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00 MAR 16.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 16, 2000 7:00 P.M. – 8:02 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 March 16, 2000 at the regular meeting place of the Council. Alderman Smith delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty, and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, Director of Administration Murice Green, Human Resource Director Dennis Foor, Finance Director Paul Mushrush, City Engineer Duane Reel, CDBG Director Frank Rowland, Parks and Recreation Director George Biggs, Police Chief Hibbs, Fire Chief Vanderhoof, Mrs. DeDe Hibbs, Mrs. Joanne Williamson, Deputy of Public Works Jimmy Oakley, CDBG Director Frank Rowland Parks and Recreation Administration Manager Patty Walker, Water Commission Chairman Thad Gray, Water Commissioner Gordon Koops, Water Superintendent Ken Anderson, Justice of the Peace Dennis Sobba, Mr. Tommy Dupree, Police Captain Baker, Mr. Terry Sansing, members of the channel 11 news team, Jacksonville Patriot Reporter Peggy Koury, Leader Reporter Rick Kron, Democrat-Gazette Reporter Larry Ault and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of March 2, 2000 for approval and/or correction at the next Regular City Council Meeting. Plaque Presentation: Mayor Swaim announced that the City has been honored for flood planning by Arkansas Soil and Water Conservation Commission. He related that Jacksonville was one of only seven cities in the State honored for its efforts in flood control. He stated that the City will receive its second consecutive annual certificate of achievement for excellence in financial reporting for its Comprehensive Financial Report for the physical year ending December 31, 1998. He related that it is the highest form of recognition in governmental accounting and financial reporting. He recognized Finance Director Mushrush and staff for the honor that represents significant accomplishment by government management. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 16, 2000 7:00 P.M. – 8:02 P.M. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Gentry that the minutes of the Regular City Council Meeting of 17 February 2000 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Gentry that the Regular Monthly Report for February of the Jacksonville Police Department be APPROVED. Said report reflects; Total value of reported stolen Property $27,706.00, Total value of recovered stolen property $20,453.00, and Total Report Sales $266.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Gentry to APPROVE the Report for February of the Jacksonville Fire Department, which reflects a fire loss of $12,200.00, and a Savings Total of $16,800.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Gentry to APPROVE the monthly Animal Control Report for February 2000. Report reflects the following: REVENUES……………………………………………$ 727.00 CONTRIBUTIONS………………………………$ .00 ADOPTIONS/FINES…………………………$ .00 TOTAL……………………………………………………$ 727.00 WATER DEPARTMENT: WASTEWATER DEPARTMENT: WATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: Request to accept bid Mobile Data System Police Chief Hibbs related that the City received a grant applied for last year from the Department of Justice regarding mobile data terminals installed in vehicles to provide officers computer technology advancements regarding access for license checks, wanted persons and other information. He stated that the recommendation is for the second lowest bidder of M.J. Communication. He stated that in checking with Springdale and Mountain Home who have systems with the low bidder Premier MDT, he learned that those systems are CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 16, 2000 7:00 P.M. – 8:02 P.M. not operational yet and do not interface with the ACIC State operated system. He reported that in speaking with those cities he was made aware of software problems. He then related that Sherwood is extremely please with their system from M.J. Communications and reported no problems or difficulties. He pointed out a better percentage payment from M.J. Communications and related that the total grant amount is $193,000.00. Alderman Elliott moved, seconded by Alderman Williamson to accept the bid from M.J. Communications of $180,765.00 and to reject the low bid from Premier MDT for failure to meet specifications. MOTION CARRIED. STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Policy Manual Update Council was provided an information table regarding statistical data regarding number of sick days over ten per department. Discussion ensued regarding that State Law mandates sick leave for uniform employees and that regarding non-uniform employees the area of flexibility and possibility of lowering the accumulation of sick days from ninety (90) to sixty (60) days. It was noted that Fire and Police sick time is calibrated differently because of the length of shifts. Mayor Swaim related that there is a bill in the legislation to increase the amount of sick leave. In response to a question posed by Alderman Wilson, Human Resource Director Dennis Foor related that averages over ten days includes those with extensive illness taking into consideration Family Medical Leave. It was the general consensus to address at the next regularly scheduled City Council Meeting. ORDINANCE 1135 (#7-200) AN ORDINANCE AUTHORIZING THE JACKSONVILLE WATER COMMISSION TO INCREASE CITY WATER USAGE RATES; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 16, 2000 7:00 P.M. – 8:02 P.M. Jacksonville Water Superintendent Ken Anderson related the need for the current water rate increase and