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03 JUL 17.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2003 7:00 P.M. – 7:40 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 July 3, 2003 at the regular meeting place of the Council. Alderman Lewis 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, Wilson, Fletcher, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT eight (8), ABSENT (2). Aldermen Ray and Stroud were absent. Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Finance Director Paul Mushrush, Finance Accountant Cheryl Erkel, Parks and Recreation Director George Biggs, Police Chief Ruthven, Fire Chief Battalion Kendal Snyder, Mr. Mac McAllister, Mr. Gerald Clark, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Lendy Lewis, Mrs. Addie Gibson, Mr. Tommy Bond, 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 July 3, 2003 for approval and/or correction at the next Regularly Scheduled City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Wilson moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 19 June 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular Monthly Animal Control Report for June 2003. Said report reflects: ADOPTION/FINES: $731.00 CONTRIBUTIONS: $ 0.00 TOTAL: $731.00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular Monthly Report for June 2003. Said report reflects the Total Value of Reported Stolen Property $87,977. Total Value of Recovered Stolen Property $87,005 and Total Report Sales $468.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular Monthly Report for June 2003 from the Jacksonville Fire Department, which reflects a fire loss of $105,000 and a savings total of $175,000. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2003 7:00 P.M. – 7:40 P.M. Chief Ruthven exhibited the Police Department’s first place trophy award for the 2003 Police Olympics. He then began to review the Police Department’s monthly consent agenda report focusing on the workload data, noting that complaint calls have increased 21%, complaint calls responded to have increased 23%. He noted that while walk-in complaints have decreased by 3%, felony cases being opened have increased approximately 27%. He stated that he wanted to bring this to the City Council’s attention to illustrate that the Police Department is doing more with the same amount of resources, which he added will have some affect regarding the crime statistics for review. He explained that felony arrest are time consuming regarding the expenditure of manpower, and that a 21% increase in complaint calls increases the need for manpower. He then pointed out a 51% year-to-date increase in warrants, adding that it occasionally requires the Officer to go elsewhere in the State. He stated that it is a time consuming process that consumes manpower and available resources. He then pointed out that during the month of June the Department had twelve Officers and six Administrative personnel to complete 1290 hours of external training, of that, 960 hours was attributed to two new Officers attending Academy training. He added that fifty-three Officers completed approximately 300 hours of internal training, including Traffic Stops training for thirty- eight Officers, Active Shooters Course for five Officers and Defensive Driving for twenty-four Officers. He stated that the Defensive Driving course was a refresher course not offered since 2000. He reviewed the Crime Statistics update from 1999 - 2002, pointing out that the crime index for the year of 2002 over 2001 was increased by 11%. He related that the crime index includes the seven listed categories of crime excluding arson, adding that modified crime index had increased by 11%, explaining that the modified crime index includes all seven categories plus arson. He then related that violent crime had decreased in the City by 22%; however, property crime had increased 14% in 2002. He pointed out that property crime represents 92% of the index, explaining that when 92% of the crime is increased by 14% it brings the overall crime rate up by the demonstrated 11%. He stated that the 22% violent crime decrease represents 8% of the overall crime index. He related no change in robbery, adding that there were increases in burglary, larceny, and vehicle theft. He then reviewed the crime index comparing Jacksonville to nationwide, southern cities and cities of the same size nationwide. He noted that the crime index and the modified crime index decreased by all comparisons in 2002 except in Jacksonville showing an increase. He then noted that violent crime only shows a slight decrease in comparison, while Jacksonville’s violent crime was significantly decreased. He offered that any analysis would be from his personal feelings, adding 2 that the does not have sophisticated, and analytical capability within the Department. He offered that he does not have that capability because it requires personnel, equipment and resources that he currently does not CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2003 7:00 P.M. – 7:40 P.M. have. He offered that he feels violent crime has decreased because there is greater risk to the offender, pointing out that the Department solved 69% of violent crimes in 2002. He then pointed out that they only solved 37% of the property crimes. He stated that offenders understand that there are stiffer penalties