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02 SEPT 05.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2002 7:00 P.M. – 8:04 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 September 5, 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, Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9, ABSENT (1). Alderman Twitty arrived at approximately 7:05 p.m. 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, Public Works Director Jimmy Oakley, Finance Director Paul Mushrush, CDBG Director Theresa Watson, Finance Accountant Cheryl Erkel, Purchasing Agent C.J. Brown, Accounts Receivable Clerk Niki Wilmouth, Police Chief Ruthven, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Mrs. Judy Swaim, Mrs. DeAnna Carpenter and Miss Emma Carpenter, Mrs. Lindy Lewis, Chamber of Commerce Director Bonita Rownd, Mr. George Wheatley, Mr. Jim Dunbar, Mrs. Addie Gibson, 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 August 15, 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 Howard that the minutes of the Regular City Council Meeting of 1 August 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Regular Monthly Report/Engineering Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular Monthly Report for Alderman Lewis to approve the Regular Monthly Report for July and August 2002. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 14 Building Inspections 52 Business License 18 HVACR 25 Electrical 49 Plumbing 57 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 111 Notice of Noncompliance 10 Property Mowed 21 Towed 1 Trash Letters 36 Trash Removal 0 1 Cost for July $793.00 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2002 7:00 P.M. – 8:04 P.M. CONDEMNATIONS Structural Maint. letters 7 Structural Repairs Made 1 Demolitions 0 August 2002 PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 20 Building Inspections 55 Business License 6 HVACR 31 Electrical 51 Plumbing 47 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 234 Notice of Noncompliance 19 Property Mowed 11 Towed 1 Trash Letters 46 Trash Removal 0 Cost for August $424.00 CONDEMNATIONS Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 Alderman Stroud complimented Chief Ruthven and the Police Department regarding the Officers that took extra measures to secure a burglarized house. He stated that he overheard two citizens talking and asked them about it. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard, voted AYE. Motion received (10), NAY (0). MOTION CARRIED. Mayor Swaim recognized Chief Ruthven to address Council regarding a request to provide information on traffic locations in the City. Chief Ruthven presented data regarding the 2001 top 10 accident intersections and noted that the intersection at T.P. White/North First had the most with 29 accidents. He related that there was a total of 644 accidents in 2001 with 156 occurring at the following intersections: T.P. White & North First 29 John Harden & North First 12 Main & James 20 Vandenburg & North First 10 Trickey & North First 17 Main & Redmond Road 10 Main & School 17 Main & Sharp 10 Main & Marshall 16 John Harden & Vandenburg 15 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2002 7:00 P.M. – 8:04 P.M. He related that in the first seven months of 2002 there were 104 accidents at the Top 10 intersections, which is an increase of 12% from 2001. He related that the yearly total is at 361, noting that August totals are not included. John Harden & Vandenburg 17 Main & Sharp 17 Loop Road & North First 13 T.P. White & North First 12 John Harden & North First 9 Main & Marshall 9 Trickey Lane & North First 8 Main & James 7 Loop Road & Graham Road 6 General Samuels & Marshall 6 He then provided information regarding the COP Section Report and noted School Resource Officers and COP Officers activities. He pointed out that there were 109 SRO contacts and 159 by the COP Officers. He mentioned that the Officers had attended the Cop Advisory Council meeting th on August 29, adding that all members were present with the exception of the Prosecuting Attorney. He related that the first meeting went well and was very informative. He then presented data regarding the Weapon Qualifications and Essential Function Test (E.F.T.) results. He stated that in the Weapon Qualifications Test Officers fire 50 rounds from a distance of 3 yards to a maximum of 25 yards from the target, supported (two-hands) and non- supported of strong and weak hand. He stated that the Weapon Qualifications are timed for 6 rounds for 15 seconds. He related that with 50 rounds and 10 shoots in the bulls-eye the highest possible score is 500, and that qualification score is 350. He pointed out that the Department averaged 422 across the board with high score being 472 and the low score at 355. He stated that of the 67 filled positions in the Department, 64 Officers qualified with 2 requiring more than one attempt and 3 Officers who did not because they were not available for testing. He went on to point out that the Central Functions Test is a test requiring the Officers to climb stairs, go through a window, jump, scale a wall, jump a ditch, crawl through a culvert, then shoot 6 rounds from various distances from a