93 Feb 04 IN / \
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 4, 1993
• 7:00 P.M. - 7:40 P.M. ��U
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REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in
Regular Session on February 4, 1993, at the regular meeting place
! of the Council" Alderman Lewis delivered the invocation after
which Mayor Tommy Swaim led the standing audience in the "Pledge
of Allegiance to the flag.
ROLL CALL:
Aldermen: Knight Smith, Lewis, Sensing, Ray, Wilson, Keaton
and Twitty answered ROLL CALL" PRESENT, eight (8), ABSENT,
(2). Alderman Fletcher and Williamson were not in attendance.
Aldermen Twitty arrived at approximately 7:05 p.m. Mayor Tommy
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Swaim also answered ROLL CALL and declared a quorum.
Others present for the meeting: City Attorney Robert E. Bamburg,
Deputy City Clerk Susan Goings, Mayoral Aide Michael Beeman, City
• Engineer Dunne Reel, Public Works Coordinator Skip Spears, Finan-
ce Director Paul Mushrush, CDBG Director Tony Ply, Intern from
� ASU Betty Anderson, Park & Rec Director Annabelle Davis, Chairman
of the Marshall Smith Memorial Project Mr. T.P. White, other city
• employees, interested citizens and members of the press.
PRESENTATION OF MINUTES: I
Mayor Swaim presented the minutes of the Regular City Council
Meeting of January 21, 1993 for study and action at the next
Regular City Council Meeting.
City Clerk Lu Leonard announced corrections to be made to the
presented minutes; the spelling of Mr. yillines on page seven"
APPROVAL AND/OR CORRECTION OF MINUTES: REGULAR CITY COUNCIL
MEETING JANUARY 7, 1993
Alderman Smith moved, seconded by Alderman Sensing that the
minutes of the Regular City Council Meeting of January 7, 1993
be APPROVED" MOTION CARRIED.
CONSENT AGENDA: a. ANIMAL. CONTROL DEPARTMENT Regular Monthly
Report/January 1993.
Mayor Swaim pointed out that Animal Control has been able to make
improvements over the past months and is now looking at the
1 possibility of expanding the holding pens' He further related
that some of the local veterinarians would serve on a committee
to help with the euthanasia situation in hopes of increasing the I adoptions for Animal Control.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 4, 1993
7:00 P.M. - 7:40 P.M.
Alderman Lewis moved, seconded by Alderman Sansing to approve the
monthly Animal Control Report for the month of January 1993, that
report reflects the following: CONTRIBUTIONS $25.00,
ADOPTIONS/FINES $486"00, SECURITY DEPOSITS $425.00 for a total of
$936.00 for the month of January 1993. MOTION CARRIED.
WATER DEPARTMENT:
SEWER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT: Request to Accept Bid: Concrete Culvert
Mayor Swaim related that while this was the only bid received he
believed that the price is competitive. He further related the
desire to hid the contract rather than pass an ordinance to waive
competitive bidding"
City Engineer Duane Reel related that the company is a local one
and in the past they have always delivered on a timely basis with
good service.
Alderman Keaton added that he also believed the price to be very
competitive,
Alderman Smith moved, seconded by Alderman Ray to ACCEPT the low
bid of $21,516.00 from Dalworth Quick Set. MOTION CARRIED"
PARKS & REC. DEPARTMENT:
SANITATION:
PLANNING COMMISSION: Marshall Smith Memorial Park/Matching
Funds for Dupree Park Playground Equipment.
Mayor Swaim related that this organization was -formed to raise
funds to build a memorial to Mr. Marshall Smith, a local business
man. He expressed pleasure on behalf of the City that Dupree
Park has been chosen as the Park where the memorial and the new
playground eq will be placed,
Chairman of the organization Mr. T.P. White was asked to come and
speak on behalf of the Memorial to Mr. Marshall Smith.
•
CITY OF JACKSONVILLE, ARKANSAS
• REGULAR CITY COUNCIL MEETING
FEBRUARY 4, 1993
I
7:00 P.M. - 7:40 P.M.
Mr White related that the orcanization has been able to raise
$20,000.00 toward .J projected; ed total cost of $15,000.00. He went
on to say that t:.hc oroanization has topped out without
asking or
donations from the same people -'..
again and that in his estimation
i
.. -0 more he expected
they they were able to raise about $1,000.00 ���� than had a
when he agreed to chair the committee.
Alderman Keaton moved, seconded by Alderman Wilson to APPROVE up
• to $15,000.00 from the Capital Improvement Fund as matching funds
for the memorial proiect. MOTION CARRIED.
GENERAL: CDBBG P1 Hearing: Ref: $71,000.00 Additional fun -
• ding.
