02 DEC 19.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 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 December 19, 2002 at the regular meeting place of the Council.
Alderman Ray delivered the invocation and Mayor Swaim led a standing
audience in the “Pledge of Allegiance” to the flag.
Mayor Swaim recognized Chief Ruthven, who introduced Canine Officer Lando
and his handler Officer Brady. He related that the previous canine named
Fellow developed hip dysphasia and replaced by Lando. He then introduced
a Shepard Canine Officer named Bendo and his handler Officer Collins. He
related that Bendo is the bomb dog recently approved for purchase by the
City Council.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum. Alderman Twitty was absent. PRESENT nine(9),
ABSENT (1).
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
Clerk Teresa Carter, City Engineer Jay Whisker, Public Works Director Jim
Oakley, Finance Director Paul Mushrush, Accountant Cheryl Erkel,
Purchasing Agent C.J. Brown, CDBG Director Theresa Watson, Parks and
Recreation Director George Biggs, Police Chief Ruthven, Fire Chief
Vanderhoof, Planning Commission Chairman Art Brannen, Mrs. Judy Swaim,
Mrs. Edith Smith, Mrs. Lindy Lewis, interested citizens and members of
the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of
December 5, 2002 for approval and/or correction at the next Regularly
Scheduled City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Howard moved, seconded by Alderman Smith that the minutes of the
Regular City Council Meeting of 21 November 2002 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Smith moved, seconded by Alderman Lewis to approve the Regular
Monthly Report for November 2002 from the Jacksonville Fire Department,
which reflects a fire loss of $314,100 and a savings total of $49,000.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Smith moved, seconded by Alderman Lewis to approve the Regular
Monthly Report for November 2002. Said report reflects the Total Value
of Reported Stolen Property $99,662. Total Value of Recovered Stolen
Property $72,483 and Total Report Sales $422.00.
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ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Stroud, and Howard voted AYE. Motion received (9), NAY (0).
MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 P.M.
The City Council reviewed a crime statistics summary for the City of
Jacksonville comparing January through June 2002 to those months in 2001
and the national statistics for that same period. Chief Ruthven noted
that the statistics are not as positive as the previous report, stating
that the crime index and the modified crime index is above national,
southern and same size city statistics. He pointed out that the modified
crime index differs from the crime index because it includes arson. He
stated that violent crime is down by 36.2%, adding that property crimes
have risen. He pointed out that there were no murders or rapes during the
reporting period, adding that robbery, aggravated assault and motor
vehicle theft is down. He then noted that burglary and larceny has risen
with no reported arson in the reporting period. He stated that the
increase in the index is due to statistics associated with property
crimes. He related that the raw numbers indicated for burglary and theft
were over 680 incidents pushing the overall crime index up compared to
the smaller figures regarding crimes of violence.
Mayor Swaim pointed out that while the overall index does show an
increase, violent crime is down 36%, robbery has decreased by 40% and
assault is down by 38%.
In response to a question from Alderman Wilson, Chief Ruthven responded
that the statistics indicate that there is a burglary and theft problem
in the City; he added that efforts are being focused to bring down the
property crime statistics. He stated that efforts regarding community
policing would continue.
Alderman Fletcher expressed concern regarding businesses that have home
delivery.
Chief Ruthven stated that there has been more than one incident involving
robbery of a person making home deliveries, adding that Department has
contacted each of those types of businesses to instruct on crime
prevention methods. He stated that the Department has offered assistance
when available to accompany delivery personnel into areas of concern.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT: ORDINANCE 1191 (#21-02)
AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE § 13.16.060 REGARDING
SEWER USER RATES ASSESSED; DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
Mayor Swaim related that the Wastewater Department has conducted two
public hearings regarding the proposed rate increase. He recognized
Wastewater Chairman Joan Zumwalt to address Council.
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Mrs. Zumwalt related that the need for a rate increase has been discussed
in great depth, adding that there are two finalized options for
consideration. She thanked Commissioners Kathy Parson, Kenneth McGhee
and prospective Commissioner Fred Blote for their support. She
introduced consulting engineer Mr. Larry Gattis.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 P.M.
Mrs. Zumwalt then stated that Mr. Gattis would present support
information regarding the Wastewater Department’s need for a rate
increase, pointing out that the Utility has not had a rate increase in
ten years and that the Department has been operating at a deficit. She
related that the Department was fortunate in the early 90’s to earn high
interest rates, which it used for operation of the utility for many
years.