regarding violent crime. He noted that given recent Pulaski County Jail overcrowding issues, violent crime offenders end up in jail, while non-violent offenders many times do not go to jail. He stated that known offenders become repeat offenders when there is no punishment associated with the offense. He stated that offenders will choose property crimes before choosing violent crimes because of the consequences. He clarified that property crimes are up because there is not a great risk, secondly there is not very harsh sentencing associated and thirdly even if an offender were sentenced in Pulaski County currently they would not be incarcerated because of overcrowding. He stated that he believes that the answer requires more community involvement, more Police Officers, more sophisticated analysis capability and harsher sentencing from the Judicial system and lastly incarceration. He stated that as City Council members they could influence three of those factors, community involvement, more police officers, and more sophisticated analysis meaning analytical personnel as well as equipment to analysis data. He stated that if he had more analytical ability he could focus prevention efforts where the analysis determines as opposed to reacting to crime. He stated that the statistical data indicates they are reacting to reports of crime. Alderman Fletcher stated that he believes the first issue to be addressed should be the stronger penalties for crimes. Chief Ruthven stated that he has met with Judge Batton to discuss district level sentencing, adding that some of the sentencing is to perform work in support of the Police Department and other City Departments. He stated that he has spoken with Circuit Court Judges, who deal with most of the violent crime, which is one of the categories that have decreased with more incarcerations and heavier sentencing. In response to a question posed by Alderman Fletcher, Chief Ruthven related that the Arkansas Association of Chiefs of Police as well as Arkansas Sheriff’s Association has worked with members of the legislature to address funding for the corrections system allowing offenders to move from the Pulaski County Jail system to the State Correctional system. He stated that he is not sure the legislature supports it to the degree desired. Alderman Wilson questioned if Chief Ruthven is aware of any groups or associations that the Council might be able to initiate for support, Chief Ruthven related that the Police Department encourages neighborhood 3 watch programs. He explained that some of the homeowners associations have neighborhood watch on a limited basis, adding that the Police Department would like to see an expansion regarding neighborhood watches, explaining that the Police Department would be willing to provide their support. He offered the Police Department’s support with other programs. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2003 7:00 P.M. – 7:40 P.M. In response to a question posed by Alderman Elliott, Chief Ruthven stated that the new Police Auxiliary group is working well, saying that it is a strong addition to the Department. He related that there are eight Auxiliary Officers working on an average of eight to ten hours weekly. He stated that there are plans to train another class. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. FINAL PLAT Crooked Creek Subdivision PH I City Engineer Whisker stated that this is the first phase of Crooked Creek Subdivision located north of General Samuels and west of Martha Street in Woodland Hills Subdivision. He related that the Phase I can access the pump station servicing Woodland Hills. Alderman Wilson moved, seconded by Alderman Smith to Approve the Final Plat of Crooked Creek Subdivision PH I. MOTION CARRIED. b. FINAL PLAT Cunningham Subdivision Mayor Swaim stated that the Subdivision is located outside the City limits, but is within the Jacksonville Planning jurisdiction. City Engineer Whisker related that the developer is taking approximately two acres of a larger tract in order to subdivide less than five acres. He stated that the property is located north of the Latter Day Saints Church. He related that the property will be serviced by a well and septic tank. Alderman Smith moved, seconded by Alderman Lewis to Approve the Final Plat of the Cunningham Subdivision. MOTION CARRIED. GENERAL: Presentation of the 2002 Audit Mr. Mac McAllister addressed the City Council stating that his firm is honored and pleased to present the 2002 Comprehensive Annual Financial Report of the City of Jacksonville. He stated that this marks the sixth year for the City to publish a Comprehensive Annual Financial Report, 4 also known as CAFR. He reviewed the significant financial highlights included in the annual report as follows: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2003 7:00 P.M. – 7:40 P.M. Total operating revenues for 2002 as reported in the financial statements were $14.9 million. This amount includes $1.1 million attributable to a change in reporting of certain revenues dictated by changes in accounting principles. Adjusting 2002 revenues to a comparable basis with 2001, the City experienced a decrease in revenue of approximately 12.7% from 2001, representing the second consecutive year of shrinking revenues. Revenues from the City’s sales tax, slightly over $3.2 million. Together these sales taxes constituted approximately 58% of the City’s total revenues, making Jacksonville a sales tax-dependent City. Total operating and capital expenditures in 2002 was $14.5 million, up only one-tenth of one percent from 2001, indicating the City did a good job of holding the line on expenses for the year. Personnel costs, the City’s largest expense, were approximately $9.7 million or 67% of the total. At the department level, Police and Fire Department expenditures were 33% and 25%, respectively of the total General Fund expenditures. The total fund balance of the City’s operating and capital project funds at the end of 2002 was $13.4 million of which approximately $11 million dollars was reserved or designated for contingencies, future projects or for the year 2003 budget. The fund balance of the General Fund at December 31, 2002 was approximately $1.4 million, which represents approximately 46 days of current operating expenditures. Based on the City’s 2003 budget, the net assets of the General Fund should approximate 60 days of operating revenue. The fund balances of the Capital Project Funds declined by $825,000 in 2002 to $4.8 million. Of this balance, all but $650,000 is allocated to current or future projects or to the 2003 budget. As revenues have decreased, the City has had to stop funding the Capital Project Funds and draw down reserves in these funds that were built up in past years during economic growth periods. Due to revenue shortfalls and without a substantial new source of revenue, the City may be forced to dramatically scale back capital spending for infrastructure and equipment and defer capital maintenance cost to future years. Our auditors’ report expresses an unqualified opinion on the general purpose financial statements of the City. There were no reportable conditions on internal control or material 5 instances of noncompliance with laws and regulations relating to the audit of the financial statements. There were no audit findings or questioned costs relative to Federal grant award programs of the City for 2002. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2003 7:00 P.M. – 7:40 P.M. We have issued a management letter, included with the annual report, reporting on prior year and current year audit findings of an immaterial nature. The City’s Comprehensive Annual Financial Report has been submitted to the Government Finance Officers Association of the United States and Canada for consideration for a sixth Certificate of Achievement for Excellence in Financial Reporting. Currently, only 7 cities in Arkansas are recipients of the award. We believe Jacksonville’s 2002 CAFR meets all of the requirements of the Certificate of Achievement program. We believe a special recognition should go to the City’s Finance Department and Finance Director for publishing a quality annual financial report. Finally, we want to express our appreciation to the City Council for allowing us the opportunity to once again serve as the City’s auditors. We value our business relationship with the City of Jacksonville. We congratulate you on the fine job the City is doing in the handling of the City’s business. Alderman Elliott commended Mr. Gerald Clark, Finance Director Paul Mushrush and Accountant Cheryl Erkel for their work regarding the CAFR Report. Alderman Wilson joined with Alderman Elliott’s sentiments, adding that Jacksonville being one of only seven cities in the State that qualifies for the CAFR award speaks for itself. In response to a question posed by Alderman Wilson regarding the defined benefit Pension Plan through December 2001 and the actuarial evaluation, Finance Director Mushrush stated that it would require supplemental information, adding that any newer information is not yet available. Mayor Swaim noted that there were changes in the reporting requirements. He clarified that one of the new reporting rules requires cities to report their property tax revenues through the General Fund, adding that those monies are actually disbursed to the Police and Fire Pension funds. Alderman Wilson noted from page 63 of the CAFR that because revenue expenditures and budgeting was held conservatively there is approximately 6 $700,000 for Capital Improvement expenditures. Mayor Swaim referenced a National League of Cities article titled “Cities Confront Tough Choices as Fiscal Condition Decline”. He stated that with changes in the economy, cities nationwide are being forced into generating new revenue because of Federal and State cutbacks, which affect cities. Alderman Smith stated that with cash flow declining in many funds, the City may have to look at other revenue sources to fund projects such as the Education Center and the Outdoor Pool proposal. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2003 7:00 P.M. – 7:40 P.M. Mr. McAllister praised the City of Jacksonville from a financial aspect regarding years of responsible controls established to safeguard City assets and the responsible manner that programs were established regarding expenditures and a setting of perimeters which has put the City in a position to be able to weather some of these difficult economic downturns. He noted that a lot of cities were not as well prepared. In response to a question posed by Alderman Wilson, Mr. McAllister stated that the Single Audit Section takes in the different Departments. Finance Director Paul Mushrush added that under Federal law regarding federal programs like CDBG, it is a requirement to bring all the federal grants into a single audit. b. DISCUSSION of ORDINANCE 1198 (#6-03) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE CHAPTER 5.20 TO PROMULGATE REGULATIONS FOR TAXIS AND OTHER VEHICLES FOR HIRE; AND, FOR OTHER PURPOSES. Mayor Swaim related that the Ordinance was discussed at the prior City Council meeting. He noted a representative from the taxi companies, adding that input from owners have been sought in the interest of fairness to them and the citizens. He stated that it has been difficult to draft a plan that pleases everyone, adding that he had asked City Engineer Whisker to design a graph regarding a recommendation for zones across the City. He related that a previous zone recommendation plan was found to be complicated with too many zones changes from one end of town to the other. He pointed out that the zone recommendation plan submitted by the City is a simpler, adding that however he is not sure it satisfied all needs. He went on to say that there is still the option that the cab companies are currently using, which is a $4.00 flat fee charge for a one-way trip anywhere in the City, instead of proposing zones or meters. He pointed out that the graph demonstrates that a trip anywhere in the City would be approximately $4.00 to $5.00. He stated that under the proposed Ordinance the fee is based on $2.00 for the first zone and .50 for each additional zone entered. He related that there has been no consensus of agreement on rate charges from the cab companies. He demonstrated that a fare from Northwood Acres to South Hwy 161 would cost 7 $4.50. He stated that the cab companies may need an opportunity to review the new graph regarding further input. Discussion ensued regarding the zones and charges, Mayor Swaim recognized Mr. Don Pierce to address the City Council. Mr. Don Pierce, representing DJ’s Cab Company, related that Courtesy Cab Company furnished the plans to him. He added that he presented the proposal to his customers, who are against the complications of zones. He stated that his customers like to call a cab company and know up front what the rate is, adding that a trip across town is one set rate of $4.00 anywhere in town. He reiterated that his customers are comfortable knowing what the rate is going to be before they even call a taxi. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2003 7:00 P.M. – 7:40 P.M. Mayor Swaim acknowledge that to be the simpler option that he spoke of earlier, a flat fee. He noted that the Ordinance could be amended as needed given inflation and gas prices. Mr. Pierce stated that currently they are running mid-grade gas at $1.52 per gallon, explaining that former cop cars are used because they are stouter, and have stronger suspension and can handle the abuse of constant use. In response to a question posed by Mayor Swaim, Mr. Pierce stated that his recommendation would be a flat fee, answering that $4.00 is not really comfortable because for the last three consecutive months his company has experienced a loss. He stated that the main reason for the loss is car repairs and commercial insurance at a cost of approximately $1,200 monthly. Alderman Wilson suggested that the Ordinance set a maximum flat rate charge of $5.00 and let competition set local rates. He stated that he supports the idea that the customer is aware of the rate charge before calling a cab, adding that periodically the maximum can be adjusted. Mayor Swaim stated that he wanted to stress that the City Council is not mandating a $5.00 flat fee, but is setting a maximum allowable charge. Alderman Smith expressed support for the flat rate fee proposal. It was clarified that a flat rate would cover any point within the City limits and Mr. Pierce added that currently they charge an additional $1.00 per stop for longer trips. Mayor Swaim pointed out that the fare is currently $4.00 one-way. Mr. Pierce stated that his company offers a $2.00 discount for round-trip fares and senior citizen discounts. In response to a question posed by Alderman Wilson, Mr. Pierce stated 8 that a fare from Jacksonville to the Airport or the Mall is $4.00 per each city limits. He than added that because of the size of Little Rock they had been charging $25.00 but are adjusting the charge to $20.00 because the new Hwy takes ten minutes off the trip. It was the consensus of the City Council to have the Ordinance reflect a flat fee rate charge of $5.00 maximum. City Attorney Bamburg suggested that the City Council set a public hearing to adopt the Ordinance with amendments. Mayor Swaim stated that the public hearing would be held at the next th regularly scheduled City Council meeting on August 7. Alderman Howard noted that the burned out house on James Street has been cleared. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2003 7:00 P.M. – 7:40 P.M. th Mayor Swaim related that the 4 of July Celebration hosted by local Churches in conjunction with the City was an excellent program with good representation from the Churches and the community. He stated that it was well worth attending. APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT: Mayor Swaim without objection, adjourned the meeting at approximately 7:40 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 9