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02 NOV 07.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2002 7:00 P.M. – 7:45 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 November 7, 2002 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Twitty arrived at approximately 7:16 p.m. Alderman Sansing was absent. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Teresa Carter, Director of Administration Murice Green, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Finance Director Paul Mushrush, CDBG Director Theresa Watson, Police Chief Ruthven, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Justice of the Peace Dennis Sobba, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Lindy Lewis, Mrs. Glenda Fletcher, Mr. Ben Rice, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of October 17, 2002 for approval and/or correction at the next Regularly Scheduled City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Elliott moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of 3 October 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Howard moved, seconded by Alderman Wilson to approve the Regular Monthly Report for October 2002. Said report reflects: ADOPTION/FINES: $827.00 CONTRIBUTIONS: $ 0.00 TOTAL: $827.00 REGULAR MONTHLY REPORT/ENGINEERING Alderman Howard moved, seconded by Alderman Wilson to approve the Regular Monthly Report for October 2002. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 22 Building Inspections 35 Business License 9 HVACR 34 Electrical 74 Plumbing 66 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2002 7:00 P.M. – 7:45 P.M. UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 41 Notice of Noncompliance 23 Property Mowed 10 Towed 2 Trash Letters 32 Trash Removal 0 CONDEMNATIONS Cost for Sept. $667.00 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 3 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Stroud and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. Request to Approve Change Order/HDPE pipe for Madden Road City Engineer Whisker related that there had been a typographical error in the plans, saying that the specs had stipulated 150 feet of pipe instead of 1,450 feet. He stated that he is requesting a change order regarding 1,290 feet of pipe at a unit price of $15.00/ft. for a total of $19,350.00. In response to a question from Alderman Wilson, City Engineer Whisker related that the total cost of the project is approximately $197,000.00. Alderman Ray moved, seconded by Alderman Stroud to approve the requested change order of Madden Road Project with funds to be drawn from the Capital Improvement Fund. MOTION CARRIED. b. CDBG Annual Update 2003 Community Development Director Theresa Watson noted the addition of proposed projects for 2003 not included in the report, amending the total budget for 2003 regarding funding to be received in the amount of $340,000.00. She noted the project costs for 2003 and projects for 2004 pending a study for funding. Mayor Swaim pointed out that projects of public interest that did not make the funding list were deemed ineligible and were not able to be included in the proposed projects for 2003. CDBG Director Watson related that public comment project suggestions are listed on page fourteen, pointing out that HUD has determined that some 2 of the suggested projects were not eligible for CDBG funding. She mentioned issues of speed bumps and signs addressed the previous year. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2002 7:00 P.M. – 7:45 P.M. Alderman Wilson questioned plans regarding infrastructure improvements scheduled for Second and Mulberry Streets. Director Watson answered that the project was scheduled to receive sidewalks, curbs, and gutters. Mayor Swaim noted that the Street Department would handle the required asphalt and drainage work. In response to a question from Alderman Ray, Director Watson related that the AirPark Museum would not qualify for CDBG funding. Alderman Ray moved seconded by Alderman Stroud to approve the 2003 Consolidated Plan for CDBG. MOTION CARRIED. c. DISCUSSION regarding Building and Contents Insurance Finance Director Paul Mushrush stated that historically the City has had enjoyed relatively low premiums regarding building and contents insurance. He stated that there have been a number of events that have created a major change in insurance premiums. He pointed out the events of 9-11, saying that governments are now viewed as a higher risk. Secondly he pointed out multiple lightening strikes at the 911 Communications Center with an anticipated repair cost under insurance of $60,000 and hail damage to the Police Department roof at a repair cost with insurance of $18,000 for a total of $78,233. He then noted that the insurance premium for the year was $27,500. He related that as a prudent measure the City has always insured all buildings at replacement costs, noting that the City would be hard pressed to replace a building otherwise. He also related that he had the carrier reevaluate the buildings and consequently, cost values rose slightly. He stated that another change in risk management is our growing network, which now includes the Police Department with its own virtual network included as a separate writer. He stated that given all factors, the change in the insurance premium has risen approximately 70% to $47,000. He pointed out that the deductible has also risen as a direct result of damage at the Communications Center and the Police Department. He related that he and the Mayor Swaim have discussed possibilities regarding levels of self- insurance. He pointed out that the City has $150,000 reserved for uninsured issues, which could be used regarding the possibility of self- insurance at higher levels. In response to a question posed by Alderman Elliott, Finance Director Mushrush stated that he has a list of insured values regarding all facilities. He said that he has an inventory of the buildings and all insurable contents that can be readily identified in the case of a loss. He stated that the total amount insurable is approximately 26 million dollars for both building and contents. 3 Discussion ensued regarding two separate lightening strikes at the 911 facility. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2002 7:00 P.M. – 7:45 P.M. Director of Administration Murice Green addressed preventive measures issues regarding the 911 facility, saying that Grace Communications and an independent consultant evaluated the situation immediately following the lightening strike. He stated that a 40-page report was submitted regarding grounding and equipment recommendations. He stated that the recommendations are being worked for implementation. Discussion then ensued regarding grounding measures provided by the company that originally installed the equipment. Mayor Swaim related that part of the situation occurred when computers were installed in Police cars, explaining that a separate antenna was wired directly into the facility. He noted that the last most serious lightening strike happened as a result of that, and that it was not part of the original equipment setup. He related that since that time, the antenna is no longer used, thus eliminating that as a liability. Mr. Green related that better ways to address grounding issues have been developed. Mayor Swaim clarified that the reserve insurance fund was built over many years to address deductible issues regarding a major event. He stated that a portion of those funds is still needed for that purpose. He related that Mr. Mushrush has investigated higher deductible policies of $1,000.00, which would lower premiums. He asked that the Council grant a six-month extension of the policy to evaluate different insurance avenues including self-insurance through a reinsurance company. Director Mushrush stated that after analyzing the market it could take longer than six months, adding that in evaluating fourteen separate markets, six declined to insure. In response to a question from Alderman Fletcher, Mayor Swaim related that Municipal League and Metroplan do offer causality insurance, but pointed out that Municipal League will only insure for the depreciated value and that Metroplan requires that a city also insure its vehicles with them. He pointed out that Municipal League insures the City’s vehicles for $100.00 annually per vehicle, depending on losses. He expressed concern for insuring buildings and contents for only the depreciated value. Director Mushrush pointed out that that replacement costs for City Hall would be 2.7 million and that the building was originally constructed for 1.7 million. 4 Alderman Ray noted difficulties in the private sector regarding a large company’s ability to obtain adequate insurance. Mayor Swaim explained that during the 9-11 events, insurance companies lost a tremendous amount of money, but added that Jacksonville and other cities in the area also experience a significant ice storm that furthered insurance difficulties. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2002 7:00 P.M. – 7:45 P.M. Discussion ensued regarding the possibility of establishing a fund to help offset deductible costs regarding a depreciated value insurance policy. Alderman Stroud moved, seconded by Alderman Lewis to extend the building and contents insurance for up to one year to allow for proper evaluation of insurance options. MOTION CARRIED. AMENDMENT THREE th Mayor Swaim related that Amendment Three did not pass in the November 5 General Election, but added that unfortunately the use tax lawsuit is still ongoing. He stated that the lawsuit means that approximately $400,000 will be lost from the budget for 2003. He then mentioned that with economy changes the sales tax has not increased. He stated that the budget process has begun and is being worked to provide the same services offered in the past. ANNOUNCEMENT(S): Mayor Swaim announced that a public meeting regarding Wastewater rates November 18, 2002 at 7:00 p.m. at the Community Center, adding that a second meeting will be held November 25, 2002 at 7:00 p.m. at the Wastewater Utility on Cloverdale Road. Mayor Swaim noted and commended efforts by Justice of the Peace Dennis Sobba regarding the recent election. He stated that Mr. Sobba was re- elected to another two-year term, adding that Alderman Lewis was also successful in his race. Mayor Swaim then announced that the Arkansas Historical Preservation, a program of the Arkansas Heritage State Review Board has referred the Reed’s Bridge Battlefield to the National Registry. He stated that if accepted the site would be listed as a Civil War site in the National Registry. He recognized the efforts of Tommy Dupree, Jack Danielson, and other members of the Reed’s Bridge Battlefield, congratulating them for their achievement. He noted that in the next few years Reed’s Bridge could develop into a significant tourist attraction for the City. He noted that the write-up presented to the Review Board recognized the Reed’s Bridge Battlefield as one of the best-preserved sites within the Little Rock Battle. He related that because of the floodway in the Bayou Meto area, a lot of the property has been left undisturbed. Alderman Stroud announced that there would be a combined meeting of the 5 Reed’s Bridge Battlefield and the Historical Society, Tuesday 12:00 p.m. at the Chamber of Commerce. Mayor Swaim asked that Council members planning to attend the fall conference of the Municipal League contact Bertha Tipton by Friday. th City Hall will be closed Monday November 11 for Veterans Day. Monday’s Garbage route will be picked up on Tuesday. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2002 7:00 P.M. – 7:45 P.M. Alderman Wilson provided a copy of written comment regarding the rezoning at the corner of General Samuels and Harris Road addressed at the previous City Council meeting. He asked that Council members contact him regarding comment or questions. A copy is on file in the Office of the City Clerk. Alderman Lewis provided a letter from the Care Channel regarding problems with unusable items being dumped outside the Care Channel building. He asked that the Council consider an ordinance to allow Police the authority to help address the situation. City Attorney Bamburg related that the City has an ordinance that addresses illegal dumping. He stated that a Police Officer would not be able to make an arrest unless they observed the dumping taking place. He related that the property owners who have witnessed the dumping would have to go through the steps of having a warrant issued for the violator. He noted that most of the dumping is occurring after hours of operation when no one is on site to witness the dumping. He suggested that the surrounding neighbors could help greatly by identifying individuals the seen dumping to secure a warrant. Mayor Swaim related that the City has worked with the Care Channel to pick up items dumped outside the building. Mr. Green stated that he has talked with the Care Channel and the owner of the old Salvation Army regarding unwanted dumping. He related that the City put up “no dumping type signs and have picked up items several times. He stated that he made an agreement last week with the Care Channel that if items were dumped off and left at the door which cannot go into their normal dumpster, the City would go by once a month or more to pick up excess large items such as a mattress if abandoned. He suggested that signs be display outlining the hours for drop off, adding that if anyone is witnessed dropping items off outside of those hours they can be cited. Justice of the Peace Dennis Sobba addressed the City Council saying that he has sponsored an ordinance to fund $25,000 for a grand jury to look into the County Clerk’s Office and the Election Commission. He related 6 that at the beginning of October he had also sponsored an ordinance to do a performance audit of the County Clerk’s Office and the Election Commission. He then related that a committee has been formed that will be investigate what can be done to assist these two units working together more closely. He related that he also sponsored Mike Wilson and Linda Napper to work the committee. He stated that he felt sure there would be some contested races from the Election. He then thanked members of the Council and audience for their support in his recent campaign for Justice of the Peace. Mayor Swaim asked the Chief to address the City Council regarding his certification. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2002 7:00 P.M. – 7:45 P.M. Chief Ruthven related that recently he had submitted a packet of training records from his career in Federal Law Enforcement to the State Minimum Standards Office requesting that they review and determine what could be certified under State qualifications. He stated that the minimum number of hours for attending the basic Law Enforcement Officer Course is 440. He stated that after reviewing his records they have credited him with 2,149 with more to come. He stated that basically at the end of his one year point and following completion of a 40 hour refresher course focusing on Arkansas Law, which he will attend in February he will be credited as a Senior Police Officer of the highest accreditation possible. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:45 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 7 8