Mr. Gattis stated that the Wastewater Commission proposes an increase in
user charges to support continued utility operations and to fund Capital
Improvements and the Sewer Rehabilitation Program. He related that the
Commission operates the Jacksonville Sewer System under an NPDS permit.
He stated that normally in Arkansas, the permit is administered by the
State through the Department of Environmental Quality, however, in
Jacksonville the Federal Environmental Protection Agency through the
Dallas Office administers the permit. He related that beginning in 1994,
the EPA mandated the Commission under an Administrative Order to perform
eighteen successive acts to accomplish the two-fold objective of closing
the West Plan and eliminating sanitary sewer overflows. He added that in
pursuit of that Administrative Order the Commission prepared a sewer
system evaluation survey in 1995, pointing out that the survey identified
approximately 5,000 mainline and manhole defects contributing to sewer
system overflows in wet weather. He went on to say that the study also
prioritized the 5,000 defects into 1, 2, 3 and 4 class priorities. He
related that the study recommended that priorities 1, 2, and 3 be
repaired immediately and that priority class 4 work be monitored and
repaired as it become higher priority. He stated that the project was
introduced to the City Council May of 1996, assuming that the City
Council would pursue a revolving loan fund to fund the project. He
stated that the project developed into two primary elements of Identified
Sewer System Rehabilitation of priority 1, 2, and 3 defects, and the
Johnson Plant project that permitted the Commission to close the West
Plant. He related that the City chose to fund the project by
contributing 1 million, the Air Base would contribute approximately 1.5
million, a temporary Sales Tax would contribute 8.8 million and the
Utility contributed 1.5 million. He added that the option deferred any
rate increase pending the completion of the project. He then reviewed
the twenty-year rate history of the Utility, saying that January 1, 1983
coinciding with the construction grants project for the Johnson Plat, the
rates were adjusted to a Base Rate of $4.10 for the first 2,000 gallons
and $1.43 per thousand thereafter. He explained that the unit rate
($1.43) is applied to water meter sells and that the Water Department
utilizes a seasonal average to reduce the summer time impact. He pointed
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out that in August of 1991 a rate adjustment removed a customer charge of
$.61 from the base charge to be shown as a separate line item but
clarified that there was no increase in rates. He pointed out that the
customer charge is paid by the Wastewater Utility to the Water Department
regarding administrative services. He added that in March 1992, six
months following the adjustment, the base rate was increased 10% from
$3.49 to $3.83, and the unit rate from $1.43 to $1.58. He stated that
the increase would constitute approximately 9% on an average 5,000-gallon
bill. He stated that it is significant to note that there has only been a
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 P.M.
9% increase in user charges over a twenty-year period, considering
utility operations for that period. He noted that during that same
period of time the consumer index increased 20% and construction cost
increased 70%; both affecting utility operations. He related that the
proposed increase is to support on-going Utility activities and fund the
Capital Sewer and Rehabilitation Program, adding that in the previous
three years Utility operation costs increase was 10% annually. He stated
that projecting forward, the rate for the next eight years is
approximately 6.7% increase.
He then reviewed the Capital Improvements Program that the Commission is
recommending to the City Council. He related that the Containment Cell
Cover and the SCADA System should be completed in 2003, which will be
funded from Utility reserves, adding that pump station upgrades would be
completed in 2004. He noted that some of the pump stations are
approaching forty years or older and are in need of complete
rehabilitation. He stated that the East Pump Station handles a
significant portion of wastewater in the east part of Jacksonville and
that the design rate was determined in 1978, pointing out that it is time
for that station to be upgraded. He stated that the West Interceptor is
one of the final remaining elements of the Master Plan adopted by the
Commission in 1980, which would go west from the old West Plant and would
make sewer service more available to that part of the City and eliminate
at least four or five pumping stations. He stated that the Sewer System
Rehabilitation is at an estimated cost of 6.6 million to conclude an
eight-year plan to be completed in 2010. He related that the
rehabilitation work would finish the priority 4 rehabilitation work that
was identified in the study and would complete the anticipated
unidentified work discovered in that pursuit. He stated that
Construction Manager Mr. Bob Williams has prepared maps describing the
proposed work.
He stated that since the Administrative Order of 1974, there were four
successive Orders in 1997 demanding that eighteen activities take place
which have now been completed. He related that the Commission feels that
it has completed the intent of the Administrative Order although the
Order is still active. He related that EPA has not responded to recent
correspondence, but added that it is his personal opinion that without
the proposed Sewer System Rehabilitation Program it would be difficult to
close that Administrative Order. He stated that while EPA is anxious to
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shift the permit from the federal level to the state level, it would not
do so until all elements have been addressed. He added that he feels if
the Commission could present a committed eight year, 6.6 million dollar
program to the EPA regarding their demonstration of good faith effort in
the Administrative Order and along with State cooperation, he feels the
EPA will close the Administrative Order.
He then reviewed six options considered by the Utility to fund the
project. He related that options one through three envisions five equal
annual increases at the first of each year, featuring options of
borrowing and not borrowing money regarding a State Administrated
Revolving Loan Fund program that replaces the construction grants program
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 P.M.
phased out in 1987. He stated that the RLF offers a low interest rate of
3.25% for twenty-years, adding that if borrowing the money is the
Council’s choice the RLF is probably the best option. He stated that the
Commission has also considered a market rate loan, which is approximately
5% and option three being if the Commission did not borrow money. He
stated that it is significant to note that the Utility is debt free,
which is highly unusual and has served to keep the rates down for twenty-
years.
He then stated that options 4 through 6 envision a one-time rate increase
at the beginning of January 2003 lasting through that year period with
the corresponding RLF and market rate loan should that be the option
chosen. He related that none of the options include depreciation, adding
that the Utility has not been able to fund depreciation. He stated that
in the last three to four years they have worked from reserves, adding
that all options would spend down Utility reserves to less than .5
million of their unrestricted reserves.
Alderman Wilson noted information made available during the public
hearing, pointing out that Jacksonville user rates as compared to other
cities close by are much less. He requested comparison figures for other
areas.
Mr. Gattis stated that the rates were compared to 350 State systems in
central Arkansas, and that Jacksonville came in at the 13-percentile
meaning that 87% of the people in Arkansas pay more for 5,000 gallons. He
stated that the high was Little Rock.
In response to a question from Alderman Wilson, Mr. Gattis stated that he
doubts any of the other cities are debt free. He went on to say that
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Benton is in the 57-percentile, Cabot in the 40, Sherwood and North
ndthrd
Little Rock the 32, Maumelle in the 28 and Conway in the 23 with
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Jacksonville in the 13. He stated that the 30 year old Federal Clean
Water Act started at the top and has worked its way down, adding that EPA
has addressed treatment for the most part and is now dealing specifically
with sanitary sewer overflows, saying that it is going to become as
important as treatment ever was. He stated that cities are seeing a
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distinct focus on rehabilitation.
Mayor Swaim noted that funds set aside from the Little Rock Air Force
Base is restricted to an equipment depreciation fund.
Mr. Gattis stated that the fund has .5 million for equipment replacement.
Alderman Stroud commended the Commission for an outstanding job, saying
that there is no question rates will have to increase. He added that it
is the Council’s responsibility to decide if it will be a one-time
increase or five equal incremental increases. He stated that from a
logical standpoint it would make more sense to implement the one-time
increase, but added that from a compassionate standpoint a one-time
increase would most adversely affect senior citizens. He noted limited
public participation regarding the public hearings and stated that he has
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 P.M.
mixed emotions to go either way. He expressed concern that the Utility
as well as now the City is having pull from reserve funds regarding
operations. He complimented the management of the City, but recognized
the need to raise rates. He stated that the City needs to look at
increasing the revenue stream.
Alderman Fletcher stated that the elderly is a growing portion of the
population as Jacksonville becomes more and more of a retirement city. He
pointed out that with recent down turns in the economy and shortfalls in
state government, he feels the general assembly will introduce new taxes.
He stated that given cuts in the Pulaski County budget regarding the
closing of a portion of the jail, it is only a matter of time before
there is an out cry from the public. He stated that in the coming months
there will be a lot of tax issues brought to the people and while it
might be the smart move to pass the one-time increase, he would like to
see that the people most affected by this decision is given the least
pain regarding the increase. He stated that he personally supports the
five equal increment increases.
Alderman Sansing stated that he feels it would be easier for the people
to handle a one-time increase than have an increase every year for five
consecutive years. He stated that the elderly are living longer and in
five years they would be paying more than the single-rate increase. He
stated that the single-rate increase would be less than what it would be
in the fourth and fifth year of the plan.
Alderman Smith stated that while the smart move is option six, he would
agree with Alderman Fletcher. He related that he has mostly heard from
citizens that tell him they would prefer a gradual annual increase even
if it ended with a rate of $23.91 instead of $20.94.
Alderman Ray stated that in speaking with constituents, even lower income
citizens have stated they would rather have a one-time increase instead
of the partial equal incremental increase. He noted the Wastewater
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Commission plan regarding the one-time increase to correct issues and end
the Federal Administration Order to have it turned back over to the State
for greater control.
