson, Keaton and Howard voted AYE. NAY 0. MOTION CARRIED. POLICE DEPARTMENT: Regular Monthly Report/Police Department Alderman Smith moved, seconded by Alderman Lewis that the Regular Monthly Report for September, 1997 of the Jacksonville Police CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 16, 1997 7:00 P.M. - 7:50 P.M. Department be APPROVED. Said report reflects: Fine Settlements $ 73,880.44, Miscellaneous Payments $ 231.00, Report Sales $ 384.00 for a total Collections of $ 74,496.19. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Williamson, Keaton and Howard voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: BID: Breathing Air Compressor Mayor Swaim introduced Chief Ezell who informed the Council that the compressor presently being used is approximately 20 years old and has been rebuilt twice. He related that the bid is from the same company who made the one being used and that he feels they are proven. Alderman Elliott moved, seconded by Alderman Smith to approve the request to purchase a Breathing Air Compressor, a budgeted item, for $14,948.00 from the low bidder, Fire Service Supply. MOTION CARRIED. POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: DISCUSSION: Purchase of Leaf Vac Mayor Swaim introduced Alderman Williamson who addressed the item of business. He explained that he, Alderman Elliott, Public Works Director Murice Green, and Finance Director Paul Mushrush have been working on the financial status of the Sanitation Department. He said that they have been looking at a "Leaf Vac" which will help to save money in the long run as far as wear and tear on the tub grinder. Public Works Director Murice Green related that the concept came from a desire to improve operations and save wear on equipment. He explained that the backhoe is used in operations involving the cleaning of leaves from ditches, which could easily be handled by the leaf vac. He related that the whole leaf grinding operation could be simplified with the "Leaf Vac" which would grind the leaves as they are picked up. He stated that leaves and grass are the worst elements handled by the tub grinder. He related that a leaf loader averages thirteen to fourteen thousand dollars and the hopper would run between two and three thousand. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 16, 1997 7:00 P.M. - 7:50 P.M. Mayor Swaim related that pine needles are not greatly reduced in volume as other leaves when mulched. After a short discussion it was suggested that the expenditure be taken from the 1997 Street Funds. Other discussion involved scheduling for pickup and procedure. In response to a suggestion from Alderman Wilson, Mayor Swaim related that after reviewing a shuttle operation for leaf dumping it appears to be more feasible, if an additional employee is hired, to purchase a new truck which would pay for itself in two or three years. Discussion ensued as to the different available methods of leaf disposal. It was the general consensus of the Council to proceed with specifications and bid process for the purchase of a "Leaf Vac". Alderman Williamson related that at the next regularly scheduled Council meeting there will be a presentation on recycling by the Waste Management staff. PLANNING COMMISSION: GENERAL: a. Activate 457 Employee Deferred Compensation Plan/Cafeteria Plan Mayor Swaim related that an Ordinance passed in 1987 authorized the City to activate a 457 Employee Deferred Compensation Plan, however, it has not been administered yet because of manpower and available equipment. Alderman Smith related that the Plan would defer part of employee earnings, which also defers taxes. Mayor Swaim explained that basically the plan is a 401K plan for government employees. Alderman Wilson related that it is important to note that this plan will not cost the City money and that the City will not be contributing to the retirement fund. He pointed out that the City will save money through lowered FICA expenses, which will in turn go toward the administrative cost of the plan. Alderman Wilson moved, seconded by Alderman Ray to activate the 457 Employees Deferred Compensation Plan. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 16, 1997 7:00 P.M. - 7:50 P.M. Alderman Wilson commented on the long-term benefit to employees and encouraged education of the plan. Mayor Swaim concurred and explained that Mr. Hill would participate in the education of employees. b. Checking Account Consolidation Mayor Swaim invited Finance Director Paul Mushrush to address the item of business. Mr. Mushrush requested that twenty-six checking accounts be reduced to approximately ten, adding that there are three State or Federal mandated accounts, which are required to remain separate. He stated that the General, Street, Sanitation and Parks will also remain separate. He noted that the general function accounts include four primary activities and highlighted the scope of work involved in reconciliation of the General Fund account, which is mandatory to remain the same. He said the main objective is to computerize all the accounts whereas now there are several accounts whose checks are hand written, which does not facilitate good accounting control. Mr. Mushrush related that Parks and Recreation have requested to move their account to the First Jacksonville Bank since Boatmen’s branch will close in the area. He explained that some of the Park and Recreation activities require night deposits. Alderman Fletcher moved, seconded by Alderman Elliott to authorize consolidation of checking accounts and moving of the Parks and Recreation account to the First Jacksonville Bank. MOTION CARRIED with Alderman Wilson abstaining. Mayor Swaim commended the Finance Department for a job well done. c. DRAFT ORDINANCE 1088 (#16-97) AN ORDINANCE PROVIDING POLICY GUIDELINES AND STANDARDS FOR THE EXERCISE OF LOCAL AUTHORITY TO REGULATE TELECOMMUNICATIONS PROVIDERS AND SERVICES WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; CREATING JACKSONVILLE MUNICIPAL CODE §5.40 ET. AL.; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Smith highlighted the intent of the Ordinance dealing with Wireless Communications Facilities (WCF) and the pre-existing WCF’s, which are grandfathered in such as Alltel and Southwestern Bell. He stated that the WCF can be no more than twenty feet in height than the building it's attached to. He stated that support WCF's will CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 16, 1997 7:00 P.M. - 7:50 P.M. have a maximum distance of one hundred feet and will be located in heavy commercial zoned property such as M-1, M-2, and public rights-of-way. He said that it will carry certain landscaping, screening and fencing requirements, that the Planning Commission is granted the authority to propagate the rules and regulations. He said that when developmental standards are met the City Engineers Office will issue a building permit. Otherwise, applicants will go before the Planning Commission to obtain a "towers use permit" and a fee of one dollar per foot, up to a maximum one hundred twenty dollars, will be charged. City Attorney Bamburg related that other municipal telecommunication ordinances are encouraging placement of towers on public rights-of-way or public facilities, which provides placement in areas away from residential properties and enhances the cities abilities to raise revenue from the leases. He stated that the building height allowance is an encouragement for placement on taller buildings in Jacksonville that would provide a good location and great service range. He stated that the committee reviewed C-1, C-2, M-1, M-2 and public rights-of-way, adding that if the rights-of-way are near a residential area it will need to meet with certain set-back requirements. Discussion ensued as to public rights-of-way and water tower placement first. It was noted by Alderman Wilson that he felt the Planning Commission needed to review the Ordinance before complete passage from the Council as to avoid possible amendment. Alderman Smith moved, seconded by Alderman Lewis to place the Ordinance on FIRST READING. In response to a concern voiced by Alderman Fletcher, City Attorney Bamburg assured the Council that the Air Base is not concerned with towers under one hundred fifty to one hundred sixty feet, adding that they are currently involved with tower placement of their own for telecommunication enhancement. Alderman Smith concurred with confirmation from the Air Base regarding tower height. In response to water tower maintenance questions raised by Alderman Keaton, City Attorney Bamburg related that a contract regarding a current water tower placement places the responsibility for additional maintenance with the company who has the antenna. Mayor Swaim related that while a lot of money is not made from tower leases it is enough to compensate the Water Department fairly for use of their property, adding that the Water Department is willing and desires to enter into such agreements. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 16, 1997 7:00 P.M. - 7:50 P.M. In response to questions from Alderman Keaton, City Attorney Bamburg related that after meetings with the telecommunication companies it was determined that they are looking at placements of seventy-five to one hundred feet and that twenty feet between grids will handle interference problems regarding co-location. It was noted by the Mayor and City Attorney that the Ordinance encourages co-location. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Motion received nine (9) affirmative votes, (0) negative vote. MOTION CARRIED. Alderman Lewis moved, seconded by Alderman Ray to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. (Ordinance to be reviewed by Planning Commission before Council action by general consensus) Utility De-Regulation Mayor Swaim related that as Chairman for a task force from the Arkansas Municipal League, which is looking at the de-regulation of utilities he would like to encourage involvement from the citizens. He asked them to watch for opportunities in having input on rates, de-regulation and the request to sustain stranded cost for an additional seven years, explaining that even after de-regulation, rates would remain basically the same for seven years. He related that the first time State legislation will be considered is in the session of 1999. He related that it is a complicated issue and how the State handles de-regulation will determine rates. He pointed out that de-regulation could cause large users to seek other companies which would drive up rates for average users, or cause multiple suppliers in the same city. He related that a city cannot start its own company unless they have enough capital to buy the existing infrastructure. He urged involvement so as to protect the average homeowner using electricity and not let the balance become one sided. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 16, 1997 7:00 P.M. - 7:50 P.M. APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim related that the County Clerk has requested that citizens who want to vote in the upcoming sales tax election be registered by October 20th. Alderman Wilson urged that information regarding absentee voting be made available to the public. Mayor Swaim asked that the local paper publish the letter received from the County Clerk regarding information on voting. Quarter Cent County Jail Tax Alderman Wilson related the need to have the public informed regarding all issues and ramifications involving the Quarter Cent County Jail Tax. Mayor Swaim related that County law enforcement officers feel that crime in the local areas has decreased as a result of the jail facility. He stated that he was not aware of any placement problems involving the County Jail, adding that the City of Jacksonville takes extra measures regarding local booking and bonding. Police Chief Hibbs concurred that steps are taken to secure those eligible for release prior to being sent to the County Jail because since the opening of the County Jail a population alert has existed. He stated that the population is twelve to thirteen hundred for an eight hundred bed facility. He said it would create a crisis type situation if ordered by the court to bring it back to an eight hundred maximum. He stated that it is very important to have a place to secure prisoners rather than have them moving through a revolving door. In response to a comment from Alderman Ray, Mayor Swaim stated that within the expenses for the quarter one-cent sales tax is additional manpower and that consideration has even been given to private management of the jail. Alderman Fletcher stated concerns relating to anticipated welfare reform and the impact it may have on crime, adding that the time to address these problems is now. Chief Hibbs stated that a positive effect on the local crime rate has been having a detention facility and being able to utilize it. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 16, 1997 7:00 P.M. - 7:50 P.M. Mayor Swaim related that what he sees if the County Quarter One Cent Sales Tax does not pass is a much stronger effort from the County Quorum Court to draw monies from the local municipalities for funding. He stated that there have been two such attempts in the past to secure large sums of money from the City of Jacksonville, citing an attempt for the sum of over one million dollars in sales tax for that purpose. He said that over one hundred thousand dollars a year is currently paid by the City for its participation in the County Jail. He speculated that if the County Sales Tax does not pass the Court may set a higher participation price or a per diem price per prisoner setting up a revolving charge account, adding that the County already has the authority to do so. Mayor Swaim related that he feared the City of Jacksonville may have to pay more than its fair share, adding that from all the alternatives he feels that a fixed countywide rate is the most fair way. He stated that there have been no other proposals aside from the quarter one cent sales tax that distribute funding participation county wide. He said that while no one wants another tax there are times when it is less expensive to bear the tax than other options. Alderman Wilson commented on the positive cause and effect of the Jail and asked if an endorsement from Council is recommended. Mayor Swaim reminded the Council that it is an awkward situation campaigning for two taxes at the same time, adding that "we" as a group should say that we are looking for the least costly way to provide jail space for prisoners and feel that this is the best way considering the alternatives. Alderman Wilson moved, seconded by Alderman Ray to suspend the rules and place the item of business on the agenda. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Ray to go on record in support of the fairest and least expensive way to provide adequate jail space. MOTION CARRIED. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:50 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer