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02 NOV 21.doc 0CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 21, 2002 7:00 P.M. – 7:55 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 21, 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, 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, Director of Administration Murice Green, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Public Works Director Jim Oakley, Finance Director Paul Mushrush, Police Chief Ruthven, Fire Chief Vanderhoof, Planning Commission Chairman Art Brannen, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Helen Stroud, Mrs. Lindy Lewis, Chamber of Commerce Director Bonita Rownd, Mr. Tommy Lassiter, Mr. Barry Williams, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of November 7, 2002 for approval and/or correction at the next Regularly Scheduled City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Stroud that the minutes of the Regular City Council Meeting of 17 October 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for October 2002 from the Jacksonville Fire Department, which reflects a fire loss of $35,250, and a savings total of $105,000. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for October 2002. Said report reflects the Total Value of Reported Stolen Property $77,908. Total Value of Recovered Stolen Property $31,258 and Total Report Sales $456.00. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. Motion received (9), NAY (0). MOTION CARRIED. Chief Ruthven and the City Council wished Chief Vanderhoof a Happy Birthday. Chief Vanderhoof addressed the City Council, relating that the U.S. Fire 1 Administration Fire Grant Act had 360 million dollar to award throughout the United States, adding that 19,500 fire departments applied. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 21, 2002 7:00 P.M. – 7:55 P.M. He related that he was notified by Senators Vic Snyder and Blanche Lincoln that the Jacksonville Fire Department would receive a grant for $29,948.00 to be applied with the City’s matching 10% for $33,275.00. Mayor Swaim noted that the grant funds would be used to purchase SCBA breathing apparatus. He then noted the opportunity for the Police and Fire Department to apply for grants when the Home Land Security Program is setup. He then recognized Chief Ruthven to address the City Council. Chief Ruthven noted media coverage regarding crime problems in Jacksonville. He stated that the Police Department’s Public Information Officer has addressed Channel 11’s coverage and pointed out that the increase in certain crimes has been addressed with two proactive special efforts of a selected Anti-Crime Shift. He related that that the Police Department is working diligently to address increased crime and reported that in the last two weeks there have been fourteen arrest regarding burglary. He stated that the special Anti-Crime Shift is responsible for four arrests, the Cops Officers and regular Patrol Officers made the remaining arrest. He added that of those arrests, six were made based on citizen input. He pointed out that it is a good example of Community Policing, and noted a neon flyer being distributed regarding awareness of property crimes including a hot line number to report tips. Chief Ruthven extended an invitation to the City Council regarding a promotion ceremony tomorrow at the Police Department beginning at 11:30 a.m., followed by their Annual Thanksgiving Dinner. Chief Ruthven addressed page twelve of the consent agenda, regarding promotions and realignments in the Police Department and noted that Detective Bredenberg’s promotion date has been changed from 11-24-02 to 1-6-03. He then addressed the status of the newly purchased bomb dog, stating that the canine and his handler will be bonding this week before beginning two weeks of training. He stated that the training should be th completed by January 20. He related that Tuesday, eleven officers graduated the Auxiliary Course. He stated that they completed a 102-hour training course and will now begin a 125-hour on the job-training course to be fully certified as Auxiliary Officers assisting regular Officers. He pointed out that the Auxiliary Coordinator is retired Officer Ken Bouillon. He noted the inclusion in the City Council packets of material regarding bomb detection techniques from the Department of the Treasury, asking that it be shared with businesses owners who might receive large mailings. 2 Chief Ruthven presented the City Council with 2003 Day Planners from the Police Department and then presented Mayor Swaim with his Chief Recognition Coin for support he and the Police Department has received from Mayor Swaim. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 21, 2002 7:00 P.M. – 7:55 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: PUBLIC WORKS: PARKS & RECREATION: PLANNING COMMISSION: a. FINAL PLAT Collenwood Subdivision PH IV Mayor Swaim related that the item of business has been removed from the agenda. Comments regarding the Final Plat of Collenwood Subdivision PH IV can be found under the following item b. b. FINAL PLAT Jacksonville Plaza Addition Mayor Swaim related that the Planning Commission has approved the Final Plat regarding the Jacksonville Plaza Addition. In response to a question posed by Alderman Fletcher, Mayor Swaim related that the Final Plat for Collenwood has been removed from the agenda because the developer was not completely finished. City Engineer Whisker addressed questions regarding Collenwood Phase IV, saying that the developer has remaining work on the back portion and lake area. He stated that while the area is not a part of phase IV, it is the last phase of the subdivision and the last opportunity for the Planning Commission to ensure that the area is completed. Alderman Fletcher mentioned the developer escrowing monies to ensure completion and aid in a timely approval for building to begin in Phase IV. City Engineer Whisker related that the uncompleted area is missing part of the concrete flume that leads from the southeast area and a pipe in the southwest corner of the property. Mayor Swaim noted that the City Council does not have an opportunity to address the item until it is recommended forward from the Planning Commission. Alderman Ray moved, seconded by Alderman Wilson to approve the Final Plat of Jacksonville Plaza Addition. A correction to the Final Plat of Jacksonville Plaza Addition regarding the spelling of John Harden was noted; City Engineer Whisker related that the spelling would be corrected prior to the plat being signed by the Planning Commission Chairman. 3 At this time, MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 21, 2002 7:00 P.M. – 7:55 P.M. GENERAL: a. DISCUSSION 2003 BUDGET Mayor Swaim related that cities are experiencing problems meeting their commitments this year. He stated that while everyone is grateful that the removal of food tax did not pass, cities are still addressing revenue declines from the City Sales Tax, which is projected below 2002. He then pointed out that franchise fees are lower due in part to increased cell phone usage for long distance and that the State Turnback Tax is lower. He noted that the City has lost approximately $450,000 annually regarding the Use Tax and that it is hoped the issue can be resolved in the next six months by the Supreme Court and cities can regain those funds. He stated that it is not guaranteed, so those funds cannot be budgeted. He related that the budget is approximately 1.5 million out of balance. He then pointed out that commitments to move employees up in salary range were to be completed this year, adding that he feels part of that commitment needs to be met. He related that other problems have come as a result of increased insurance premiums, adding that the health insurance rate increase added $97,000 to the 2003 budget. He stated that the City is in the second lowest class structure within the insurance provider organization, because the City is costing more in claims than it is paying in premiums, which makes it difficult to go to another insurance company and request coverage. He related that in the last six months premiums were $829,000 while losses were 1.1 million. He stated that the City could not expect a lower rate when more is being spent on claims. He stated that the City is working on a wellness program to help ensure that premiums are held to a minimum, adding that part of the problem is that healthcare costs are accelerating at an alarming rate, making it difficult to hold down the cost of insurance. He stated that medical doctors and hospitals are also struggling with the problems this has created for the medical industry. He requested guidance regarding the increase, saying that the City’s healthcare insurance went up $40.00 per family plan monthly. He related that the premium would be $590.00 monthly, pointing out that traditionally the City has assumed all increases. He questioned if it is time to decide if part of the increase should be passed to the employees. He related that another saving opportunity is the $80,000 annual premium, offering separate dental coverage. He explained that the City has maintained a separate dental plan through another company to ensure a better class rating regarding the healthcare premiums even after Municipal League Health Benefit Fund began to offer dental with their medical. He stated that the benefit coverage would change slightly. He pointed out that now the City has moved into the next class it would probably be wise to cancel the separate dental policy. He stated that the budget would be balanced, adding that there are still two departments to review regarding cuts that could possibly cover a portion of the short fall. He related that they 4 have always been very careful not to over budget, but still assure that the City will be able to meet its commitments. Alderman Wilson question if there are options offered to cities regarding the deductibles and co pays with Municipal League that might provide an opportunity to lower rates by raising co pays or deductibles. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 21, 2002 7:00 P.M. – 7:55 P.M. Mayor Swaim related that Municipal League had determined that it was better for the plan and the participating cities to have one premium and one deductible. In response to a question posed by Alderman Wilson, Mayor Swaim related that the increase will cost the City $97,000. Alderman Wilson related that the situation is one where the City has to weigh the reduction of benefits to its citizens if the increase is absorbed or raise the participating cost to employees. He stated that neither of those options is very good. He suggested that a spreadsheet be prepared that shows current employee contributions, the increase, and what percentage the City is paying. He suggested a separate budget meeting to consider that information. Mayor Swaim related that the increased costs per family plan is $40.00 monthly which constitutes the $97,000 increase being passed to the City at the present time. He added that currently an employee with a family plan pays $59.50 monthly, adding that the City pays the rest, which is approximately 70% plus of the total premium. He noted that the City pays the entire premium to cover an individual policy. Alderman