Alderman Lewis voiced mix emotions. He then pointing out that with the
one-time rate increase the City would save money and at the end of the
five years the citizens would be paying less in rates. He then added
that he also understands that there are citizens on fixed incomes, which
must be taken into consideration.
Alderman Wilson stated that it is important to note that if the one-time
increase were chosen, it would affect apartment owners who would not have
an opportunity to adjust rental rates until the current leases have
expired. He stated that it would place a significant burden on them for a
period of time as opposed to a gradual increase allowing them to adjust
rates accordingly. He stated that there are many citizens that would be
able to deal with a gradual increase better. He commended the efforts of
the Wastewater Commission in keeping rates down and their management of
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 P.M.
the Utility in providing great service compared to other cities. He
stated that creating the Wastewater Commission to handle these matters
was one of the most advantageous decisions made by Council.
Alderman Fletcher related that the point was made that with a gradual
increase, rates would be higher at the end of five years but added that
given inflation he did not feel it would be drastic. He related that as
a conservative, he believes that working people should be allowed to keep
as much of their money as they can. He related that the Council needs to
be sensitive to this issue. He stated that he would not want citizens to
be against other projects such as a separate school district or a
Community college because of an anti-tax sentiment.
Mayor Swaim offered to recognize anyone to speak for or against the
issue, hearing none.
Alderman Wilson moved, seconded by Alderman Smith that Ordinance 1191
featuring Option 3 (gradual 5-year incremental increase) be placed on
FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance
1191.
Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1191 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Wilson, Fletcher, Stroud, and Howard voted AYE. Aldermen Sansing and Ray
voted NAY (2). MOTION CARRIED.
Alderman Howard moved, seconded by Alderman Wilson that Ordinance 1191 be
placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. Alderman Sansing
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voted NAY (1). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1191.
Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1191 be
placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading
of Ordinance 1191.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1191 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Wilson that the EMERGENCY
CLAUSE be APPROVED and ADOPTED. ROLL CALL: Alderman Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. NAY
(0). MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 P.M.
TH
ORDINANCE APPROVED, ADOPTED AND NUMBER 1191 THIS 19 DAY OF DECEMBER
2002.
FIRE DEPARTMENT:
POLICE DEPARTMENT: Request to approve expenditure for Mold Test
Mayor Swaim related that mold was found when the roof at the Police
Department was replaced, adding that for health reasons he recommended
that a test be performed. He stated that a local contractor was able to
perform the testing expeditiously, adding that the statement came back at
$14,130.00. He stated that the contractor was over zealous, performing
more testing than was necessary. He stated that after receiving the
statement the City contacted the Health Department and discovered that
three samples would have been adequate for testing. He related that the
contractor had performed 100 samples for testing. He stated that the
building was re-tested by another contractor charging $1,000.00, who
attested that the building was not dangerous regarding mold. He stated
that while the City owes the bill and will pay it, he would like to
acknowledge that the contractor took advantage of the City in what was
deemed an emergency situation. He recommended that that Council
authorize that the contractor will not be allowed in the future to
perform work for the City. He stated that he claims responsibility for
declaring an emergency regarding employee health factors, and is
recommending that the statement be paid from the Contingency Fund.
Alderman Smith moved, seconded by Alderman Stroud to approve the
expenditure of $14,130.00 from the Contingency Fund for mold testing at
the Police Department. MOTION CARRIED.
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PUBLIC WORKS:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1190 (#20-02)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE,
ARKANSAS, FOR THE PURPOSE OF OBTAINING A TIME SYNCHRONIZATION SYSTEM FOR
THE JACKSONVILLE 911 COMMUNICATIONS CENTER; DECLARING AN EMERGENCY; AND,
FOR OTHER PURPOSES.
Mayor Swaim stated that the estimated cost of the system for the 911
Communications Center is approximately $12,893.00. He related that the
reason for waiving competitive bidding is to remain with the same
contractor that also carries the service contract, adding that the
equipment is compatible with the existing equipment.
Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1190 be
placed on FIRST READING.
In response to a question from Alderman Wilson, City Attorney Bamburg
clarified that the each computer has its own internal time clock and the
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 P.M.
synchronization system would pull the various systems that operate
communication system together. He explained the importance regarding
emergency responses to the Fire, Ambulance, or Police Department
reporting.
ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1190.
Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1190 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Wilson that Ordinance 1190 be
placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1190 be
placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. NAY
(0). MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Wilson that Ordinance 1190 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Alderman Ray, Wilson, Fletcher, Stroud, and Howard voted AYE.