barricade and carry a 125 pound dummy to finish in 3 minutes. He stated that the Department averaged 2 minutes and 7 seconds and that the maximum number of shooting hits was 6, pointing out that an Officer must hit 4 to pass. He related that a few Officers had to do a multiple of times, adding that generally the reason they do not pass the first time is the weapons shooting portion of the test. He stated that of the 64 Officers tested, 63 passed. He stated that one Officer failed who was not able to get over the wall, but will make another attempt at a later date. He stated that the Police Department will be conducting this type of testing twice annually as part of their training program. Alderman Elliott complimented Chief Ruthven regarding the first meeting of the COPS Advisory Council, adding that he thought it went well and 3 believes there will be a direct benefit to the City. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2002 7:00 P.M. – 8:04 P.M. Alderman Wilson noted that it is very interesting that the fourth highest accident intersection in 2001 has not shown up in the top 10 list for rd 2002 and that the 3 highest accident intersection of 2002 was not on the 2001 top 10 list. He questioned if there had been any change in traffic signalization or routing. Chief Ruthven acknowledged, saying that from what he could determine there had not been any change at any of the intersections, he offered that either drivers are less familiar or more familiar with the intersections, depending if they are a resident or not. He then presented for Council to view as part of morale issues, watches with logos that Officers are able to purchase and a Chief’s Recognition Coin that will be presented to Officers that go above and beyond the call of duty in the service to the City. Alderman Fletcher stated that not all accidents regarding the intersection of John Harden & Vandenburg can be attributed to Wal-Mart, because Wal-Mart has been there over a year. He offered that tempers can become very short as drivers sit through a light and finally they proceed even if the light is red. Chief Ruthven agreed, and City Engineer Whisker addressed the issue. He stated that a driver hit the traffic box 6 months ago and the City has been working since that time to convert that from a two traffic box intersection to one traffic box intersection. He explained that this would allow one box to operates both signals at T.P White and John Harden. He related that the wiring for the box has been completed and they have received permission from AHTD, adding that the next step is to pull wire. Mayor Swaim related that the intersection has been a problem, adding that recommendations from signal personnel Sid Gray was proposed by City Engineer Whisker to the Highway Department and accepted. He noted that the intersection belongs to the Arkansas Highway Department, but they are willing to accept the recommendation if the City will pay for improvements. He related that he believes costs to be approximately $8,000. He added that the intersection box at John Harden & Vandenburg has been demolished four times since 1987, noting costs as much as $15,000 to replace the box. He explained that the City had wanted to place steel post at the location, but was advised not to because of probable lawsuits. He stated that since the box has to be replaced, the City is trying to make improvements to relocate the box. Discussion ensued regarding traffic situations comparable to other cities in Arkansas. 4 Mayor Swaim responded to a question from the audience, saying that he has talked to the Arkansas Highway Department regarding an option of closing the off-ramp near Wal-Mart, and diverting the traffic through the Wal- Mart light to the off-ramp at Shoney’s. He added however that the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2002 7:00 P.M. – 8:04 P.M. intersection at Shoney’s would not be able to handle the degree of increased traffic flow. He then answered that a signalization light is not deemed a viable solution. He noted that progress creates problems, mentioning the construction of the largest Wal-Mart in the State as well as the new shopping center adjacent. Alderman Smith noted that the new shopping center would have an entrance into the Wal-Mart parking lot. City Engineer Whisker added that the new shopping center would also have an entrance and exit on the south side of the yield sign on John Harden. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. PRESENTATION by Waste Management Mayor Swaim stated that the City is pleased regarding the relationship with the Two Pines Landfill. He introduced the former Mayor of Magnolia, Arkansas and Waste Management Representative Mr. George Wheatley and Two Pines Landfill Engineer Mr. Jim Dunbar. Mr. Wheatley stated that he and Mr. Dunbar are presenting for the fourth year a $50,000 check to the City of Jacksonville for fifty $1,000 scholarships. He related that it is a token of their appreciation to Jacksonville as the host community for the landfill. He noted that 168 students have been offered scholarships since the beginning of the program. He stated that they are pleased, and believe that Waste Management is the kind of corporate citizen a company of its size should be. He related that he believes the landfill is a tremendous asset to not only Jacksonville, but all of Central Arkansas and that they are very proud to offer the scholarships. He added that it is a great opportunity to come before the City Council to make this presentation. Mayor Swaim accepted the check on behalf of the City of Jacksonville, saying that the City appreciates the relationship, and saying that Waste Management is a good corporate citizen. He commended the scholarship committee and pointed out that the scholarships are awarded to students 5 who are not likely to receive other kinds of scholarships. He related that the request from Waste Management was to provide scholarships to students who may not otherwise have an opportunity to go to college. He then noted that Waste Management has also been a generous benefactor to the Chamber of Commerce. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2002 7:00 P.M. – 8:04 P.M. b. RESOLUTION 563 (#8-02) A RESOLUTION EXPRESSING ACCEPTANCE, AUTHORIZATION, AND SUPPORT FOR AN INTERGOVERNMENTAL POLICE SERVICES MUTUAL AID ASSISTANCE AGREEMENT BETWEEN POLICE AGENCIES IN PULASKI COUNTY, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Swaim related that the resolution confirms and strengthens the mutual aid agreement for the Police Department. Alderman Wilson moved, seconded by Alderman Elliott to Read Resolution 563. MOTION CARRIED. Whereupon City Attorney Bamburg read the title of Resolution 563. Alderman Elliott moved, seconded by Alderman Smith to approve Resolution 563. MOTION CARRIED. c. UPDATE: City Construction Projects The Council viewed a PowerPoint presentation by City Engineer Whisker, starting with the new Recycling Center on Marshall Road. He stated that the Center features a drive thru facility, a new bailer purchased that will bail cardboard and loose newspaper. It was noted that bailed items increase the value five times. He then noted the heater uses used motor oil to heat the Center. He then presented the new addition to the Animal Shelter, which has been curbed and guttered along with landscaping for the front of the building. He noted ADA features and gates to the rear of the building offering animals the opportunity to go outside into fenced areas. He described the new kitchen and a “puppy room” designed to allow customers an opportunity to meet with and decide what animal they would like to adopt. He reviewed the sidewalk on Hwy 161 near Trickey Lane, pointing out that it is currently under construction and close to being finished. He stated that the crew is currently compacting the sidewalk for asphalt to finish the shoulder, adding that the sidewalk will act as a curb for the area. He noted that the sidewalk reaches 2,690 feet. He related that he has already observed the usefulness of the sidewalk for that area. He pointed out a 35-foot canopy on either side of the sidewalk under the train tracks as an added safety measure. He then reviewed the progress of the Main Street Overpass, saying that the steel has been placed and the crews are beginning to place decking underneath, which will be followed by concrete for the bridge. He viewed the areas of Oak and Elm Street regarding sidewalk construction and stated that the sidewalk would be placed six feet behind the curb as it 6 leads down both sides. He pointed out that Oak Street is almost completed with the exception of a few driveways. He then noted the quick construction of the concrete curb with a one pour only machine that pours into what is termed a “shoe” to form the curb. He related that the area between the wall and the curb will have a ten-foot sidewalk that will allow pedestrian traffic over the bridge and a stairway at the bottom that will lead to the school. He stated that Spring Street would be reopened and continue as a through street, but added that there would only be one way into the school. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2002 7:00 P.M. – 8:04 P.M. Mayor Swaim pointed out that previously traffic going to the school would have to cross two lanes, but added that with some extra effort a plan was devised to bring the traffic from the back of the school instead of crossing traffic lanes, making it a safer route for the children being delivered to school. City Engineer Whisker stated that children being delivered to the school would enter in from Spring Street. He then reviewed situations regarding the Madden Road project; saying that he is still waiting for the final paperwork to be delivered to his office and hopes the project will begin soon. He stated that pipe would be placed underneath the pavement with curb and gutter featuring inlets with a sidewalk on top. He stated that there would be three feet of green area between the sidewalk and the curb. He reviewed the Stanphil Road Project, saying that it took some time to purchase the property. He demonstrated the improved site advantage from the location of the future road as compared to the present location and related that the first schedule for the project would be to remove the house from its present location. d. Potential Funding Impact to 2003 Budget Mayor Swaim referred to considerations that exists due to the decreased funding for the coming year, and noted the push for a reduction of taxes as well as the County wide lawsuit. He recognized Finance Director Paul Mushrush to address the City Council. Finance Director Mushrush related that the budget process has begun, and that based on the initiative to have sales tax removed from food sales on the November ballot the total impact would be between 2.1 and 2.4 million dollars. He noted that to be a significant portion of the City’s income. He pointed out another issue to be the County Use Tax lawsuit, saying that right now there is a tentative perspective decision that reduces the 2003 year revenues between $420,000 to $450,000. He added that there is the potential for a retroactive decision, which would add another a one-time expenditure of 1.9 million dollars. He stated that currently the 2003 budget is affected by the escrow of the County Sales Tax estimated between $75,000 to $100,000 of current year money. He then stated that the next problem faced by the City is the State Tax Turnback. 7 He related the original estimated figures is down 3% from this years projection and pointed out that it has consistently been going down over the last seven years. He stated that this is one of the financial indicators as an obvious reduction in intergovernmental revenues. He stated that the 2003 projection is based on current standards, adding that he is aware of some revenue projection shortfalls on the State level. He added that this is only a projected reduction that could be adjusted later in the year. He stated that the cumulative affect of these issues together would be approximately 2.7 million dollars using average estimates, which represents 22% of the current period budget. He related that 62% of the revenues received comes from Sales Taxes, which also includes the State Tax Turnback. He stated that the operating CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2002 7:00 P.M. – 8:04 P.M. transfers are transfers from other funds into the General Fund and are standard transfers. He related that fund balances are reserves established for multi-year projects and that amount is 6%, adding that it should slowly reduce. He related that reserves were established some time ago to face issues regarding shortfalls regarding replacement funds for Capital Improvement, equipment and also to make up for some of the revenue shortfalls. He related that currently the City is using reserve funds and we continue in subsequent budgets. He pointed out that the impact of the initiatives represents 38 to 42 percent the shortfall in the tax turnback. He related that 75.6% expenditures revolve around personnel costs, adding that the other significant area is contractual services that include utilities, insurance, Municipal League dues. He clarified that Contractual services it is not a replacement of personnel services. He related that a major portion of the budget is 911, animal control, administrative costs which include the Mayor’s Department, City Council expense, Financing resources, and Engineering. He added that Public Works includes the contract with the Chamber of Commerce, and the Elderly Activities. He estimated that reoccurring costs are between 85 to 87 percent of the budget, pointing out that there is only a very small window of 15% to operate in. He stated that the shortfall is approximately 22%. He then made the Council aware of other considerations regarding a 2% mid-year increased APERS retirement costs based on actuarial assumptions, rising health care costs, and skyrocketing property insurance costs. He noted that last years contract was almost double what it had been previously and that 9-11 has created another surge in the insurance market. He related that he received a letter that cancels the contract renewal, which means that the insurance company will not renew the contract at the same rate. He stated that they want another chance to add more to the cost. He stated that as a result of these issues the budget process has starting early and the City is in the process of looking at other options under insurance to determine if the City can either be partially self insured or find another carrier to provide a good rate. He stated that the City experienced some exposure in the 911 center regarding roof damage, and in Capital Projects the City had funded the Recycling Center and the Animal Shelter. He also mentioned improvements to City parks, saying that 8 things that have been funded in the past will require a closer look in the future. He stated that Capital Project priorities will need to be established early regarding a plan that allows the City to continue inroads that have been made in the past such as the Drainage Projects and the overpass. He stated that contingency plans are in place but added that these issues are a lot more than anticipated. Mayor Swaim acknowledged the issues as concerns for the City, but added that the City has been through much worse and it is hoped that some of the issues do not come to pass. He related that the City does have a plan and that the budget process will include contingencies. He related that while the budget process may take longer this year, saying that there are going to be some things not finalized until after the election, providing an idea as to what does pass. He then added that he is confident that Department heads will work toward a good budget. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2002 7:00 P.M. – 8:04 P.M. He related that the State has continued to try and delete the State Turnback and have slowly lowered it. He stated that based on the States financial problems, he believes the turnback will be slowly phased out in the future, which will be approximately $500,000 in lost revenues for the City. He stated that we will face our problems and continue to make progress. He stated that the City has capital projects that are already funded and some that were not listed tonight. He related that there are at least three other projects that the City will continue to move forward on, saying that we are not going to stop just because of potential problems. He related that while he is known to be a very conservative budgeter, the City will continue to provide services. He added that the public safety departments will continue to operate move forward in spite of what of what may happen in November. He related that it will be challenging, but added that he is looking forward to working with the Council and staff to be prepared and make the best of the money that the City has. He stated that the objective of the City is to look ahead and plan ahead to be ready for whatever comes, and hope for the best. He stated that the Council is aware of the worse case scenario, but added that we will hope for the best and be prepared. In response to a questions from Alderman Smith, Mayor Swaim related that the initiative regarding sales tax on food items did not have enough signatures, but had 30-days for additional signatures. He related that they have turned those in and it will be checked by the Secretary of State’s Office. He stated that there is a plan challenge to the legality of the ballot title, but it is uncertain what will happen at this point. City Attorney Bamburg addressed the issue, saying that Judge Gray ruled at the end of July, adding that there was one proposal provided to her by the plaintiffs attorney and two by the various defense councils. He related that it is anticipated that there would be an appeal to the Supreme Court. He related that she has not signed the order and that until she does, the appeal can not take place unless other action is taken. He related that the City Attorneys and County Attorneys have 9 discussed the necessity of taking other action, adding that if the time period runs further and the order has not been signed they will likely go ahead and proceed to get it to the Supreme Court. He related the importance of having it in front of the court to have the calendar process running so that a decision can be made. He stated that until there is a decision from the Supreme Court there will be no final authority on what happens, pointing out that beginning September 1, monies will begin to be escrowed into the Pulaski County Circuit Clerks Fund. Mayor Swaim related that the escrow amount represents approximately $40,000 monthly. He then added that if the cities loose there is a possibility the City could owe $160,000, saying that we are hoping only to loose 2 months instead of 4 for 2002. He stated that it would depend on what the Judge says, because Sales Tax is dispersed two months after it is collected. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2002 7:00 P.M. – 8:04 P.M. Alderman Fletcher questioned if regarding the food tax, is the Municipal League going to structure a campaign to educate the populous on the financial impact to cities. Mayor Swaim stated that the prospect came up at the last election, but was thrown off. He related that there was a lot of money spent, pointing out that there is an organization called “Apple” that the Municipal League is involved in. He stated that the Municipal League hired a consultant last time to help with the educational process. He explained that cities do not want to continue to collect a tax that is a burden for its citizens, but to other means to replace the funds would be just as burdensome for citizens as the tax. He stated that the message that needs to be gotten out is that if citizens want to continue operations and the same services as provided now we need to keep the food tax. He related that there has been a significant amount of donated money spent to challenge the ballot title, adding that while it is a State wide problem, smaller cities will be more severely affected. He encouraged the Council to inform people of the issues. ANNOUNCEMENT: Mayor Swaim related that the 9-11 memorial ceremony at the th Veterans monument on September 11 at 8:00 a.m. came as a result of citizens request that the City commemorate the event even though several churches and the Air Base had scheduled ceremonies. Alderman Howard announced the Fall Carnival Saturday at the Elderly Activities Center, starting at 7:00 a.m. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 8:04 p.m. Respectfully, 10 ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 11