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03 NOV 20.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 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 20, 2003 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, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Director of Human Resources Charlie Brown, CDBG Director Theresa Watson, City Engineer Jay Whisker, Director of Public Works Jim Oakley, Parks and Recreation Director George Biggs, Police Captain Baker, Fire Chief Vanderhoof, Finance Director Paul Mushrush, Planning Commission Chairman Art Brannen, Planning Commissioner Bobby Lester, Chamber of Commerce Director Bonita Rownd, Mr. Preston Robinson, Mr. Doug Wilkinson, Mrs. Judy Swaim, Mrs. Lendy Lewis, Mrs. Edith Smith, Mrs. Addie Gibson, Mr. Larry Smith, Mr. Larry Dupree, Mr. David McClanahan, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of October 16, 2003 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 2 October 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Sansing to approve the Regular Monthly Animal Control Report for October 2003. Said report reflects: ADOPTION/FINES: $779.00 CONTRIBUTIONS: $ 0.00 TOTAL: $779.00 REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Sansing to approve the Regular Monthly Report for October 2003. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 37 Building Inspections 126 Business License 13 HVACR 83 Plumbing 108 1 Electrical 58 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 282 Notice of Noncompliance 42 Property Mowed 20 Towed 9 Trash Letters 12 Trash Removal 0 CONDEMNATIONS Cost for Sept. $1,221.00 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Sansing to approve the Regular Monthly Report for October 2003 from the Jacksonville Fire Department, which reflects a fire loss of $16,700 and a savings total of $61,500. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Sansing to approve the Regular Monthly Report for October 2003. Said report reflects the Total Value of Reported Stolen Property $66,297. Total Value of Recovered Stolen Property $15,600 and Total Report Sales $375.00. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: Request to Accept Bid/Self Contained Breathing Apparatus Mayor Swaim related that the purchase is a grant process, adding that the Fire Department has done a great job applying for and receiving grants. Chief Vanderhoof stated that Metropolitan is the low bidder, adding that the City has performed business in the past with them and is satisfied with their service. He stated that the bid is part of a $78,000.00 grant. Alderman Wilson moved, seconded by Alderman Elliott to accept the low bid from Metropolitan Fire Extinguisher in the amount of $67,063.00 plus tax with matching funds to be drawn from budgeted funds and the Capital Improvement Fund. MOTION CARRIED. POLICE DEPARTMENT: Request to Accept Bid/Control Access System Alderman Ray moved, seconded by Alderman Smith to accept the low bid from Interface Security in the amount of $10,000.00. MOTION CARRIED. STREET DEPARTMENT: PARKS & RECREATION: 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. PLANNING COMMISSION: ORDINANCE 1211 (#19-03) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 1901 OLD MILITARY ROAD, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Wilson moved, seconded by Alderman Smith that Ordinance 1211 be placed on FIRST READING. In response to a question posed by Alderman Fletcher, City Engineer Whisker stated that Mr. Wilkinson represented the property at the Planning Commission meeting and that from that meeting it is his understanding that the owner is proposing the development of a convenience store, possibly with gas pumps and a duplex or apartment complex. In response to a question posed by Alderman Wilson, City Engineer Whisker noted that the property adjacent to the east is outside the City limits and the property to west is the water treatment plant. He then answered that the property (Buck’s Country Store) on the north side of Military Road is zoned C-3. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1211. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1211 be accepted on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1211 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1211. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1211 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1211. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1211 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. 3 TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1211 THIS 20 DAY OF NOVEMBER 2003. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. GENERAL: a. ORDINANCE 1205 (#13-03) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §16.20,; AMENDING JACKSONVILLE MUNICIPAL CODE §18.72; PROVIDING LANDSCAPING REGULATIONS AND REQUIREMENTS FOR RESIDENTIAL, COMMERCIAL, AND MANUFACTURING DEVELOPMENT, SITES, AND ZONES; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Stroud to remove Ordinance 1205 from being tabled and open the item for discussion. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Lewis to place Ordinance 1205 on THIRD and FINAL READING. Alderman Wilson acknowledged the lengthy development time for the Ordinance, but added that he still has concerns regarding enforcement. He clarified, saying that he believes the Ordinance may create more problems than it will solve, and for that reason he would vote against the Ordinance. He went on to commend the Committee for its work in wanting to beautify the City, but believes the Ordinance will create significant barriers to development regarding gray areas that would frustrate businesses in the Community. Alderman Lewis defended the Ordinance, saying that it may not be inclusive regarding every circumstance but it will at least offer the City a set of guidelines work within. Alderman Ray noted that his employer, Remington Arms, developed from the ground up and that they did such a good job with the aesthetics of the property they are featured on the Lonoke Planning website. He related that he has received many calls from area business people who have expressed their capability to know how to beautify a commercial business and understand that by doing so it invites customers to come and trade. He stated that he respects their opinion and will therefore vote against the Ordinance. Alderman Howard stated that unfortunately not all business will develop their property in that manner and believes the City should have some beginning point from which to start. Alderman Stroud stated that Jacksonville is the largest city in the State that does not have a landscaping standard. He related that if the City had the Ordinance 25 years ago, Jacksonville would look better and be more progressive. He added that he feels Jacksonville would have had some better more upscale businesses, adding that he believes the Ordinance is good. He commended City Attorney Bamburg’s efforts and 4 stated that he believes the Ordinance will be an asset to the Community. ROLL CALL: Alderman Elliott, Smith, Lewis, Fletcher, Stroud, Twitty and Howard voted AYE. Alderman Sansing, Ray, Wilson voted NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1205. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1205 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Fletcher, Stroud, Twitty and Howard voted AYE. Alderman Sansing, Ray, Wilson voted NAY (3). MOTION CARRIED. TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1205 THIS 20 DAY OF NOVEMBER 2003. Discussion ensued regarding the flexibility of allowing a development to begin if the process of negotiating specifics of landscape requirements has not been completed. City Engineer Whisker stated that site plans including ingress and egress are submitted to his office, adding that at that time it would be appropriate for a developer to also submit his landscaping plan. He stated if there is some problem with the plan it would already be before the Planning Commission for approval and could be considered for a variance. In response to a question from Alderman Wilson, City Engineer Whisker stated that specifically the Ordinance only suggest plant material as a guide and would not present a hindrance for developers. He went on to say that the Ordinance focuses more on sizes, quantity and location of plant material. Alderman Wilson stated that his main concern would be any delays experienced by developers regarding a difference of landscaping interpretation, City Engineer Whisker answered that site placement of the building is probably the most important part and because there is a landscaping Ordinance it will go with the site plan. Alderman Stroud pointed out that Little Rock is trying to bring their landscaping ordinance closer to what Fayetteville’s ordinance requires. He went on to say that Jacksonville is only encouraging developers to save trees instead of dictating which trees can or cannot be cut. In response to a question posed by Alderman Stroud, Planning Commission Chairman Art Brannen stated that he did not foresee any problems that would cause development delays regarding landscaping requirements. Alderman Wilson noted that he is vaguely aware that Fayetteville is currently involved in a lawsuit regarding its landscaping ordinance. 5 City Engineer Whisker noted that the Planning Commission has hosted special meetings for developers who have time related constraints. He added that he feels the Planning Commission has been responsive to individual development situations. Alderman Wilson requested that a checklist for commercial developments be made available to developers including the time frame involved. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. City Engineer Whisker stated that with the exception of the time frame the checklist is already available in his office. Alderman Wilson requested that a copy of the checklist with time estimates be provided to the City Council. He then voiced concern for Planning Commission agenda deadlines as a possible part of delay problems. b. ORDINANCE 1209 (#17-03) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTY AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR FOR THE CITY; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim stated that the Ordinance provides for creating a tax lien regarding collection of funds expended on mowing or demolition of property. He related that the City filed liens against those properties and were not always able to collect unless the property was sold. He related that a new law allows cities to file a tax lien on property, which is added to the owner’s property tax bill making collections more certain. He noted that the liens would be filed on an annual basis. Discussion ensued regarding efforts to contact property owners prior to the liens being filed. City Engineer Whisker related that bills are sent to the property owner’s address, adding that it is not sent certified. He then noted hat condemnation letters are sent certified. He stated that the list includes pass due bills since September 30, 2003. Mayor Swaim noted that the bills are sent to whomever Pulaski County holds as the recorded property owner and bills are sent to the same address used for tax bills. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1209 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1209. 6 Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1209 be accepted on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1209 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1209. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. Alderman Stroud moved, seconded by Alderman Lewis to further suspend the rules and place Ordinance 1209 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1209. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1209 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing that the EMERGENCY CLAUSE be attached to Ordinance 1209. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1209 THIS 20 DAY OF NOVEMBER 2003. c. ORDINANCE 1210 (#18-03) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF OBTAINING REMOTE MANAGED NETWORK SERVICES, SERVER INSTALLATION, SET-UP, AND DATA MIGRATION FOR THE CITY OF JACKSONVILLE’S CRITICAL NETWORK INFRASTRUCTURE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Finance Director Paul Mushrush related that the Ordinance is part of an on-going process with Clearpointe Technology. He stated that Clearpointe designed the City’s intranet and intranet connectivity. He added that as a result of that proposal, the City entered into a contract with Clearpointe to manage all servers, maintain security, virus protection, user security and intruder detection. He stated that since Clearpointe has managed the City’s network there has not been any virus intrusions nor any successful intruders. He stated that Clearpointe monitors the City 24 hours a day, 7 days a week and manages all services guaranteeing a 95.95% up time. He noted that the City has seven servers that are managed through Clearpointe, which includes all software upgrades. He stated that this has resulted in some of the things that are being proposed in the Police Department regarding brining on line a managed 7 server for their NIBR system and the Court system software. He noted that this would place all of the City’s information technology and critical information under Clearpointe management and protection. He added that he feels extremely confident in their services. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1210 be placed on FIRST READING. In response to a question from Alderman Smith, Finance Director Mushrush stated that the Ordinance would not have to be repeated on an annual basis and is renewable every five years within the terms of the contract with Clearpointe. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. He added that the overall costs is substantially less annually and that the Ordinance includes some current activity that is required to be brought in to waive competitive bidding for Police Department and Courts to continue on the contract. In response to a question from Alderman Wilson, Finance Director Mushrush answered that the uptime has been approximately 98%, adding that the only downtime experienced was approximately 30 real minutes internally and the rest has been the connection to the ether net. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1210. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1210 be accepted on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1210 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1210. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1210 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1210. Alderman Sansing moved, seconded by Alderman Smith that Ordinance 1210 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Smith that the EMERGENCY 8 CLAUSE be attached to Ordinance 1210. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1210 THIS 20 DAY OF NOVEMBER 2003. d. Authority to negotiate purchase of Industrial Park railroad spur Mayor Swaim stated that the City has negotiated with the LRAFB to purchase a spur line that comes off the Union Pacific line servicing the Industrial Park. He stated that LRAFB was approached three years ago regarding service and up keep problems and asked if the City could work with them to change ownership. He noted that the line belongs to the Department of Defense. He related that over the last three-year period CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. the City has gone through negotiations and environmental impact studies before eventually being approved and turned back to LRAFB who turned it over to the Corp of Engineers. He related that the Corp of Engineers advised the City to advertise for bids, adding that after further negotiations, the City was able to obtain a sole source bidding opportunity, and a property appraisal was made. He stated that following meetings with the Corp of Engineer Real Estate Division a price was agreed upon and in order to move forward the City Council must grant authority to purchase the railroad spur along with any easements that run off the spur. He added the he would also like authority to sell some of the spurs no longer used for industry expansion and other uses. He stated that the appraisal price is $54,000.00, and that he would propose a funding combination regarding a sizable offer of donation with the balance to come from industrial fund monies received originally from a donation of the Franklin Electric Building and subsequent sells and purchases of other lands. He noted that a condition of the original gift from Franklin Electric was that the funds be dedicated to industrial development. He related that the purchase would not affect the City’s General Fund. He related that while the City does not want to own a railroad, the area industries were having problems getting cars moved on a timely basis. He explained that the main railroad does not like to stop a large train and send it down the spur creating long delays just to move one car, consequently some of the spur line operators have agreed to negotiate the main line and have an engine on the spur. He stated that anytime industries need to have a car moved they can call and an engineer would be sent to move the car for them. He pointed out that this arrangement would significantly change downtime waiting for a product to be moved or brought in. He stated that the arrangement would ensure better service for the industry and any future area industry. In response to a question posed by Alderman Smith, Mayor Swaim stated that the spur is approximately three miles and encompasses 42.6 acres of easement. Alderman Smith moved, seconded by Alderman Wilson to authorize Mayor 9 Swaim to negotiate purchase up to $54,000 plus closing costs and sell of the Industrial Park railroad spur and/or any portion thereof. MOTION CARRIED. e. Request from Non-Profit for partnership to provide housing. Mayor Swaim stated that Evangelistic Ministries, a non-profit organization has requested a partnership to provide housing. He stated that the City has acquired lots in the Sunnyside and attempted to build houses through CDBG, which he added was not very successful. He noted that it was hard to sell the houses even at cost. He related that Bishop Bolden and his Church have offered to help the City provide low-income housing to citizens and help redevelop portions of Sunnyside. He asked the Council to grant permission to offer the Church one or more lots on a trial basis under the condition that they would build on the lots providing housing to low-income citizens in the Community. He related that the City has not had any luck in giving the houses away because of the significant cost to renovate, having instead to demolish the homes. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. Alderman Stroud expressed support for the partnership, saying that it would be good for the City. He noted that Bishop Bolden is doing good work in that area, and recommended that the City offer him two properties as a pilot project. Alderman Stroud moved, seconded by Alderman Smith to enter into a pilot partnership with Evangelistic Ministries offering two properties in the Sunnyside Addition for redevelopment. In response to a question from Mr. David McClanahan, Mayor Swaim stated that the value of each lot is approximately 3 to 5 thousand dollars. He added that the City has not been able to sell the lots or give them to local developers. He noted that recently the house and lot at 129 Jaxon Street appraised for $7,500.00. He then related that Habitat for Humanity was offered some of the lots and turned them down. At this time, MOTION CARRIED. f. Request to renew Building and Contents Insurance Contract Mayor Swaim reminded Council of the three lightening strikes at the 911 Center resulting in large insurance claims. He explained that the City tried numerous avenues to keep lightening from striking the building, pointing out that the location of the 911 Center is the highest point in the City, plus has a tall tower on top of the building. He stated that eventually the City had a trench dug around the outside of the building and buried a lightening cable, adding that there is also a cable that runs around the inside of the building. Finance Director Paul Mushrush stated that he was charged with finding the best way to mitigate insurance cost. He noted that claims have put the City’s lost ratio rate at 128%. He stated that after researching thirteen separate markets, six declined and six had premium minimums that 10 ran as high as $100,000. He stated that the City paid $47,413.00 last year for replacement cost insurance to cover $26,000,149.12 in building and contents. He stated that the best quote he could get this year is $49,819.00, adding that he felt it was a good quote. He explained that in negotiating with Gallagher he has managed to get one of the providers to negotiate below a $50,000 minimum, adding that the City has covered with Gallagher plans that were developed at the 911 Center. He stated that he has sent Gallagher all the specifications that the City has employed to prevent lightening strikes, such as driving stakes every ten feet around the huge circle and putting lightening strike counters on the tower. He noted that the counter indicates that it has been struck once but suffered no interruption. He related that what this equates to in the long run is that since the loss ratio analysis is done on a running five-year basis, the loss ratio will decline given that the market is softening after the 911 problem. He related that one other thing he has done within the budget is negotiate to assume some of the risk internally. He stated that ultimately as it becomes more feasible more risk will be assumed. He recommended that the City continue coverage with Gallagher. It was noted that Gallagher offers local representation in Jacksonville. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. Alderman Smith moved, seconded by Alderman Elliott to approve renewal of Building and Contents Insurance Contract with Gallagher. MOTION CARRIED. g. Request to Accept Bid/Digital Recorder for 911 Communications Center Alderman Wilson moved, seconded by Alderman Stroud to accept the bid from Dictaphone Corporation in the amount of $21,868.50. 911 Communications Director Brenda Skinner stated that seven bids were received, adding that two bids were for the same Dictaphone recorder with one bid coming in at $29,000.00 and the other at $21,000.00. She pointed out that Dictaphone Corporation is an established vendor with the City. She then related that the companies with lower bids were not receptive to providing a live demonstration of their product, but instead referred her to their website. She stated that the purchased recorder would replace two separate pieces of equipment, the main recorder that records all the telephone lines, radio traffic and instant call check which is currently separate from their recorder. She recommended the Dictaphone Corporation at bid price $21,868.50, adding that $23,000.00 was budgeted for the purchase. Alderman Wilson moved, seconded by Alderman Stroud amended the previous motion to reject the lower bids for reason of non-compliance. MOTION CARRIED. Discussion ensued regarding the possibility of currently annexing Murrell Taylor to ensure more adequate emergency response, and Mayor Swaim stated that currently it would not be favorable to revisit that proposal. He added that since the school does have many children of Jacksonville 11 residents, the City feels obligated to provide Police and Fire protection. He stated that the City contacts the school each year to provide them with emergency numbers for Jacksonville to respond even though it is outside the jurisdiction. It was noted that annexation would reduce the schools insurance premium, which was explained to them. h. Request to approve the CDBG 2004 Annual Action Plan Mayor Swaim noted a copy of the consolidated plan and a list of projects proposed for following year. He stated that the proposed list is a direct result of six public meetings held by CDBG. In response to a question posed by Alderman Howard, CDBG Director Theresa Watson stated that CDBG would provide a voucher system that could be used by the elderly to secure transportation service to help them with shopping, or even travel outside of Jacksonville to North Little Rock or Sherwood for medical reasons. She stated that the voucher would be dispensed through the housing authority, the towers and the Jacksonville Senior Center. In response to a question posed by Alderman Wilson, Mayor Swaim stated that allocations were based on input from the public meetings, and that the CDBG staff and Council representatives made recommendations. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. Discussion ensued regarding item six of the front page, and CDBG Director Watson clarified that item six referrers to the Leap and Learn. She stated that it is a childcare center located in Canterbury Corner. She related that presently the children are playing on the asphalt, and it is proposed that playground rubber and boundaries be provided to offer them a play area other than the asphalt. In response to a question posed by Alderman Lewis, Director Watson stated that CDBG provides a check to the Care Channel Facility generally around st the 1 of December each year, which is used during their Christmas project of providing clothes, food and toys. Mayor Swaim noted that funds are also used to assist in homeless situations, noting occasions where people are stranded in town and had to have help to have a place to stay. Discussion ensued regarding the Care Channel’s policy not to provide cash, but assistance regarding food and shelter. Alderman Howard voiced concern for item five regarding sidewalks, he noted that residents tend to park on the sidewalks. He stated that he is not sure the situation will improve, adding that if the vehicles are parked in the street travel on the streets becomes difficult. Director Watson stated that when the public hearing was held in the area, one of the comments was that there were trees that had broken the sidewalks making walking hazardous. 