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06 NOV 16.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2006 7:00 P.M. – 7:37 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 16, 2006 at the regular meeting place of the Council. Our Club delivered the invocation and led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, 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 Robert Bamburg, Deputy Clerk Linda Dulaney, Finance Director Paul Mushrush, City Engineer Jay Whisker, Fire Chief John Vanderhoof, Police Chief Robert Baker, Public Works Director Jim Oakley, CDBG Director Theresa Watson, Our Club Director Glen Lane, Parks and Recreation Activity Monitor Dana Rozenski, Mrs. Judy Swaim, 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 November 2, 2006 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 19 October 2006 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for October 2006. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 24 Building Inspections 59 Business License 12 HVACR 38 Electrical 96 Plumbing 63 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 212 Notice of Noncompliance 31 Property Mowed 56 Towed 4 Trash Letters 87 CONDEMNATIONS Trash Removal 18 Structural Maint. Letters 0 Property Maint. Letters 2 Structural Repairs Made 0 Costs $4,030.60 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2006 7:00 P.M. – 7:37 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for October 2006 from the Jacksonville Fire Department, which reflects a fire loss of $63,100 and a savings total of $179,400. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for October 2006. Said report reflects the Total Value of Reported Stolen Property $176,057. Total Value of Recovered Stolen Property $133,287 and Total Report Sales $1,383. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Animal Control Report for October 2006. Said report reflects: ADOPTION/FINES: $1,925.00 CONTRIBUTIONS: $ .00 TOTAL: $1,925.00 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1297 (#30-06) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTY AT VARIOUS LOCATIONS WITHIN THE CITY FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1297 be placed on FIRST READING. Mayor Swaim related that the liens are against maintenance or demolition of houses in the City of Jacksonville. He explained that two years ago legislation was adopted which allows municipalities to file liens collected on tax bills. He stated that last year the City collected over $10,000.00 in delinquent accounts for services rendered. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1297. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2006 7:00 P.M. – 7:37 P.M. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1297 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1297 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1297. Alderman Ray moved, seconded by Alderman Sansing to further suspend the rules and place Ordinance 1297 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1297. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1297 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1297 THIS 16 DAY OF NOVEMBER 2006. b. Approval of 2007 CDBG Strategic Action Plan Alderman Ray moved, seconded by Alderman Sansing to accept the 2007 CDBG Strategic Action Plan. Alderman Sansing stated that he was impressed by the number of comments from the public that were included in the consolidated plan listing of projects. Mayor Swaim stated that those hearings are open to the public and attendance and participation is encouraged. He stated that there is approximately $300,000 in limited funds for a lot of projects so public participation is very important. At this time, MOTION CARRIED. c. Discuss purchasing property near Martin Street Center Mayor Swaim explained that there is a piece of property that adjoins the existing new aquatics park on the southeast side open from Gray Street, further explaining that the duplex on Gray Street burned and the owner is receptive to sale of the property. He related ongoing efforts of 3 negotiation, saying that the price began at $31,000 and has now been negotiated to $20,000 if the City is willing to pay the closing cost. He stated that Parks and Recreation Director George Biggs is particularly CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2006 7:00 P.M. – 7:37 P.M. interested in the property for parking needs for the center. He related that presently the church across the street is being used for employee parking. He stated that he is presenting the item as a possibility regarding future expansion of the facility. He noted that if the property is privately developed as residential it would not be available to the City at this price. He further explained considerations for noise regarding activities in the aquatics park. City Engineer Whisker offered that purchase of the property would also provide for the possibility of a back entrance into the aquatics park. Alderman Howard moved, seconded by Alderman Twitty to authorize the Mayor and City Clerk to purchase the property contingent on obtaining an adequate appraisal. MOTION CARRIED. d. Amend the minutes of meetings September 21, 2006 First Reading and October 5, 2006 Second Reading of Ordinance 1293 (#26-06) Mayor Swaim related that the request to amend the minutes is from City Attorney Bamburg, explaining that the Ordinance was rendered null and void. Alderman Stroud moved, seconded by Alderman Smith to amend the minutes of September 21, 2006 First reading and October 5, 2006 