Ray suggested that recommendations be brought back for consideration at a separate budget meeting. He noted individual cost increase in the private sector, saying that healthcare cost have risen as much as 30 to 40%. He stated that while it is regrettable to have to pass some of the increase onto the employee, at some point it has to happen. Mayor Swaim stated that given the rising numbers in healthcare cost, he was pleased that the City’s increase is less than 10%. Alderman Smith stated that given the circumstances surrounding the additional dental policy and the possible $80,000 savings, the City might need to cancel the separate policy. Mayor Swaim agreed that would be the assumption. He related that under the additional plan there are two free cleaning annually while under the Municipal League plan the employee would pay 10% of that cost after their deductible is met. He answered that the deductible is $200.00 annually. 5 Discussion ensued and Mr. Mushrush clarified that the deductible is the medical deductible not a separate deductible for dental. Mayor Swaim explained that the main difference is that the health plan comes with dental coverage that does not cost extra, clarifying that it is built into the premium price. He noted that the City has the month of December to finish the budget, but wanted to present considerations tonight. He stated that a balanced budget would be returned to the City Council to consider any changes. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 21, 2002 7:00 P.M. – 7:55 P.M. Alderman Elliott mentioned the possibility of a separate budget meeting between the first and second meeting in December. Mayor Swaim agreed, adding that they can move toward balancing the budget and bring it back for consideration. His recommendation was agreeable to the City Council. b. DISCUSSION SIGN ORDINANCE AMENDMENTS Alderman Stroud read from a prepared statement. “The City is known by its appearance and first appearances are hard to shake, arguably the three greatest factors affecting the appearance of a City are cleanliness, landscaping and signage. This City Council has already addressed cleanliness with the clean-up ordinance and although some improvements been noted, our Code Enforcement office deserves a lot of praise, but frankly we still have a long way to go. The Planning Commission has been working diligently on a green ordinance over the past six months and it will go long way toward addressing deplorable landscaping conditions or the lack there of for business’ in our City, the proposed ordinance should be ready to submit to the City Council in the next 30 to 60 days. One thing that the City has not addressed in a long time is the sign ordinance and I feel that if you drive around town you would know what I am taking about. Signage in our City has gotten out of hand; it is not uncommon to find four, six, eight or sometimes nine signs in front of a business. Portable signs are ugly and personally I feel that they need to be banned, not only are they out of tolerance according to the present ordinance, but they look terrible. Personally I would also support a moratorium on all billboards, but that is up for the City Council to decide. I suggest that it is high time to update the Jacksonville Sign Ordinance, it is hard to enforce and is in fact practically impossible as presently written. It is going to be hard because all businesses are not the same and all requirements are not the same, and this needs to be fair. We have to do something about signage in the City, so I would recommend that we have a committee to start work on this and report back to the City Council within 60 to 90 days”. Mayor Swaim suggested that the committee have a relatively fair number of business people regarding their input. 6 Alderman Smith volunteered to serve. Alderman Sansing volunteered if the committee can meet in the evenings. Alderman Ray suggested that five community business owners serve. Mayor Swaim noted Aldermen Smith, Sansing, and Stroud as volunteers from the City Council and asked that Planning Commission Chairman Brannen appoint two members from the Planning Commission. He noted that with five businesses that would make a ten-member committee. City Engineer Whisker was appointed as the eleventh member. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 21, 2002 7:00 P.M. – 7:55 P.M. ANNOUNCEMENT: Mayor Swaim offered executive summaries regarding the feasibility study concerning school districts. He noted that in 1978 the City Council funded the study at that time, but added that someone who donated the money paid the present feasibility study. He pointed out that there are a lot of steps that have to be accomplished after the study is presented. He related that Mr. Greg Bollen is the Committee Chairman and encouraged the City Council to attend future public hearings and participate anyway they can. Alderman Howard announced that a meeting would be held Monday night at Wastewater Utility at 7:00 p.m. regarding the rate study presentation. He encouraged as many people to attend as possible. th It was noted that December 12 the Senior Center would be hosting a special function and that it would not be a good night for a separate budget meeting. Mayor Swaim then related that much of the information regarding the survey has been entered, and that he has the preliminary information back from that. He stated that because there were so many written comments it would take a little longer to categorize that information. He stated that one item that was brought up a significant number of times was the sale of alcohol in restaurants and comments regarding a separate school district. He noted that Barbara Daniel has done a great job and noted employees who volunteered to help enter the data. He then personally thanked the community for their response in the survey. In response to a question posed by Alderman Fletcher regarding a request for future additional funds for the County Jail, Mayor Swaim stated that presently the City will be budgeting the same amount as previously. He stated that rather than ask for additional funds, the Sheriffs Department has chosen to make drastic cuts. He pointed out that every Department in Pulaski County has been asked to cut 20% from their last year’s budget. He noted that Director of Administration Murice Green and Police Chief Ruthven have attended some of the meetings and may have additional input. 