12 In response to question posed by Alderman Fletcher, Director Watson stated that with the exception of the Care Channel and the rehab program funding for some of the standard projects have decreased because CDBG has monies from the previous year to dedicate to those projects. She then answered that the allocation list does not reflect left over funds. She related that CDBG received $340,000.00 for 2003 and is proposing to receive the same for 2004. She stated that with the addition of two more entitlement cities in Arkansas it is possible that amount could be less. In response to a question posed by Alderman Wilson, Director Watson ensured that all of the new projects and standard project do meet the guidelines. Alderman Smith moved, seconded by Alderman Lewis to approve the CDBG 2004 Annual Action Plan. MOTION CARRIED. BUDGET Mayor Swaim stated that the budget has been delayed due to events that have changed the budget. He noted that the City Council has a copy of the preliminary budget of expenditures and income regarding Street, Sanitation and General Fund. He related that the match for State retirements increased 1.9% and the match for LOPFI increased 4.5%, which amounts to approximately $200,000.00. He then noted that the City insurance has increased $97,000.00 for City employees. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. He also noted an accounting change regarding Sales Tax that will change reporting format. He stated that it would appear that the budget increases significantly from 12.2 to 13.1 but over $300,000.00 is an accounting situation. Finance Director Paul Mushrush stated that the Governmental Accounting Standards Board Statement 27 is the accounting for involuntary non- exchange transactions, which is actually property tax. He noted that in order to get the CAFR the City has to comply substantially with all GASB regulations. He related that Statement 27 states that General Fund is the entity that must record the millage that is applied to Police and Fire Pension and that the revenue from those property taxes are recorded in the Pension funds as contributions from the City. He stated that in essence it increases the General Fund Budget by $332,500.00. Mayor Swaim stated that a balanced budget will be presented to be approved for January 1, 2004. He stated that given the fact that revenues are down and there are State mandates such as the 4.5% increase in LOPFI that increases salary expenses $197,000.00, we are still holding the line on growth. He stated that the Department Heads did a good job on their budgets. He stated that one area of growth included five new Police Officers at an 80/20 match, pointing out that the City’s share is $120,000.00 plus benefits. He related that the Officers are part of a three-year program, adding that the City pays 20% of their salaries for 13 three years. He stated that while that is an increase, it offers the City an opportunity to add Officers at a minimal cost. He stated that he believes tax dollars are being used in a way that would make the citizens pleased. SALES TAX Mayor Swaim thanked the citizens of Jacksonville for trusting the governing body enough to pass the sales tax. He stated that none of the sales tax funds are projected to go into this years General Fund Budget, adding that the money will be set aside for the proposed projects. He stated that the first funds would be received in March of 2004 with collections beginning in January. He stated the Parks and Recreation Department has been authorized to move forward with bids for the pool project, adding that the project will begin with the $209,000 in grant monies. He added that a schedule is being worked to begin funding the other projects. He stated that monies would be received a the rate of approximately $200,000.00 monthly, adding that it would take some time and he hoped everyone would be patient. He expressed his appreciation to the citizens of Jacksonville for their confidence in the passage of the Sales Tax. POLICE CHIEF CANDIDATES Mayor Swaim stated that the candidates for Police Chief had been narrowed to three when one of the candidates accepted a job in another State. He stated that background checks are being performed presently on the remaining candidates. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2003 7:00 P.M. – 8:15 P.M. APPOINTMENT(S): ANNOUNCEMENT(S): OPEN HOUSE CITY HALL CHRISTMAS PARTY Mayor Swaim announced that the correct date for the Christmas Open House th is December 19. JAMES STREET OVERPASS Mayor Swaim answered that information collected from the public hearing regarding the overpass has not been published. CHRISTMAS LIGHTING CEREMONY th It was announced that the lighting ceremony would be held December 4 at 6:00 p.m. prior to the next regularly scheduled City Council meeting. ADJOURNMENT: Mayor Swaim without objection, adjourned the meeting at approximately 8:15 p.m. Respectfully, 14 ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 15