Second reading of Ordinance 1293 (#26-06). MOTION CARRIED. e. PRESENTATION of the 2007 Preliminary Budget Mayor Swaim noted considerations regarding employee health insurance, explaining that costs have increased significantly. He related that shopping other insurance has not been successful regarding the loss ratio. He stated that the loss ratio for the City is higher than the premium cost, adding that this year 126.7% is projected for the loss ratio. He stated that the City will cost $300,000 more than it contributes in premiums. He explained that it would be hard to obtain a better premium cost given the City’s loss ratio, or better coverage. Alderman Smith stated that the premium cost would not decrease until the City’s ratio improves for at least two years. Mayor Swaim noted that when the City had obtained insurance from a different source several years ago, a rate increase half-way through the first year was projected for the following year because the City had used 75% of its premium by July. He noted that the Municipal League does not consider a rate increase until the municipality has expended 100% of its 4 premium, adding that unfortunately the City of Jacksonville has far exceeded that for the last three years. He related that currently the City is dealing with a $71.00 per month increase per policy, explaining that input from the City Council would be of value, saying that the City will either have to absorb the cost or add some share of the increase to the employee’s cost. He stated that as much as it would be regrettable CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2006 7:00 P.M. – 7:37 P.M. to pass any portion of the increase onto the employee he discovered that many other cities pay a lesser percentage of the family policy. He stated that he does not feel that the citizens would approve of absorbing 100% of the increased cost. He stated that there are two options for the City Council to consider, which is changing the deductible by $300.00 per person or the City could absorb some portion of the premium cost. He noted that the City did absorb 100% of the previous premium cost. He stated that consideration could be given to asking the employee to pay half of the $71.00 monthly rate increase. Alderman Smith asked that Mayor Swaim and Paul Mushrush give consideration for the City to absorb some portion of the rate increase and pass the remainder onto the employee. Mayor Swaim related that the budget is being proposed with the consent of the City Council that 50% of the increase would be picked up by the employee, explaining that the City will pay for single coverage and 50% of the increase in the family coverage. He noted that half that cost would be $35.50 monthly. Alderman Ray related that his company has also had to raise insurance costs to employees, adding that another benefit offered to employees is the wellness program. Mayor Swaim stated that the City encourages the wellness program and offers free memberships to the Community Center to promote exercise and health awareness. Alderman Stroud stated that he would rather see the monthly-shared cost increase than to have a family deductible increase, which would be harder for the family to absorb. He related that sanitation routes have increased and the budget is proposing to add a driver and a new truck. He then explained that the budget is approximately $34,000 from in being balanced. In response to a question posed by Alderman Ray, Mayor Swaim stated that three firefighters will be added, explaining that a $300,000 grant will contribute to their salaries. He stated that there is no proposal to add police personnel this year, explaining that this is the final year for the grant program that helped pay the salary of five police officers for three years. He noted that the Police Department is researching other 5 similar grants, adding that the Police were awarded a bullet proof vest program for this year. He complimented the department heads who have found opportunities for grants and have written those grants and been successful in being awarded those grants. He stated that the public safety departments have particularly been successful. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2006 7:00 P.M. – 7:37 P.M. He stated that total revenues for the budget not only include grants but also include the funds handled by the Police and Fire Pension funds. Mayor Swaim asked that the City Council members review the preliminary budget, pointing out that the budget would be finalized for the second meeting in December. He then noted that there was a reduction in premium costs for the buildings and content insurance. In response to a question posed by Alderman Fletcher, Finance Director Paul Mushrush stated that at the direction of the Mayor included in the budget is an additional $25,000 each year in the event that the City experiences an increase in its share to the Pulaski County Jail. He stated that supposedly according to the original control the City should be at $125,000 this year barring interim changes which occurred. He stated that it is anticipated but not remitted unless billed for the full amount. He stated that the current budget would reflect the $125,000 cost plus $4,400 for the work release program for the juvenile court. Mayor Swaim related that the County Judge has asked that the cities consider funding for a three to four month period the extra eight beds, adding that the City has set aside $25,000 for that consideration. He reiterated that the City of Jacksonville is remitting its fair share for the operation of the Jail. He stated that he has offered to pay per prisoner per day for Jacksonville but not all the cities want to pay on that basis. Alderman Fletcher asked for clarification regarding the drop in Park admission revenues. Finance Director Paul Mushrush stated that Parks and Recreation no longer collects those revenues, adding that revenues are collected from the softball, baseball and soccer associations. Mayor Swaim explained that the Parks Commission decided that they could do better by not collecting those fees because the cost to pay gate keepers did not offset collections. He stated that generally the same amount is collected without managing extra employees. Alderman Stroud noted the difficulty in finding employees to serve as gate keepers. 6 Mayor Swaim asked that City Council members having questions regarding the budget to contact either himself or Finance Director Paul Mushrush. He noted that the final budget would have all line items listed out. APPOINTMENT(S): PLANNING COMMISSION appointment of Chad Young Alderman Howard moved, seconded by Alderman Stroud to approve the appointment of Chad Young to the Planning Commission for a term to begin 01/01/2007 and to expire 01/01/2010. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2006 7:00 P.M. – 7:37 P.M. ANNOUNCEMENT(S): Mayor Swaim announced that City Hall would be closed rdth November 23 & 24 in observance of Thanksgiving. He asked that City Council members interested in attending the Municipal League winter conference contact his office by the deadline of Monday, thth November 20. He stated that the conference is January 10through the th 12 in Little Rock. Alderman Stroud moved, seconded by Alderman Smith, to adjourn into Executive Session at 7:33 p.m. for the purpose of discussing personnel issues. Alderman Twitty stated that she did not see a need to go into Executive Session if it is because of the letter that was received by all City Council members. She stated that there was opportunity to speak to the person who wrote the letter or to visit with the Mayor. She stated that she feels the Mayor runs City Hall very well and would have taken care of any issues had there been any discrepancies. She stated that since the Mayor is aware of the situation and is satisfied, she is fine with that and feels that everyone on the City Council should be fine with it also. Alderman Sansing agreed, saying that he feels it is a dead issue, and is not worth commenting. Alderman Stroud stated that the issues affect more than the Mayor and feels it might be better to discuss it in closed quarters. Alderman Twitty stated that it seems to her that, if the City Council adjourns to Executive Session it would only offer credence to the issue. She stated that she is very comfortable that any issues have been resolved and that there was nothing as bad as it seemed going on to begin with, adding that she trust the person that was supposed to have been involved and she trust the Mayor to have taken care of the matter. She stated that she feels it is a waste of the City Council’s time and does not feel there is anything left to discuss in Executive Session. A voice vote failed to go into Executive Session and the MOTION DIED. 7 Alderman Fletcher agreed that things had been blown out of proportion from what he read in the paper, adding that he would like to go on public record stating that the City Clerk’s Office is a very well run office and that he does not know of anyone that is more conscientious about their job than Susan Davitt. He stated that he is not aware of anyone or the contractors that have ever had anything bad to say, pointing out that everything has always been of ultimate confidence in that office. He stated that he would want the public to know that the office has been run with superior leadership and personnel, and they have a lot to be proud of. Alderman Smith agreed that it is a dead issue. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2006 7:00 P.M. – 7:37 P.M. Alderman Stroud stated that he has investigated the issue and is satisfied that there is nothing to the complaint. He added that he is satisfied with the way the City is being run and he is satisfied with the job that Susan Davitt is doing for the City. He stated that he did not want any misinterpretation that might worsen or cloud their positions or the job they are doing for the City. He added that he feels both are doing an outstanding job. Mayor Swaim offered his appreciation, saying that he would be willing to discuss any of the issues at any time. Alderman Ray stated that he has enjoyed working with City Engineer Whisker who is leaving City employment for a position in private employment. He related Jay Whisker worked diligently performing all task, adding that his only complaint would be that Jay did not fix his street. City Engineer Whisker thanked the City Council for their support during his tenure, saying that he is aware that not all city engineers enjoy that same level of support from their city councils. Mayor Swaim stated that with current ongoing projects regarding subdivisions and because it will take time to hire a new engineer, he would like the City Council to consider authorizing him to contract Jay’s services through his new employer. It was the general consensus of the City Council to allow the Mayor to enter into contract for those services. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:37 p.m. Respectfully, 8 ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 9