HomeMy WebLinkAbout2007-10-16 MinutesMayor Dan Coody
City Attorney Kit Williams
City Clerk Sondra Smith
City of Fayetteville Arkansas
City Council Meeting Minutes
October 16, 2007
City Council Meeting Minutes
October 16, 2007
Page 1 of 20
Aldermen
Ward 1 Position 1
— Adella Gray
Ward l Position 2
— Brenda Thiel
Ward 2 Position 1
— Kyle B. Cook
Ward 2 Position 2
— Nancy Allen
Ward 3 Position 1
— Robert K. Rhoads
Ward 3 Position 2
— Robert Ferrell
Ward 4 Position 1
— Shirley Lucas
Ward 4 Position 2
— Lioneld Jordan
A meeting of the Fayetteville City Council was held on October 16, 2007 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Coody called the meeting to order.
PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor
Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Housing Authority Board Appointment
Alderman Cook stated the Housing Authority met and they selected Hugh Earnest as their
appointment. The Nominating Committee has interviewed him several times and does not need
to interview him again. So at this time we are recommending his appointment.
Alderman Cook moved to approve the appointment of Hugh Earnest to the Housing
Authority Board. Alderman Thiel seconded the motion. Upon roll call the motion passed
unanimously.
CONSENT:
Approval of the September 4 and September 18, 2007 City Council meeting minutes.
The September 4, 2007 City Council minutes were approved.
The September 18, 2007 City Council minutes were removed.
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Bid #07-58 Joe Perme Construction: A resolution awarding Bid #07-58 and approving a
contract with Joe Perme Construction d/b/a Perme Excavating in the amount of $105,692.17 for
renovations at the City Animal Shelter; and approving a project contingency in the amount of
$10,569.83.
Resolution 177-07 as Recorded in the office of the City Clerk.
Bid #07-65 Graybar Electric: A resolution awarding Bid #07-65 and approving the purchase
of ninety-five (95) Dynamic Light Fixtures from Graybar Electric in the amount of $59,014.95
for Phase III of the Scull Creek Trail.
Resolution 178-07 as Recorded in the office of the City Clerk.
Bid #07-65 Composite Materials Technologies: A resolution awarding Bid #07-65 and
approving the purchase of ninety-five (95) light poles from Composite Materials Technologies,
South Carolina, LLC in the amount of $51,775.00 for Phase III of the Scull Creek Trail.
Resolution 179-07 as Recorded in the office of the City Clerk.
NWA Democrat Gazette: A resolution approving one-year agreements with the Arkansas
Democrat -Gazette — Northwest Edition for display and legal advertising.
Resolution 180-07 as Recorded in the office of the City Clerk.
Telecommunications System Upgrades: A resolution approving the purchase of a CS1000e
Telecommunications System from AT&T through the state purchasing contract in the amount of
$51,172.94 to upgrade the city's communications infrastructure; and approving a 9%
contingency in the amount of $4,605.56.
Resolution 181-07 as Recorded in the office of the City Clerk.
Fayetteville Municipal Airport Revised Mission Statement: A resolution approving a revised
Mission Statement for the Fayetteville Municipal Airport, Drake Field.
Resolution 182-07 as Recorded in the office of the City Clerk.
Sam's Club Grant for Veterinary Supplies: A resolution authorizing the Fayetteville Animal
Services Division to accept a grant from Sam's Club in the amount of $3,000.00 for the purchase
of veterinary supplies; and approving a budget adjustment to recognize the grant revenue.
Resolution 183-07 as Recorded in the office of the City Clerk.
Romine Lawsuit Insurance Deductible: A resolution to approve a budget adjustment in the
amount of $50,000.00.
Resolution 184-07 as Recorded in the office of the City Clerk.
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City Council Meeting Minutes
October 16, 2007
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Alderman Jordan moved to approve
the Consent Agenda as read with the
September
18,
2007 City Council minutes removed.
Alderman Thiel seconded the motion.
Upon roll
call
the motion passed unanimously.
UNFINISHED BUSINESS:
2007 Millage Levy: An ordinance levying a tax on the real and personal property within the
City of Fayetteville, Arkansas for the year 2007 fixing the rate thereof at 2.2 mills for General
Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the
Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and
certifying the same to the County Clerk of Washington County, Arkansas. This ordinance was
left on the First Reading at the October 2, 2007 City Council meeting.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Cook seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Paul Becker, Finance and Internal Services Director asked the Council to accept the Millage for
the city of 4 mills which represents an increase of .9 mills for General Fund operation. The
General Fund revenue estimate is $33.2 million; the proposed General Fund budget is $35.5
million leaving a short fall of $2.3 million. The Administration's position is to fund that deficit
by changing the capital split of the one cent sales tax received by the City allowing more in the
General Fund and less in the Capital Fund and proposing a .9 mill increase which would generate
$995,000 for the City. The situation is due to the full impact of the Compensation Plan from last
year and progression and merit increases for the proposed budget. In addition to that we are
experiencing declining sales tax revenue which will result in a budget short fall of about $1.5
million by the end of the year. I think it is going to pick up.
He listed new industries that are going to contribute to the sales tax revenue. He stated I think
we are going to pick up an extra of about $400,000 next year; however that would still leave us
with a projected short fall of roughly $1 million next year in revenue to what we have projected
this year.
He briefly discussed all the options that have been looked at during previous meetings. He
addressed the option of a merit increase, a COLA increase and a hiring freeze. He stated that a
hiring freeze is a temporary solution to the situation. He also discussed budget reductions and he
stated if we pursue them we are going to talk about reducing services to the citizens of
Fayetteville and we would have to look at that very carefully. He addressed the use of reserves
pointing out that that is our only safety valve and we don't know what direction the economy
may take and that would also be a short term solution:
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City Council Meeting Minutes
October 16, 2007
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The perspective of the Administration and my personal recommendation is that we go with the .9
Millage increase because that provides more of a long term solution to the situation and would
solve potential problems down the road. It would also give us a little more flexibility if in fact
we have to react to changing economic conditions or a continued down trend in sales tax.
Paul explained what is funded with the General Fund.
He stated I will entertain any questions.
Mayor Coody: There was a story in today's paper that could be construed if you look at it just
right that if we approve .9 mills that it would al %
low for a 3.8COLA and that is not what is on
the table at all. I just want to make sure that a 3.8% COLA is not on the table with any
recommendation.
Paul Becker: We are not recommending that at this point. It would be $960,000 to the General
Fund. If we look at the cost to the entire city; it would be $1.4 million because you would take
into consideration the Water and Sewer and .Solid Waste Divisions. That is just the COLA
which we are not recommending. We are going to have a compensation package that treats
everyone equally.
Alderman Cook: I have been talking to a lot of citizens over the last two weeks and by far most
citizens are against the Millage. The ones that state that they would support that feel like that we
as a Council and Administration have to do our due diligence to convince them and that we have
made every cut that we possibly can. Where I am at right now is I do not want to support the
Millage and I want to make some recommendations of how I think we can avoid raising Millage.
Compensation, if we go ahead and pay the remainder of the 2007 Compensation Plan and forgo
the 2008 progression and merit increases that saves about $270,000 based on your numbers.
Let's say we didn't do a hiring freeze on Public Safety and did it on non uniformed that would be
roughly $600,000 based on your percentages. I am going to support cutting trails. When we do
the 2009 budget I want to ask for that money back but I don't have a problem with cutting trails.
If we do 60/40 split you said it was about $1.5 million. With those items put together that equals
to about $2.4 million in savings which is a little over what we need according to your $2.3
million number. I can't say that I am married to every one of those ideas. If we do a 60/40 split,
my recommendation is that we do it for one year only that it sunsets at the end of 2008 because I
don't like that idea frankly. I think it should stay 50/50. Right now we are talking about 2008 so
I wouldn't have a problem shifting that just for 2008. I would recommend that if we do that then
six months from now that we come back and review the budget, where we are at that point and
see if we can bring some of this back in or see where the sales tax is. Maybe we are going to be
better off or we may be worse, we don't know. At that point if we decide that we need Millage
then I am willing to talk about it then. Right now the citizens are not convinced that we need the
Millage. I haven't heard one person that supports that. We are up here to represent them and I
want to do what they think is right. Another reason I don't support the Millage is you just talked
about cushion. We only have so much money in reserve. This Millage is also a cushion because
we can levy up to five mills. So if we start using all our cushions we get to some point down the
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October 16, 2007
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road where we don't have any cushion left and it is really going to get ugly. I think we should
try to do what we can now to balance budget and forego voting in the Millage.
Mayor Coody: We did the 50/50 raises because we had to bring everybody up to market, half
the raise was this year and half was 2008. So even though we said we would be giving the other
half in 2008 you are basically saying hold off on that. The increase in 2009 would be 2008's
raise. Would we just continue to have no raises?
Alderman Cook: If there is any where that we put money back in it is going to be employee
raises because we promised them. I think if anything, the COLA would be the thing we should
fund more than anything. That is what gets us behind faster than anything. If we don't try to
keep their salaries up every year then we are going to get further and further behind. Really the
bottom line is how much money do we have? Six months from now if we sit down and look at
the budget and things are good then maybe we can throw that back in there.
Mayor Coody: On the hiring freeze part, this would be that if somebody quits or retires, we
don't replace them. So we wouldn't replace people on a random basis.
Alderman Cook: If we have to replace positions then they can come back before Council and
we will review it.
Paul Becker: Yes it would get us through but it is a short term solution
Alderman Ferrell: Paul, Kyle mentioned the 60/40 that you had mentioned before as your
recommendation. I have seen some different figures on that. Kyle's recommendation would be
just for this budget year. Are you comfortable with if something like that were to be passed that
when it comes budget time next year that you are going to go back to 50/50?
Paul Becker: No, because that means we would have to gain in sales tax approximately $1
million, if we gained a million dollars more than expected, we could do that. That would be the
magnitude that we would be looking at. In other words we would be revisiting the entire issue
again next year. I would be comfortable reviewing that but everybody needs to understand that
we would have to look at that again next year. Unless we had $1 million additional in some
other source of revenue, we would be in exactly the same position we are in this year.
Alderman Ferrell: What would the difference between a hiring freeze on all personnel and not
exempting Police and Fire?
Paul Becker: Police and Fire are about 60% of the number that I gave you. The largest
majority of them are Police even more than Fire. That number would come down roughly
$185,000, if it's everybody we are talking about roughly $376,000 per quarter or a $1.5 million
per year. Again, we have already packed $316,000 into that because we are budgeting at 98% of
full employment.
Alderman Ferrell: Kyle, was your idea on that, regardless of which freeze came about, that if
we lost a critical employee that would come before the Council for approval?
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Alderman Kyle: That is the way we used to do it.
Paul Becker: I think that would be a necessary step.
Alderman Thiel: I sent Paul a question and I don't think you have the answer yet about whether
or not that money that is obligated to the Beaver Water District is coming out of the Water Sewer
Fund or the General Fund because that is $200,000.
Paul Becker: I don't have that answer yet. I will discuss that with David as soon as he gets
back.
Alderman Thiel: What concerns me is the public's perception that they have not seen any good
examples of why we can't cut more than we have cut. The only example they have seen was a
lot of folks don't think that taller grass is really worth an increase in Millage that is the
perception. I think the people on the Council are aware that it is more than that as far as services
offered to the community. I think we haven't done a very good job of explaining that. I think
the fact that Kyle has come out with some ideas, that indicates to the public what we would have
to do in order to make this work without the Millage. I don't know if I support the idea of not
having either merit raises or COLA. I think that will throw us back to a point of no return. I
think a lot of Kyle's recommendations are good. It really concerns me that we have not had an
opportunity to look at a budget. Tonight in our boxes there was a program expenditure summary
which is a little bit more than we have seen so far. I can go through here and I have several
questions about why some of these divisions were increased. Some of them have done a very
good job of cutting. I would have a question about Human Resources, that is $160,000 more. ,
Paul Becker: Human Resources has Worker's Compensation in it which has increased, also
most of the increases you are going to see into those budgets are in the personnel category and
that is because of the compensation plan last year. In Human Resources we also brought on a
new advisor for benefits, etc.
Alderman Thiel: The Mayor's Administration is plus $33,000. I don't want to necessarily get
into a discussion of the budget because we have not seen it entirely. I am just pointing out that
there are questions. The Aldermen are responsible for passing this budget and we hear from our
constituents what they want, what they would support and what they won't support. With us
trying to make this decision without having a budget that we can review our constituents may
feel like that is not necessary. It really does make it difficult for us to make this decision about
the Millage. It seems like every year we end up at this point. I know it is difficult for you.
When do you get all the divisions budgets?
Paul Becker: In August we put them together.
Alderman Thiel: We have had this discussion too, let's start discussing the budget earlier, and
it seems like it has gotten shoved a little later this year than it has in the past.
Paul Becker: No, this is not later this year, that was not passed out until November in the past.
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Alderman Thiel: No, we started looking at the budget in October.
Paul Becker: I think that last year it was the same summaries that I have given. I will keep
feeding data as we have it.
Alderman Thiel: I'm just saying it does make it difficult for us to make this decision. There
might be $200,000 out there that could be shifted back to Water and Sewer. It concerns me...
Mayor Coody: I share everyone's concerns; yes the public is always against raising taxes pretty
much unless it's proven to them that it is the best alternative,` doing nothing. I wish we could
do a better job of explaining to the people. We don't own the media so it's hard for us to get a
complete message out there like I wish we could. There are some things that concern me about
this and I am not crazy about raising taxes either. One of the reasons we are having this
discussion yet again is because every year we tend to take the staffs recommendations and these
guys are good at what they do. The last three years we have not taken their recommendations
and we have made a band-aid approach, we will do less than what they are recommending and
hope for the best. The best doesn't happen, and then we will take the next recommendation and
do less than that and still hope for the best and the best doesn't happen. We keep doing this. I
have a feeling this Millage is going to fail, but the thing that scares me is not just 2008, but future
City Council's and future Mayor's are going to be dealing with what we are putting in place
today. I for one can't look at the bottom of my feet and think that we are looking at the vision of
the future.
Mayor Coody gave past examples and expressed his reasons why the Council should pass the
Millage increase now instead of later. We need to look at the slide in our sales tax revenue, we
are so loaded up with sales tax, we are out of balance relying on sales tax. It is the most
regressive tax that you can pass. We do not have a diversified portfolio for our revenue stream.
If we say no to this, then next year I don't think anyone is going to vote to raise property taxes
four days before an election. If things do not go as well as we hope we are going to be in a real
bind by 2009 because we will have accumulated years of a sinking General Fund. The decision
we make right now is what we are going to live with for the next three years from my
perspective. I would rather be cautious and hope for a soft landing and not just hope for the best
and if it doesn't work out we will deal with it later because later could be very draconian. I don't
want to raise taxes right along with anybody else, but that is the issue. We can't just look at
2008.
Alderman Thiel: I don't feel like we can pass this tonight. Some of us have not had a chance to
review this that was given to us. We have another opportunity; we can hold this until after the
agenda meeting. Between now and then we need to get the information out to the public what
this means. I don't know how much the public is concerned about merit raises for our
employees, they should be though, because we will lose good employees and I think that is
something that could be emphasized. I just don't think we have done a good enough job yet and
hopefully we can do it in the next two weeks: between now and the next agenda meeting. It's not
a matter of hearing from our constituents either as much as it is feeling comfortable and
educating the public:
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The analogy that was in the newspaper was not a good analogy. I think there are a lot more
things in this than that and we need to get that education out.
Mayor Coody: Two years ago we got our staff to cut back even though our population is
growing and inflation is running every year. Our buying power is shrinking along with every
other dollar in the country. We asked our staff, even though we are loading them up with more
and more work because of a higher population that is demanding more services, to cut. This year
we asked them to make another cut which was on top of the cut before. The year before that was
a tight budget year too. We have been tightening the belt and getting more and more efficient.
The staff performs at a superior level to any government that I have seen. We get compliments
all the time. We are the lowest taxing city in Northwest Arkansas.
In 1993 we rescinded our mills due to the school increasing their Millage. That set the stage for
us having to get more efficient which is a good thing. We have reached the point where inflation
and a growing population we can't continue to tighten our belt to the point that we start losing
staff and have to also cut back on services at the same time that our population is growing. We
are not seeing a reduction in the need for services that is the thing that concerns me. We will try
and do a better job to educate the public more on what this less than one mill increase would do
for us. It is a concern that every year we keep putting off the inevitable.
Alderman Cook: Where does it end though, that is what makes me nervous? At our Ward 2
meeting several of the citizens said if we have been demonstrating efficiency and tightening our
belt then show it to them. Let's go back five or six years and show them where we have done
that. People aren't convinced of that.
Mayor Coody: It's hard to educate folks because everybody is so busy and they don't pay
attention until times like these and they don't look back. Everybody recognizes the high quality
of services. They don't recognize though that we are doing it for less money than any other city.
That right there is proof of efficiency, it's just hard to get that word out sometimes.
Alderman Ferrell: Mayor, with all do respect, I think that your administration comes to us with
recommendations and we look at them and more often than not we take their recommendations.
However, at the end of the day they are not policy makers, we are the policy makers. We have to
do what we think is the right thing to do to get from point "A" to point `B". We share your
concerns about the revenue. We can't keep going to the well. We have to come to some kind of
compromise.
Mayor Coody: The City Council is the policy setting body, you approve the budget. You can
do anything you want with this budget and we will live with it one way or the other. To make
this budget whole the compromise was that I think we can do it for .9 because of the Sam's
opening up and the Malco opening. I am banking on a good financial future even though I don't
think we have seen the end of the drain of the resources of the sales tax from Fayetteville
because of what Rogers is doing. I am concerned that this .9 mill is the compromise. Paul has
said he is not convinced that this .9 is going to do it. If we do hold off on raises and those good
times don't return, then that is just going to make it when it does come time to catch up, it will be
a huge spike in spending just like we had three or four years ago. We will be back in the middle
E_
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of those problems that we thought we had solved.
some.
City Council Meeting Minutes
October 16, 2007
Page 9 of 20
It is our job to really look down the road
Paul Becker: In answer to Alderman Thiel's question, she is correct and we should look more
in depth at the budget and we will do that and keep feeding you data as we can. That certainly is
going to be an ongoing thing between now and when we pass the budget. That is something we
are intending to do and should do.
Mike Reynolds, Police Captain speaking on Chief Tabors behalf gave a brief overview of the
Police Department budget. He discussed past budget cuts that have been made. He stated Chief
Tabor feels that any more reductions would cause him to eliminate our park patrol division and
our school resource officers. The priority one and two calls continue to increase. The response
time has continued to increase from 2006 to 2007. He stated that with any other reductions we
would not be able to provide the service that the citizens of Fayetteville have come to expect and
the Police Department that we feel is the best in the state.
Alderman Thiel: I think that is a very good example to the public of what we might lose if we
do not fund this. If the Millage increase is not passed, you have to reduce that even more. You
have already tightened your belt to that point, is that correct?
Mike Reynolds: That is correct. We have had no increases in our budget other than personnel
services which is compensation since 2006. We are to the point where we can't tighten our belts
any more and Chief Tabor is not comfortable with the proposed budget he has right now.
Alderman Thiel: I think you have cited some really good examples of how we have tightened
our belts and I hope that some of this does get out to the public.
Alderman Ferrell: Did you say that if there are further cuts made or if it goes the way the
budget is that the recommendation is to stop park patrol and the officers in schools?
Mike Reynolds: That is correct Mr. Ferrell. If we are asked to make more cuts, we will have to
make cuts in services. Right now with the budget we have presented, we are not to that point,
but if staff comes back to us and asks us to make any further cuts than what we have made then it
will have to be personnel.
Alderman Ferrell: I just wanted to make sure that the budget that is already in for the Police
Department is the one that you have been looking at Paul, is that correct?
Paul Becker: That's correct.
Mayor Coody: So basically, their numbers assume that we approve the .9 mills. Isn't that
right?
Mike Reynolds: Yes sir.
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Alderman Ferrell; If there was a shuffle and they take away from what the budget is right now
you might have to stop those things.
Mike Reynolds: That is correct; if we are asked to make any more cuts at all past the point that
we have already made it will be personnel.
Dominic Swanfeld, representative of the Fraternal Order of Police discussed how the wages will
be treated even if the Millage does not go through. He stated with the progression raises not
moving forward as we were told last year that they would, it would place some officers without a
bump in salary for five to seven years. He asked what happened with the progression raises. We
were told that the progression raises would continue and now they have been put on the chopping
block.
Last year Mr. Ferrell did not make any promises he said as long as we did not run out of
emergency funds the COLA would be there. He discussed the raises they have received in the
past and also what they have not received in raises during past years. There are long term affects
that not receiving progression raises will cause. Our buying power is shrinking, costs are going
up, and if we don't get a COLA our buying power is down. In the long run I suspect you will
have officers leaving this department and moving into private business. I would be curious to ask
City staff what happened to the progression raises.
Alderman Ferrell: What happened was the revenue for the City was not where it was going to
be. I would like to correct one thing you said, you stated that I said you were going to get your `
COLA. There were three members of the committee and what we told you every time was "if
the revenue is there".
Dominic Swanfeld: No, you said if the emergency fund ran out.
Alderman Ferrell: I disagree with you.
Dominic Swanfeld: Okay, I've got minutes here from the meetings.
Alderman Ferrell: Okay, that's fine. We said if the revenue was there. What did you mean by
emergency fund?
Dominic Swanfeld: I don't know what you meant by that sir.
Alderman Ferrell: You've got garbled transmission buddy. We said if the money was there.
Dominic Swanfeld: Was that to go to the COLA or progression raises.
Alderman Ferrell: All of them.
Dominic Swanfeld: Absolutely not, that is not correct.
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Mayor Coody: I am going to call this conversation quits because it's getting a little more
hostile than I like. We will visit about this and get it buttoned up. I don't think the COLA's
were promised, I know the raises were, but I don't think the COLA's were.
Dominic Swanfeld: That is correct. The raises were promised.
Alderman Ferrell: Provided we had the revenue.
Alderman Thiel: By progression raises do you mean step raises?
Dominic Swanfeld: Yes Ma'am.
Alderman Thiel: You have not received step raises?
Dominic Swanfeld: In 2008, no.
Alderman Thiel: Well no, not in 2008, so they are not funded in 2008. The step raises are not
funded in 2008 whereas the merit raises are? Is that correct?
Mayor Coody: The question is has the budget staff eliminated step raises for the police for
2008?
Paul Becker: No.
Mayor Coody: I didn't think so. I think the step raises probably are in there, we wouldn't have
cut those out. We are treating everybody equal.
Dominic Swanfeld: So progression raises will be given in 2008?
Paul Becker: The progression raises are in the proposed budget for $35.5 million.
Dominic Swanfeld: For Police and Fire staff?
Paul Becker: This is for Police and Fire and they are based on a number we got from Human
Resources.
Dominic Swanfeld: That is not what I was told.
Mayor Coody: I think you might have been given the wrong information. You might talk with
the budget staff and double check that.
Alderman Jordan: It was my understanding that the step raises would be there.
Alderman Gray: Is it dependent upon the Millage increase to get that raise.
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Mayor Coody: If we don't get the .9 mil and we have to cut another $1 million out of the
General Fund, then what happens?
Paul Becker: We will have to discuss the options that we have been talking about.
Mayor Coody: So basically, if the .9 mil isn't approved they are going to have to come back
with a budget that reflects $1 million more cut out of the budget and everything is going to be in
the table including wages. Wages is 80% of our budget.
Paul Becker: 82% of the General Fund is personnel.
Mayor Coody: There is no way we can cut $1 million without having a direct impact on our
personnel
Dominic Swanfeld: Last year we were told as we went into 2008 we would continue to get
progression raises across the board until you got to the maximum of the range. Is it the city
staff's philosophy that we will get progression raises across the board every single Police and
Fireman next year?
Mayor Coody: You would have to talk to the Wage and Benefit Committee and the Budget
staff.
Paul Becker: They are going to have to talk to Human Resources on that.
Mayor Coody: I want to make sure that everyone is on the same page. I know we are going to
discuss this at a later Council meeting. There is too much confusion right now for us to be
talking about progression, step, 2007 and 2008.
Dominic Swanfeld: If the answer is that we have to ask HR then that means no, we aren't going
to get it. If we were going to get it we should know.
Mayor Coody: I am asking you to talk to the Budget Staff and HR and everyone get on the same
page, because there is too much confusion where you are calling progression verses step verses
what the Wage and Benefit Committee remember and what you remember. Everybody needs to
be on the same page. We are not going to vote on this tonight so we will discuss this again and
you will have a chance to get this completely straightened out.
Alderman Jordan: I believe what I am seeing in the documents we have been given is that the
step is in next year's budget. We will have to get in to where the cuts would be made.
According to what we have, the steps seem to be in the next budget, is that correct Paul?
Paul Becker: That is correct.
Gary Dumas: If the Council recalls in one of the budget sessions, a memo was given to you that
talked about merit and progression. On the progression it indicated that if you were above
market, there would not be an additional progression increase because as we talked about in the
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Compensation Committee meetings last year, every job has a maximum value. What we were
trying to do was move everyone to market. The funding of the remainder of the Compensation
Plan will have everyone moved to market and if you are above market you will not be advanced
above that until you have caught up in time.
Dominic Swanfeld: That affects about eight officers for about $8,000 with the City Police
Department.
Alderman Jordan: To me Dominic, I do not think that we are going to give merit raises to the
non uniformed personnel and not give something to the Fire and the Police.
Mayor Coody: Everyone is going to be treated the same.
Dominic Swanfeld: If that is the case, I understand that, but as it stands right now all merit
employees will get a raise and about eight Police Department employees will. That is the current
proposal on that desk right there.
Fire Chief Tony Johnson: I want you to know that I support the 2007 Millage levy. In
working with Budget and research, we began taking a look at our budget last year and it began
with phasing firefighters in and the final step is to add one. I ask that you fully fund the Fire
Department to our request which is why I am supporting the Millage levy of 2007.
Mayor Coody: Why don't you describe the ratings that we have for the fire service here in
Fayetteville.
Fire Chief Tony Johnson: Currently the City of Fayetteville has an insurance service
organization rating of a four. That rating is from one to ten, one being the best and ten being the
worst, or no fire protection whatsoever. We are on the verge of a number three rating which
represents a deduction in the fire insurance that our residents pay in the City of Fayetteville. I
will be calling for a rating review from the Insurance Service Organization in Chicago as soon as
we complete Station #3 and move our crews in there. We believe that we are prepared to reduce
that rating or to go for a better rating. This will also improve our response time.
Chief Johnson gave examples of the positive difference that the Fire Department has on
Fayetteville.
Alderman Thiel: What was our rating?
Mayor Coody: Four.
Fire Chief Tony Johnson: It has been a four for about five years.
Mayor Coody: We can't build new stations and not put men and women in it so as we build a
station we staff it with minimal staffing, three people per apparatus and we have just enough
apparatus to really handle a territory. We have been spreading our stations out in such a way to
have better response times. Also getting our water system rebuilt in such a way that we can keep
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higher pressures across town better. With the increased water infrastructure and fire service
infrastructure that is going to improve our rating which will decrease the cost of home owner's
insurance.
Fire Chief Tony Johnson: I ask the Ward 1 representatives, I strongly support this legislation
and I ask of you collectively as well. Thank you.
Alderman Jordan: I think the number one priority of the Council, for the employees, they are
not going to send anybody home. I can assure you that I don't want to send anybody home. We
are having to work on what we think is best for the City while we try to keep everybody working
at the same time, that is a difficult task facing us right now. There has been some stuff brought
up here tonight that everyone needs to go back and have more meetings and see what we can
work out. I know that everyone up here is open minded and fair minded and I can assure you we
will do the best we know how to do for you and the citizens.
Alderman Allen: I think that public education and public misconception is important. I think
that people have a feeling that we are not being very good stewards with their money.
Everybody knew that at some point the economy would soften and it has everywhere. I feel like
that in order for the citizens to have a good feeling about any kind of a Millage that they have to
feel like the City has done everything that they could possibly do to tighten their own belt and
look at every feasible thing. It seems like June would be a good time to reevaluate this and see
how this has impacted us. I certainly want to take care of our public safety people that is the most
important thing we can do for our citizens. I don't feel comfortable passing this kind of vote
until I feel like we have done everything we can do to show the citizens that we are sucking in
our belts.
Mayor Coody: I know for the last several years we have examined it all. It doesn't get any
more factual than the budget numbers from the Police Department and the same for the Fire
Department. People think that Fayetteville is an expensive place to live because of taxes we are
by far the lowest taxing City in Northwest Arkansas. We are well below everybody else and we
provide better service. I don't think the citizens want us to decrease our services. It's easy to
say we just need to tighten our belts but when it comes down to it the belt tightening is going to
be who gets to go home for good. We are being very conservative. We want to provide good
services.
Alderman Gray: I may be the only alderman, but I have had my very strongest supporter tell
me to raise the taxes. They realize that it has to happen in order for us to continue the quality of
life and service that we are used to in Fayetteville. We have inflation in every area why would
we not expect to have it in our city government. I don't want to down the road have to add three
or four mills. I feel like we need to take this step and as my supporters have said lets- raise this
Millage so we can take care of some of our concerns at this time and not keep getting further
behind. I will be supporting this Millage increase.
Alderman Ferrell: There
were some
members of the Council and
staff that spent countless
hours on the Compensation
Committee
and we were working with all
employees trying to look
for a way to come out with
a good deal
and make a recommendation.
I am confident that at the
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end of the day whatever is decided, this Council is going to do their best to try to make sure that
we are fair with what we do.
Mayor Coody: I know that the Wage and Benefit Committee and Compensation Committee
spent a lot of time on this and really poured your souls into it. We all owe you a debt of
gratitude for the amount of time you all put into that effort. Thank you very much.
Alderman Lucas: I am still struggling with this. I realize that the staff has worked real hard on
this to get this budget to us. She gave examples of past budgets that she has experienced when
working for a hospital. I don't think the answer every time is to dip into the reserve or to
increase sales tax or Millage. I just don't think that is the solution every time.
Alderman Cook: So are we going to wait until Agenda Session to discuss it again?
Mayor Coody: Yeah, I would suspect so.
Paul Becker: If I may suggest, we have to pass it in October so we would have to have a special
meeting for passage.
Alderman Thiel: Hopefully a lot of this information can get out to the public one way or
another and if there are questions about the airport that does need to be clarified.
Paul Becker: The airport is an enterprise fund and it doesn't relate to this particular discussion.
Alderman Thiel: We haven't actually started funding that yet have we?
Mayor Coody: No, it has been paying its own way. It has its own budget and funding. There
was a lot of wrong information passed around about it. I think our airport staff sent out an email
to correct all the misinformation.
Paul Becker: I would suggest that we set a meeting time and have all the departments come in
and you can address the questions on the budget and what they have done in the past.
Mayor Coody asked the news reporters present at the meeting is there a chance that we can get
with you and the Department Heads and do a feature story on this issue. He discussed the impact
the passage of the Millage would have on a resident.
Alderman Jordan: I would like another budget session before we vote on this.
A discussion followed on a date and time to meet for a budget working session.
The Council decided to meet Thursday, October 25th at 4:30 PM.
This ordinance was left on the Second Reading.
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Mayor Coody discussed the Environmental Protection Agency's arrival in Fayetteville on
October 251h
NEW BUSINESS:
Riparian Zones Protection: A resolution to protect and restore riparian zones.
Mayor Coody read the entire resolution at the request of Alderman Thiel
Alderman Thiel: The Environmental Concerns Committee worked on this and felt very
strongly that we needed to protect and restore our riparian zones whenever we had the funds
available to do so. Kent Landrum was a big part of us working on this and I think it is a good
thing as a reminder to the public that our riparian zones are very important to our water quality.
Alderman Ferrell: Isn't this what Geo-Syntec is making recommendations on?
Alderman Thiel: Actually they are going to do a lot more than that; they are going to look at
ways in which we can reduce our phosphorous levels into Beaver Lake.
Alderman Ferrell: I thought that was one of the ways we could do it by protection.
Alderman Thiel: I think that everything we have done in here they will highly recommend and
they might go beyond what we have recommended.
Alderman Allen: I think this is a good resolution and I move for approval.
Alderman Allen moved to approve the resolution. Alderman Thiel seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 185-07 as Recorded in the office of the City Clerk
ADM 07-2748, R-PZD 06-2190 (Woodbury): An ordinance amending a Residential Planned
Zoning District entitled R-PZD 06-2190, Woodbury, located on the south side of Zion Road and
east of Taliesin Lane, containing approximately 11.66 acres, to reflect revised building setbacks
in Planning Area 2 as described and depicted herein.
City Attorney Kit Williams read the ordinance.
Tim Conklin, Planning and Development Management Director gave a brief description of the
item. He stated they are just asking to amend the PZD to allow them to build what was shown
on the plan and modify the booklet.
Alderman Cook moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed unanimously.
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City Attorney Kit Williams read the ordinance.
Alderman Cook moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5070 as Recorded in the Office of the City Clerk.
VAC 07-2722 (Menninger): An ordinance approving VAC 07-2722 submitted by Alan Reid
for property located at 301 South West Avenue to vacate three rights-of-way: the alley along the
west side of the property, a portion of West Avenue along the east side of the property and the
full width of the un -constructed extension of South Street on the north side of the subject
property, a total of 0.30 acres.
City Attorney Kit Williams read the ordinance.
Tim Conklin gave a brief description of the item.
Alderman Lucas: You are vacating South Street?
Tim Conklin: We are vacating South Street but we are leaving about 20 feet of the east end that
is along West Street and not vacating that part.
Alderman Thiel clarified which map was the correct map.
Tim Conklin stated that the one that was handed out at Agenda Session is the correct map
Alderman Cook moved to suspend the rules and go to the second reading. Alderman Allen
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Thiel: I haven't heard from anyone in that neighborhood and they are pretty active
about their concerns. I feel comfortable with it since it's putting that much more into the city
park.
Alderman Thiel moved to suspend the rules and go to the third and fmal reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
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Tony Menninger, the requester asked what changes had been made.
Mayor Coody: Is this something that can be explained quickly or should we leave it on the third
reading until the next meeting?
Tim Conklin: I think we should leave it on the third reading and we can talk more about why
staff worked with their surveyor and made that recommendation.
Alderman Ferrell moved to table the ordinance to the November 6, 2007 City Council
meeting. Alderman Rhoads seconded the. motion. Upon roll call the motion passed
unanimously.
Mayor Coody stated Tim can work with you on this and we can discuss it again in three weeks.
2008 Employee Benefits: A resolution approving the placement of group major medical
coverage with Blue Cross/Blue Shield of Arkansas to run from January 1, 2008 through
December 31, 2008, with the right of renewal for four annual renewals; renewing COBRA and
Section 125 Cafeteria Plan administration with Datapath; HSA account administration with Delta
Trust & Banking Corp.; employee -paid dental insurance with Delta Dental; and accidental death
and dismemberment coverage with ACE -USA for plan year 2008.
Missy Leflar, Human Resources Division Manager gave a brief description of the employee
benefits. These are the only city paid services subject to Council approval at this time and of
those the only thing that would be different than last year is the health insurance. She discussed
the selection process and stated the Benefits Committee voted in favor of Blue Cross. She stated
that the expense is almost $1 million less than if we would have stayed with CIGNA for 2008.
Mayor Coody: In 2009 what do you expect to happen to this premium amount?
Missy Leflar: We quite frankly expect it to go up and we were advised before we voted by our
brokers that employees and the City should expect it to go up. The bid came in low to entice us
to do business with them. The Health Benefits Committee does expect it to go up next year. It is
going to get more expensive and not less. She went on to discuss the Human Resources budget.
Mayor Coody: Which fund would pay for this increase next year and the following years?
Missy Leflar: General Fund. I would like to add that Stephen's Inc. did negotiate a 15%
reduction in the Delta Dental benefits which is employee paid. and does save the employees
$64,500. I think they are doing a really great job.
Alderman Jordan: I think this is wonderful I am going to move for approval.
Alderman Ferrell: This is one of the few committees that I have served on that I was really
impressed at how knowledgeable the members on the committee were. It has to do with their
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own benefits. The questions they asked were good questions and Stephen's Inc. gave very
candid answers but I was impressed that the employees know that this is what it is going to cost
and everyone was well informed. You did a great job at that Missy. Thank you.
Mayor Coody: Do you have any idea how much it might go up in the subsequent years?
Tom Kane, a representative of Stephen's Inc.: Based on Blue Cross's trend it's about 8%
across their entire book of business. That is going to vary based on demographics and industry
and other factors.
Mayor Coody: If you apply that 8% to us what kind of dollar amount do you think that looks
like?
Tom Kane: Based on the premium we are projecting for 2008, 8% would be somewhere in the
neighborhood of $270,000.
Mayor Coody: And in 2009 you could just project another 8% on top of that?
Tom Kane: Yes. We have some ideas that we have discussed -WAS-. Vlisgy that' �v ,can start
implementing over the next few years and hopefully mitigate some of those increases.
Mayor Coody: But we can plan on a quarter million dollar increase for next year.
Tom Kane: If nothing is done to change.
Missy Leflar: The Council also does need to approve or disapprove the staff recommendations
on the allocations on the increases in the memorandum. Staff recommends that with regard to
the traditional health plan that the City follow what it has done historically which is split that
percentage of increase evenly with the employees and that the city absorb the high deductible
plan cost.
She pointed out in the packet where that memorandum was located. She explained the coverage
expenses.
Alderman Ferrell: What was the net effect of the City picking those up?
City Attorney Kit Williams: I can say that usually that actual decision is made at budget time
with the budget as opposed to ahead of time and the resolution does not reflect that.
Missy Leflar: Open enrollment begins the week of November 12th and they are going to need to
know so that they can make decisions on what would be coming out of their paychecks.
Alderman Ferrell: Your recommendation is that the City do this?
Missy Leflar: Yes.
1
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City Attorney Kit Williams: If you want to actually divvy up the cost of the increase according
to what has been recommended to you by Human Resources and the memo then you need to
have Section 3 in your resolution to adopt the recommendations of the staff in the way you
divide up the increase.
Alderman Ferrell moved to amend the resolution to add Section 3. Alderman Jordan
seconded the motion. Upon roll call the motion passed unanimously.
Mayor Coody asked shall the resolution pass. Upon roll call the resolution passed
unanimously.
Resolution 186-07 as Recorded in the office of the City Clerk.
Meeting adjourned at 7:50 PM
Dan Coody, Mayor
Sondra r:. Smith, City Ulerk/Treasurer
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