City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2018 7:00 P.M. – 7:54 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 December 06, 2018 at the regular meeting place of the City Council. Councilman Ray delivered the invocation and Acting Vice Mayor Elliott led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Councilman: Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins answered ROLL CALL. Acting Vice Mayor Kenny Elliott also answered ROLL CALL declaring a quorum. PRESENT SEVEN (7) ABSENT TWO (2). Councilman Bolden, McCleary and Mayor Fletcher were absent. Others present for the meeting were: City Attorney Robert Bamburg, Public Works Director Jim Oakley, IT Director Scott Rothlisberger, CDBG Director Theresa Watson, Fire Chief Alan Laughy, Police Chief John Franklin, Finance Director Cheryl Erkel, Parks and Recreation Director Kevin House, 911 Director Tabby Hughes, Planning Commission Chairman Jim Moore, Planning Commissioner Patrick Thomas, Lida Feller, Rick Kron, Bob Price, Human Resource Interim Director Charlette Nelson, Human Resource Specialist Richelle Rice, Mayor’s Secretary Michelle Lewis, Stephanie Friedman, Craig Friedman, Lloyd Friedman, Fire Captain David Jones, Police Lieutenant Kimberly Lett, Councilman Elect Gary Sipes, Mayor Elect Bob Johnson, Johnny Simpson, Barry Jefferson, interested citizens, and members of the press. PRESENTATION OF MINUTES: Acting Vice Mayor Elliott presented the minutes of the regular City Council meeting of November 15, 2018 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Ray moved, seconded by Councilman Mashburn that the minutes of the regularly scheduled City Council meeting of 18 October 2018 be APPROVED. MOTION CARRIED. Councilman Collins clarified for the record that he was the sponsor regarding the November 15th item of business concerning minimum salaries for the positions of Mayor and City Attorney. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Ray moved, seconded by Councilman Sansing to approve the regular monthly report for November 2018. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 8 Building Inspections 27 Business Licenses 6 Electrical 20 Plumbing 34 HVACR 20 MOTION CARRIED. ROLL CALL: Councilmen: Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2018 7:00 P.M. – 7:54 P.M. WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: DISCUSSION: EMS Rates Fire Captain David Jones explained that the EMS Fund is an Enterprise Fund so it is not dependent on the normal tax base for revenues. He noted that all collections for services goes to fund the EMS operations and there has not been a rate increase since 2003 when the flat rate went from $295.00 to $395.00 and then in 2010 when the $395.00 was raised to $495.00 with an added $12.00 per mile. He related that he conducted market research regarding comparative fire departments over the last three years, pointing out that the City of Jacksonville is behind comparatively. He explained the importance not only for the City but for comparative services to have similar rates. He stated that they have purchased software and the computers will be replaced next year in the budget. He continued saying that efforts including seminars have been attended to make sure they are meeting all the criteria for billing and legal liabilities. He stated that the billing process conducted by Nikki Wilmoth is excellent. He related that one reason the Fund is lagging behind is the increasing health care and pharmaceutical costs, explaining that they are still using the 2009, 2010 billing rates. He reported that Epi Pens rose from approximately $40.00 each to $695.00, adding that the cost increase affected the Fire Department. He reviewed the specific rising cost of common pharmaceuticals that is routinely carried on the ambulances. In addition, other common supplies and equipment have customarily risen by 15% each year. He then noted the enormous costs of replacing ambulances. He then reviewed that his market analysis revealed the average emergency rate, which is basic life support, is $536.43. He then noted that the average billing for ALS emergency, which is the advanced life support, is $615.00. He then related that an ALS II emergency is on average $900.00, explaining that the II rate applies for instance if cardiac patient is being given multiple drugs and using advanced airways skills with IV. He proposed that the rate be increased along with adding nomenclature regarding the billing rules. He stated that this would allow them to slightly increase prices, noting that Jacksonville would still be cheaper than some of the surrounding counterparts that provide EMS. He stated that this would allow the EMS Fund to become more solvent. He explained that one of the fees would be the non-emergency rate of $495.00 to $525.00, ALS non-emergency would be $550.00 and ALS I emergency would be $600.00 and the ALS II rate would be $800.00. He stated that this along with some revisions to the membership programs would allow