acknowledged attendance of Water Commission Chairman Thad Gray, Water Commissioner Gordon Koops. He then introduced Mr. Kirby Rolland with Garver Engineers as responsible for the master plan and Ms. Pam Kale with Engstrom, Grayson, Green & Patterson Certified Public Accountants & Consultants to address the rate study. Mr. Kirby Rolland related that in 1997 his firm was commissioned to prepare a master plan for the Jacksonville water system. He stated that the master plan analyzed the water system and the next twenty (20) year projected needs. He stated that the plan was accepted by the Jacksonville Water Department, the Arkansas Health Department and the Arkansas Soil and Water Service Commission to be adopted to the Arkansas Water Plan. He related that acceptance of the plan allows Jacksonville to have its well fields allocated for public water supply regarding public health and safety. He reviewed the five (5) year projected Master Plan priority list to address the needs of the Jacksonville water system. YEAR PROJECT ESTIMATED COST 2000 Standby Power Generator $320,800 2001 2 Additional Wells $300,000 12” Water Main – East Plant to Madden Rd. $600,000 2004 Republican Road Tank $275,000 He commented that the Standby Power Generator is required by the Health Department, adding that the addition of wells is necessary to replace wells that are beginning to show stress and further a 12” water main to serve downtown and the western area and a future water tank on the north side of the system. He stated that there was a deficit in 1999 that will increase in time without a rate increase. He stated that the rate analysis looked at four options. He related that the eleven-percent (11%) rate increase will provide approximately $541,000.00 annually which is projected to meet just the basic annual needs for operation and maintenance. He pointed out the 12” water main relocation last year and this year for the western side of the system regarding Wal-Mart, John Harden and Main Street all of which are not budgeted items. He then pointed out the City of Cabot has projected as of September 2000 a drop in purchased water from Jacksonville estimated at $355,000.00 in annual lost revenue which is not figured into the eleven (11%) or nineteen (19%) proposed increase. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 16, 2000 7:00 P.M. – 8:02 P.M. He related that the Project Priority List has capital needs of $300,000.00 annually and that the nineteen percent (19%) addresses the standby Power request for this year as well as the ensuing projects. He pointed out that even with a nineteen percent(19%) rate increase, Jacksonville would still have the 10th lowest water rates in the State. He stated that his firm feels it is important that the Ordinance include a pass-through clause because while Little Rock and North Little Rock have agreed to lower the initial proposed rates for one year during their study, Little Rock is planning to raise rates January 1, 2001 to the original rate increase. He pointed out and congratulated Jacksonville for being able to lower its Fire Insurance Rating to three, adding that they concur with the Water Department that the Project Priority List is important in maintaining that rating. Ms. Pam Kale related that the eleven percent(11%) proposal is an increase without consideration for change or emergency contingencies even with the inclusion of Cabot revenues, adding that reserve or short fall funds will be depleted by $300,000.00 annually in this proposal. She stated that next year will require a thirteen (13%) increase over and above the natural 3% growth of revenues if inflation continues to cover the short fall. Mayor Swaim asked for actual cost per family household. Ms. Kale related that rate structures based on an average use of eight thousand gallons will average from currently $13.89 to $16.53 with a 19% increase and $17.92 under a 29% increase which could happen with the pass-through. Mayor Swaim stated that his understanding is that the average increase for a family of four is $2.64. She concurred and pointed out that regarding inflation there has not been a rate increase since 1985 and represents a dramatic difference of what it would have been under inflationary cost even with the highest percentage rate increase. Alderman Fletcher expressed thankfulness that Arkansas does not have the greater concern than an increase, pointing out citizens in California who cannot be assured of the ability to obtain water for service. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 16, 2000 7:00 P.M. – 8:02 P.M. Alderman Smith mentioned the work and support for an alternate water source for the future. Mayor Swaim asked the Water Commission and Mr. Anderson for consideration, pointing out that North Little Rock was very generous in working with Jacksonville regarding their water rate markup and saying that he hopes Jacksonville will make those same considerations regarding its outside the City customers. Alderman Elliott expressed reservation regarding the pass-through. Alderman Fletcher moved, seconded by Alderman Williamson that Ordinance 1135 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) 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 Ordinance 1135 in its entirety. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Lewis moved, seconded by Alderman Ray that Ordinance 1135 be ACCEPTED on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Gentry moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1135 on SECOND READING. In response to an inquiry from Alderman Elliott, Mr. Thad Gray explained that the 1.7 million dollar increase originally planned by Little Rock was negotiated to $900,000.00 which began January 1, 2000, adding that Jacksonville’s rate increase will not be implemented until May 1, 2000. He then stated that on January 1, 2001 any increase passed to North Little Rock from Little Rock has already been approved by ordinance and it will pass through their rate structure, which will affect our rate structure January 1, 2001. He related that the Water Commission has signed a 10-year contract with North Little Rock for the purchase of three million gallons daily. He pointed out that Little Rock and North Little CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 16, 2000 7:00 P.M. – 8:02 P.M. Rock have a rate increase of 150% to their outside customers. He then stated that after their initial rate increase North Little Rock proposed a 22% increase inside the City and is making a giant move to levelize rates, which is a major reason Jacksonville’s increase is not in the 30 to 40% category. He expressed gratitude for North Little Rock and its efforts to formulize the rate increase. He then related concerns for Cabot and the unknowns regarding their situation. Mayor Swaim clarified that the pass-through from North Little Rock to Jacksonville is the only reason rates can be raised. Alderman Wilson stressed communication to the Jacksonville citizens and Mr. Anderson reported that he is in communication with Air Base officials, Cabot, Bayou II Water Users Association and Furlow, adding that officially letters can be sent to residents or they could be notify on their bill. Alderman Williamson commented that he feels that everyone is aware and that there has been plenty of advanced warning of the emanate water rate increase. Alderman Wilson highly recommended that the water department communicate directly to citizens and said that the fact that 90% of all other cities in Arkansas pay higher water rates than Jacksonville even with the increase, should be communicated to the citizens. Mr. Gray thanked the press for their part to inform the citizens and pointed out that the 19% rate increase will affect only the water usage portion of their bill. Mayor Swaim explained that that the 19% increase equates to $2.64 for an average eight thousand-gallon user. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Gentry to further suspend the rules and place Ordinance 1135 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 16, 2000 7:00 P.M. – 8:02 P.M. Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Howard to APPROVE AND ADOPT Ordinance 1135 as amended. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1135 THIS THE 16th DAY OF FEBRUARY 2000. ORDINANCE 1136 (#8-2000) AN ORDINANCE ESTABLISHING THE METHOD OF PAYMENT FOR BENEFITS AND CREATION OF SURVIVOR BENEFITS FOR THE JACKSONVILLE MUNICIPAL OFFICIALS’ RETIREMENT TRUST; CREATING JMC § 2.88.050; REQUIRING ALL NEWLY ELECTED OFFICIALS TO ENROLL IN THE ARKANSAS PUBLIC EMPLOYEES’ RETIREMENT SYSTEM; AMENDING JMC § 2.88.010; AND, FOR OTHER PURPOSES. Alderman Twitty related that the City Council established a trust for municipal officials and should now provide survivor benefits, adding that as a widow she feels those benefits should be added. It was noted that widows would receive half of the retiree’s benefits. Alderman Twitty moved, seconded by Alderman Williamson that Ordinance 1135 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Mayor Swaim explained that newly elected officials would be placed on the APERS State retirement program, which is financially advantageous to City taxpayers. He stated that it is administered by the State rather than the City’s general fund. Alderman Wilson moved, seconded by Alderman Gentry that Ordinance 1135 be ACCEPTED on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 16, 2000 7:00 P.M. – 8:02 P.M. Mayor Swaim noted the recent death of former Mayor Harden and stated that widows’ benefits for Mrs. Harden would be $125.00 monthly. Alderman Gentry moved, seconded by Alderman Wilson to suspend the rules and place Ordinance 1135 on SECOND READING. In response to a question posed by Alderman Ray, Mayor Swaim related that an employee is vested in APERS after five-years by State Statute that can be drawn after age 65. He then stated that the percentage fluctuates, explaining that the City of Jacksonville is under a employee non-participatory program at a little over seven percent which is dictated by the State. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Mayor Swaim clarified that to draw the retirement from APERS you must either have 28-years service or be 65 years of age. Alderman Smith moved, seconded by Alderman Gentry to further suspend the rules and place Ordinance 1135 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Gentry moved, seconded by Alderman Lewis to APPROVE AND ADOPT Ordinance 1135 as amended. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1136 THIS THE 16th DAY OF FEBRUARY 2000. He related that the ordinance is retroactive, adding that Mrs. Harden will receive those payments after the 30-day waiting period. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 16, 2000 7:00 P.M. – 8:02 P.M. APPOINTMENTS: Alderman Elliott moved, seconded by Alderman Ray to approve the Civil Service re-appointments of Donnie Farmer and John Mitchell for terms to expire April 6, 2006. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to approve the Jacksonville Housing Authority re-appointment of Mr. Bob Whatley for a term to expire March 17, 2005. MOTION CARRIED. Alderman Wilson abstained. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 8:02 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer