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
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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.
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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.
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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
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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
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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
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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.
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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,
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___________________________ ____________________________
Lula M. Leonard MAYOR
City Clerk-Treasurer
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