them to recoup additional revenue. He added that they are hoping to see an increase of, the best case scenario, approximately $100,000.00 into the EMS Fund. He stated that such an increase would greatly help with the purchase of equipment as well as put ambulance purchase on a regular time frame. He stated that if you look at it on paper it will not line up, explaining that after billing the higher rates, some insurance payers such as Medicare and Medicaid only pay a certain amount for each service. He stated that this will cause the profit/loss margin to widen, however in reality, what we are bringing in on the return side would 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2018 7:00 P.M. – 7:54 P.M. increase. He stated that he wanted to make the Council aware of that fact. He stated that this would help maintain the supplies and equipment rather than having to purchase four cardiac monitors and two ambulances in one year. He stated that it will allow them to provide more services for the citizens, noting that additional pharmaceuticals have been added to the ambulance inventory and they are conducting the RSI programs providing excellent care to patients having severe airway problems. Councilman Sansing stated that the City needs to ensure that there is good ambulance service in Jacksonville, adding that the rate increases are still less than the surrounding communities. He noted that the EMS Fund is not reimbursed unless they transport a patient to the hospital, adding that they do dozens of ambulance runs that are simply public service runs and there is no charge unless the patient is transported. He related that while we hate to raise rates, the City has to ensure a good ambulance service. He pointed out that the rates are billed to various insurance companies, so it will not necessarily come from the patients themselves. He related that an increase will ensure an effective and safe ambulance service for our citizens. Councilman Mashburn issued praise for the EMS department and the service they provide. Captain Jones noted that there is a 70% transport rate from all the calls they receive. He stated that last year they did 4,322 emergency runs and 3,020 were transported. He noted that when he began in 1999 the entire Department did approximately 1,600 including fire and EMS. He noted that EMS is not classified as an essential service yet, so they are not eligible for many grants as such. He stated that there are efforts in Washington to have it reclassified as an essential service, adding when that happens, many more grants will be able to be sought. POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1591 (#13-2018) AN ORDINANCE TO MODIFY JACKSONVILLE MUNICIPAL CODE § 2.06.010 (MINIMUM SALARY-MAYOR), JACKSONVILLE MUNICIPAL CODE § 2.08.020 (MINIMUM SALARY-CITY CLERK), AND JACKSONVILLE MUNICIPAL CODE § 2.10.010 (MINIMUM SALARY- CITY ATTORNEY); AND, FOR OTHER PURPOSES. Councilman Sansing moved, seconded by Councilman Collins to place Ordinance 1591 on FIRST READING. In response to a question from Councilman Traylor, City Attorney Bamburg stated that the Mayor’s salary would remain as the current ordinance states, adding that the only change for the Mayor is the addition of a car allowance 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2018 7:00 P.M. – 7:54 P.M. up to $8,000.00 annually instead of $1,000.00. He then added that it also includes a provision about requiring a monthly log and provisions regarding the Mayor’s expenses in membership and participation in the Municipal League’s activities. He then answered that the other two items are new for the section involving the City Clerk and City Attorney. He stated that the amounts were taken from the Municipal League’s salary survey. Councilman Traylor confirmed that the intention of the ordinance is to raise the minimum salaries to more realistic levels. City Attorney Bamburg concurred saying that it is raising salaries to the current market salary survey. He then added that the salary survey from 2017 was used to create these figures. Councilman Traylor then confirmed that nowhere does it stipulate that this is what the salaries are, only that this is what the minimums are. City Attorney Bamburg concurred, explaining that the ordinance is just setting the minimums and changing the ordinances that are on the books. He stated that the actual salaries would be set by whatever budget is approved for 2019 or future years. Councilman Sansing stated that there has been a lot of confusion over this, clarifying that this ordinance is not tied to the budget in any way. He emphasized that this only updates the minimum salaries that had not been changed since 1998. Councilman Mashburn questioned if now is the best time to undertake this endeavor. Councilman Sansing recalled that Councilman Collins had begun this discussion as much as two months ago. Councilman Mashburn stated that she did not feel this is the best timing for this ordinance. Councilman Traylor reminded everyone that he had stated at the previous meeting what his feelings were as far as setting salaries for budget purposes. He added that he does not feel there is anything wrong with this ordinance to address updates by raising and adding. Councilman Smith questioned if Ordinance 1591 passes, is it the salary that the new Mayor and City Attorney would start at. City Attorney Bamburg stated no, that the salaries would have to be set by the budget ordinance when the City Council passes the 2019 budget. Acting Vice Elliott stated that it would set the minimums, so the salaries could not be less than what is proposed in Ordinance 1591 but it could be made more. He stated that it updates the salary minimums. 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2018 7:00 P.M. – 7:54 P.M. City Attorney Bamburg pointed out that currently the minimum salary for City Attorney is $36,000.00 and $25,000.00 for City Clerk. Councilman Traylor related that if not revised, in theory; the minimum salary for the City Attorney would be $36,000.00. He stated that he does not feel there is a problem with updating the minimums for these positions. Councilman Sansing stated that this still leaves the salaries unsettled in the budget for future discussions. Councilman Mashburn moved, seconded by Councilman Twitty to table Ordinance 1591 indefinitely. City Attorney Bamburg clarified that motion to table stops all discussion. ROLL CALL: Councilman Mashburn, Twitty, and Smith voted AYE. Councilman Sansing, Ray, Traylor, and Collins voted NAY. MOTION FAILED. Councilman Traylor suggested that the Ordinance be approved on First Reading and then be brought back for further discussion on the next meeting. Councilman Sansing stated that he does not see any reason not to waive the rules and vote on the ordinance three times at this meeting. He added that we need to get the minimums out of the way so we can concentrate on future budget information. Councilman Ray stated that if it is not acted on tonight then we will be in the exact same place the first of 2019. He noted that we have to start new salaries for the incoming Mayor and City Attorney. Councilman Traylor clarified that this ordinance has nothing to do with the new Mayor or City Attorney. City Attorney Bamburg emphatically clarified that this ordinance does not set the salaries, it simply sets the minimums and modifies the Code as it currently exists. Councilman Sansing stated that this sets the minimum and the discussion for future salaries are for the next meeting and we can get this out of the way at this meeting. Councilman Mashburn stated that the minimums would suggest part-time help. City Attorney Bamburg related that the amounts were drawn from the Municipal League salary survey which was approved by the City Council to be used regarding salaries for officials as well as employees. He added that City Council put that into place several years ago and that is what has been followed. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2018 7:00 P.M. – 7:54 P.M. Councilman Sansing referenced the Municipal League Salary Survey, noting that on page 15 is the number recommended for City Attorney, adding that the proposed Ordinance has the exact same figure. Councilman Collins commented that those are average salaries, adding that they just happen to be at the low end. Councilman Twitty noted that the City does not hire in at the low end, we hire in at the mid. Councilman Collins stated that he feels an amendment would be appropriate if these numbers are not liked. Councilman Smith related that she received an email from Mark Hays from the Arkansas Municipal League today, she quoted “we would advise a vote that the Council set a specific salary for each of the elected offices”. She added that Mark Hays made it clear “not a minimum”, a specific salary to vote on. City Attorney Bamburg related that the specific salary of the officials is set by the budget when approved on annual basis. Councilman Smith noted that in the budget, the amount of salary includes more than the Mayor’s salary, asking if the amounts could be separated so that the City Council could easily identify what the salaries are for elected officials. City Attorney Bamburg noted that he is not part of the budget discussion, saying that would be a question for someone else. Councilman Smith asked Finance Director Cheryl Erkel if that could be separated out for the City Council. Finance Director Cheryl Erkel stated that she could provide a spread sheet that has everyone’s salaries and their positions, adding that she would not include names, but the position and current salary. Councilman Twitty questioned why the names as public information could not be included. City Attorney Bamburg stated that all salaries of public officials are public, adding that members of this Council as well as members of the public have obtained the list of salaries for all of the officials. He pointed out that they are included in the budget every time and it is passed by City Council. Councilman Collins stated that the budget is not approved with the actual salaries by position or by name, usually it is a line item for the Department. He added that he would like to see the salaries listed by position for each Department. He stated that since it is an appropriation 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2018 7:00 P.M. – 7:54 P.M. that would also make sure if it is to be changed from the appropriation and a position title added, that it would actually have to be approved by the City Council. Acting Vice Mayor stated that the discussion needs to return to the Ordinance on First Reading. Councilman Sansing called for a question to the motion. ROLL CALL: Councilman Sansing, Ray, Traylor, and Collins voted NAY. Councilman Mashburn, Twitty, and Smith voted NAY. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1591. Councilman Ray moved, seconded by Councilman Sansing to APPROVE Ordinance 1591 on FIRST READING and SUSPEND the rules and place Ordinance 1591 on SECOND READING. ROLL CALL: Councilman Sansing, Ray, Traylor, and Collins voted NAY. Councilman Mashburn, Twitty, and Smith voted NAY. MOTION CARRIED to approve on FIRST READING but FAILED to suspend the rules and place on SECOND READING. b. PRESENTATION OF DOWNTOWN PROGRESS Dr. Robert Price referenced a report that was submitted to City Council slightly over one and half years ago, culminating from a SWAT analysis conducted by the Steering Committee featuring 13 priorities for the City. He stated that last year they have been working toward those priorities, adding that progress have been made toward all of them. He pointed out that the number one priority was “Drink by the Glass”, which was passed with an 85% vote. He noted Mayor Elect Bob Johnson helped get the Bill passed that enabled the City to put this for a public vote. He stated that various amounts of money have been pulled together from grants and donations. He related that over the last nine months, he has sought about $757,000 to help support, what was formerly called the “Downtown Program”, but they are now seeking a new brand name. He stated that he was successful in obtaining $522,000 in grants and donations. He informed the City Council that he wrote several grants to the Department of Transportation, Lowe’s Charitable Foundation, State Farm, and small grants that were not funded. Councilman Collins questioned the amount the City expended on compensation to Dr. Price. Dr. Price answered not as much as the City should have; adding that approximately $39,000 or $40,000 has been his compensation and there is approximately $522,000 in the bank. Councilman Collins stated that it is a pretty good return on investment. 7  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2018 7:00 P.M. – 7:54 P.M. Discussion ensued regarding where Sherwood fell short of their contributions for the Drink by the Glass campaign by approximately $4,000. Dr. Price stated that he chaired the campaign committee and it was supposed to be a collaborative effort between Jacksonville and Sherwood. He explained that a consulting firm was hired and estimated $40,000 for the campaign, adding that it was agreed that each city would raise $20,000. He then noted that Jacksonville raised $22,000 and Sherwood fell short by $4,000 because they quit about two thirds of the way through their process of raising money. He stated that he has spoken numerous times with Mayor Elect Johnson about dealing with this, adding that there is no clear solution. He stated that Sherwood has basically refused to pay any more money. He related that he has received several bills from the consulting firm and he has directed them to Sherwood who did not come through with their part of the contract. He stated that he has not heard back and it has been approximately four months. Councilman Sansing confirmed that Sherwood agreed to raise $20,000 but quit after raising $14,000. Dr. Price stated that there is approximately 500 in the bank regarding these contributions for “Drink by the Glass”, adding that they continued to raise money because they thought they might get further contributions and still contribute. He then added that he has since dropped the issue. Councilman Sansing pointed out that Jacksonville contributed $2,000 over our commitment and Sherwood was under. Dr. Price related that the largest amount of the $522,000 collected was a $380,000 grant that came from the Military Affairs Division of the Arkansas Economic Development Council. He stated that those funds were designated for the Cyber Security Curriculum for the School District. He related that he wrote the grant because having a great education system is absolutely essential to economic growth of a community. He then added that it also goes toward object #6 of the Master Plan, where we talk about creating a great workforce for the City of Jacksonville. He stated that you cannot have a better contemporary workforce than a Cyber Security workforce, adding that there is a shortage of approximately 2 million people across the Country currently for Cyber Security. He then related that the School District also has a career pathways program in culinary arts and welding. He stated that all these programs create a workforce for the City, which is why this grant is so important. He then related that he collected $37,000 from the A&P Commission to do various activities downtown, noting the Five-Points Festival, the 5K run, and the Christmas lighting. He added that they have also received an anonymous $83,000 donation which is designated to help with the Downtown Development Program. He stated that if you add the $22,000 that was raised for the Drink by the Glass campaign that comes to $522,000 that was raised in the last nine months. He stated that he continues to research grants, one to hopefully get 8  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2018 7:00 P.M. – 7:54 P.M. all the utilities underground along Main Street and get new modern light poles on Main Street. He stated that the problem is that most of those grants are not large and Entergy wants $270,000 just to pull the utilities and put them underground up to the Post Office only. He then stated that Dr. Duffy from the School District has agreed to pay half that cost, adding that he is going after a grant to pay half of the $270,000 and then it will at least be up to the Post Office. He stated that the biggest problem with money is that we have to have a sustainable funding source to make any change regarding economic development. He added that by sustainable it has to come on a regular basis. He related that cities such as New Port, Batesville, and etc. have all put into place something such as an economic development tax sometimes with a sunset clause. He reiterated that we are going to have to have something like that because this will not grow trying to search for grant money alone, adding that we cannot possibly get enough donations to make it work. He stated that an important word is that this is an “Investment” in the City that returns money to the City to attract new businesses, which generates more sales, which gives more money to the A&P Commission that they can let out for other kinds of projects. He stated that over time it is all a ripple effect. He related that they have recently enacted their Jacksonville Business Ambassador Program. He went on to say that they met November 1st, noting that the list is included in the report. He stated that this group is slightly different than the Steering Committee, the Ambassador group is concentrating fully on business development for the City and the things that impact on that in some strategic way. He stated that they had a very successful conference November 1st. He stated that a couple of big things they intend to tackle over the next six to eight months is the 2020 Census. He explained how critical the Census is for Jacksonville, noting that it is a major financial impact for the City. He cited that if we miss only 400 people in the Census it is equivalent to one million dollars over a ten-year period. He stated that he has been working with the regional Census office in Chicago and there is going to be a series of workshops in Jacksonville to get people out and develop strategies to make sure we get the best accurate count. He stated that the core of this Census is doing it on line. He stated that another effort will be to try to come up with a plan for several options regarding a sustainable funding source. He stated that both the Steering and Ambassadors Committees will be working on this issue. Councilman Mashburn thanked Dr. Price for his hard work and commitment to the City, recognizing that it is a long-term project that will continue after all of us have gone and off the Council. Dr. Price pointed out that the Master Plan lays out the vision and plan for doing this. 9  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2018 7:00 P.M. – 7:54 P.M. APPOINTMENTS: ANNOUNCEMENTS: Acting Vice Mayor Elliott announced that the Christmas parade would be Saturday, December 8th beginning at 6:30 p.m. weather permitting. Councilman Collins stated that he has a question for Mayor Elect Johnson. He asked if he was going to make additional proposals to the budget so they could review those before the close of the year. Mayor Elect Johnson stated that he is not certain at this point, the Election was two days ago and he has not met with Mayor Fletcher regarding the budget as yet, adding that he plans to do that. Councilman Collins stated that if the City Council is not going to be working on a budget for 2019 very quickly, they will need to consider an ordinance to appropriate funds from the 2018 budget for January 2019. Acting Vice Mayor Elliott stated that it would have to be addressed at the final meeting of the year. ADJOURNMENT: Without objection, Acting Vice Mayor Elliott adjourned the meeting at approximately 7:54 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 10