7 Chief Ruthven related that the basic changes are an 80-day bed reduction as of December 1, and another 80-day bed reduction as of 1 January for a total of 160 bed reductions. He added that Pulaski County would also close their north side booking facility. He stated that those three actions would eliminate 23 staffing positions. He related that they have agreed to continue to transport as they always have, but added that there will be more jail closures for longer durations because of the lack of bed space. He related that Jacksonville would be holding prisoners longer, which may cause an increase in costs. He added that since prisoners cannot be held over 24-hours they would have to let them go with the cooperation of the Prosecutors Office and the Judge although they should have and it would be preferred that prisoners have been transported and incarcerated in the County Jail. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 21, 2002 7:00 P.M. – 7:55 P.M. Mayor Swaim stated that since the City is not qualified to hold prisoners long term, offenders that commit petty crimes would be released. Chief Ruthven related that the County Judges would meet to determine what crimes are given priority, adding that the bottom line would be that they would not accept a nonviolent crime prisoner. He stated that there is a lot of nonviolent crime in Jacksonville that is currently moved to the County Jail; in many cases it involves unpaid fines. He stated that if there were no recourse, fines would go forever unpaid. He reiterated that the impact to Jacksonville would be that prisoners will be held longer, and released when they should not be. He stated that ultimately some nonviolent criminals are not going to be incarcerated and will be back on the streets in a matter of hours. Alderman Fletcher expressed concerns that petty crime offenders would graduate to serious crimes. He questioned the situation regarding a bottleneck in the State correction system. Chief Ruthven responded that the Sheriff had announced that they have 220 prisoners that should be in the State correctional facilities and 80 to 100 mental health patients that should be in mental health facilities that are being held. Mayor Swaim related that even though there had been great debate in the last legislative session to elevate the problem, the State has not offered any relief. He pointed out that the crime rate decreased in Pulaski County when the new Jail facility opened, but added that it filled quickly. He related that County Officials firmly believe that the Jail should be County-wide funded, adding that Jacksonville is paying it’s fair share. He related that he has offered to pay per prisoner per day, if that were needed for the County. He stated that there needs to be a permanent funding mechanism such as was proposed in the last General Election that unfortunately the public choose not to support. He pointed out that unless there is a permanent O & M funding, the County will 8 suffer these problems indefinitely. Alderman Fletcher related the need for a collaborated effort from the Governor, Mayors, and County Judges to work together to solve this problem. Discussion ensued regarding the various tax proposals on the General Election ballot. Alderman Wilson suggested that efforts be made to visit with the newly elected representatives in the State legislature to inform them of how these problems affect the community they represent. Mayor Swaim related that he has spoken with Sandra Prater who is very much aware of the problem. He related that with Mrs. Prater having been on the Quorum Court she has dealt with the problem for many years, adding that he will plan to visit with Representative Bond and Senator Capps. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 21, 2002 7:00 P.M. – 7:55 P.M. In response to a question posed by Alderman Howard, Mayor Swaim related that the overpass is open to Second Street for a right or left turn. He projected that the first quarter of next year is the earliest opening date. He related goals regarding the bridge for concrete pouring before Thanksgiving, adding that they are not going to make that date but are getting close. He related concern from area business regarding the length of time. He stated that unfortunately the City has no control over the contract time, pointing out that it is a State Hwy bid and that the contractor is well within his time frame and has considerable time left. He stated that he has visited numerous times with the State Department in an effort to have Second Street opened, which would for the most part open all businesses to through traffic going Second Street back to Hwy 161. Chief Ruthven mentioned concerns regarding continue traffic going the wrong way on Oak and Elm Streets. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:55 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 9 10