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NAY (0). MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Stroud that the EMERGENCY CLAUSE
be APPROVED and ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Alderman Ray, Wilson, Fletcher, Stroud, and Howard voted AYE.
NAY (0). MOTION CARRIED.
TH
ORDINANCE APPROVED, ADOPTED AND NUMBER 1190 THIS 19 DAY OF DECEMBER
2002.
b. ORDINANCE 1192 (#22-02)
AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2003 MAKING APPROPRIATIONS AND
AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY
GOVERNMENT FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND
SERVICES \[COVERS: GENERAL FUND OPERATIONS, STREET FUND, AND SANITATION
FUND\]; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1192 be
placed on FIRST READING.
Alderman Wilson stated that it is important to note that revenue
shortfalls were funded from the Capital Expenditure Fund, adding that
most cities with less sound financial planning were not able to provide
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 P.M.
for expected shortfalls. He stated that the City of Jacksonville did not
have to lay off employees as was the case in other cities. He commended
the Mayor and Finance Director Mushrush for the outstanding financial
planning that enabled the City to continue uninterrupted service. He
stated that long-term revenue sources will need to become the future
focus following results from pending court cases.
Mayor Swaim stated that set aside monies for Capital Improvement has
never been used in the past regarding a balanced budget, but added that
the City is very fortunate to have those monies when many other cities
were not able to meet the shortfalls. He stated that investigating areas
of funding for the 2004 budget has already begun. He stated that it is
hoped that the Supreme Court will rule in favor of the cities regarding
the Use Tax, which would provide approximately $500,000 annually for the
City budget.
Alderman Ray noted that through sound planning the City was able to
provide for the shortfall, pointing out that prior to the present
administration that would not have been the case. He commended the
budget preparation.
In response to a question from Alderman Smith, City Attorney Bamburg
related that there is not an expected date regarding the ruling,
explaining that the appeal on behalf of the cities, County and the State
was filed last week. He stated that the court records will be prepared
for the Supreme Court, pointing out that the normal time period is 90
10
days followed by a briefing schedule issued by both sides. He stated
that the various entities have agreed to present one united brief to the
Supreme Court. He related that he anticipates a minimum of six months to
one year.
Alderman Fletcher stated that the City has always been commended in the
annual audit for it foresight in financial planning and that the
shortfalls experience by cities in the State this year has brought the
City of Jacksonville’s exemplary financial planning into sharp focus.
ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1192.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1192 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Lewis moved, seconded by Alderman Howard that Ordinance 1192 be
placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1192.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 P.M.
Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1192 be
placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading
of Ordinance 1192.
Alderman Elliott moved, seconded by Alderman Lewis that Ordinance 1192 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Alderman Ray, Wilson, Fletcher, Stroud, and Howard voted AYE.
NAY (0). MOTION CARRIED.
Alderman Elliott moved, seconded by Alderman Smith that the EMERGENCY
CLAUSE be APPROVED and ADOPTED. ROLL CALL: Alderman Elliott, Smith,
Lewis, Sansing, Alderman Ray, Wilson, Fletcher, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED.
TH
ORDINANCE APPROVED, ADOPTED AND NUMBER 1192 THIS 19 DAY OF DECEMBER
2002.
OVERPASS UPDATE:
Mayor Swaim related that the concrete pour for the bridge is completed
along with two layers of asphalt. He stated that the abutment areas will
follow, adding that the sidewalks have been completed and the pouring of
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the concrete walls has begun for the steel railings. He stated that the
projected completion date is during the first quarter depending on
weather. He stated that the street is now open to Second Street.
Discussion ensued regarding the closing of the Graham Road crossing,
Mayor Swaim related that in the preliminary planning stages it was
proposed for closing and would be done on a temporary basis to determine
factors regarding an emergency situation. He related that the Railroad
had requested a permanent closing and the City proposed to construct
concrete barriers for a length of time to determine the affect of the
overpass regarding the crossing. He stated that there is an option to go
back and open the crossing if it is determined necessary.
Alderman Sansing related that from the beginning he has opposed the
permanent closing of the Graham Road crossing.
Mayor Swaim related that the Railroad has advocated the closing regarding
safety factors, saying that the hope is that drivers will prefer to take
the overpass rather than wait for a train. He stated that the closing
would be monitored regarding inconvenience.
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ANNOUNCEMENT: City Hall will be closed December 24 and 25 for
Christmas Holidays.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. – 8:08 P.M.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 8:08
p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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