-
Mayor Swaim opened the public hearing at :15 p.m. and invited
I Mr. Tony Ply from 1..17L'i_l to give a dr'. e + overview of the oY "'.:; .. .._ _ ..
for the additional funding.
received 1.00ii.00 the Hud
Mr - . Tony F'1.,:• related that C7.:i._ti_ . -,- d b':
Projections .f 1991 - -
__. L)n5 rt' " 1•:Y� :� which was Hot included in the statement of
ob iecti ves br ouoht be+or e Council i l of December emb 17, 1992 .doi nn 111 that in the pr li
previous statement e related that any additional
funding over the projected $268,000.0 would be split between two
current projects, the Sunnyside Addition Phase V and Peach Street
with an equal amount of 35,500.00 going to each. He further
related due to the percent.acte of the $71,000.00 Hud regulation
requires an additional public hearing for the proposal of those
funds.
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Alderman Smith moved, seconded by Alderman Lewis to APPROVE the
additional funding to be used with the Sunnyside Addition and
i Peach Street with $35,500.00 to be spent on each.
_. 999 91 . .- State Contract t
b. ORDINANCE 999 04 r;�_. -; _.�1� _ Participation
Robert Bamhurc; have the a
related that while we t!.
City Attorney _ we
t.hority to participate in the state purchasing contract program
the ordinance would free us from having to waive competitive
n purchased - 000, l(1
t1 :L t:i' "Il n t: each item C• ='c - °" x __ ___ adding that state
contract - i_t pY - 7. C:: F+s are lower than other types o+ bids In most
•
..: much
cases.
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i CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 4, 1993
7:00 P.M. - 7:40 P.M.
Alderman Knight moved, seconded by Alderman Lewis, that Ordinance
be placed on FIRST READING" ROLL CALL: Aldermen: Knight,
Smith, Lewis, Sansing, Ray, Wilson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0)
negative votes. MOTION CARRIED. Ordinance read FIRST TIME by
City Attorney Robert E. Bamburg.
! Alderman Ray moved, seconded by Alderman Smith to suspend the
rules and dispense with reading the Ordinance in its entirety.
MOTION CARRIED,
Alderman Knight moved, seconded by Alderman Smith, that Ordinan-
ce be accepted on FIRST READING. ROLL CALL: Aldermen: Knight,
Smith, Lewis, Sansing, Ray, Wilson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0)
negative votes. MOTION CARRIED. ACCEPTED ON FIRST READING.
Alderman Knight moved, seconded by Alderman Lewis, to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL.
Aldermen: Knight, Smith Lewis, Sansing, Ray, Wilson, Keaton
��� and T�itty voted AYE. NAY (0). Motion received eight (8) af -
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firmative votes, (0) negative votes. MOTION CARRIED" Whereupon,
City Attorney Robert E. Bamburg read the Ordinance for the
• SECOND TIME.
1 Alderman Ray moved, seconded by Alderman Sansing, to further
suspend the rules and place the Ordinance on THIRD AND FINAL
READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing,
Ray, Wilson, Keaton and Twitty voted AYE. NAY 0. Motion re-
ceived eight (8) affirmative votes, (0) negative votes. MOTION
CARRIED. Whereupon, City Attorney Robert E. Bamburg read the
Ordinance for the THIRD AND FINAL TIME.
Alderman Lewis moved, seconded by Alderman Ray that Ordinance be
APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith,
Lewis, Sansing, Ray, Wilson, Keaton and Twitty voted
AYE. NAY 0. Motion received eight (8) affirmative votes, (0)
negative votes.
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing that the
EMERGENCY CLAUSE be approved and adopted. Motion received eight
(8) affirmative votes, (0) negative votes. MOTION CARRIED.
i ORDINANCE APPROVED AND ADOPTED AND NUMBERED 989 THIS 4th DAY
OF FEBRUARY 1993.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 4, 1993
7 :00 F.M. - 7:40 P.M.
c. Request. for Fur /Fr inter for Municipal Cort.
S .
Mayor Swaim .... _ _.�.. n. 1 "r expenditure is drawn from the Small
:... �iw related _. that the ..�. ,i::.. _ i .�
Court _, ..
Claims �i_' r�_ - r, because this is not -. budgeted item and needs
to be approved by a oover no body which is done on an ".as
needed' basis. He further related that such expenditures have
only occurred once or twice in the cast.
Alderman Smith moved, seconded by Alderman Ray to APPROVE the
expenditure of $221.45 from the Small Claims Court Fund for the
purchase a printer for the courts.
There was more discussion r egar - dire
such a purchase from the
contingency fund.
Mayor Swaim related that fi_ndlno from the small claims court can
be used for the purchases for the Court per State Law He fur-
ther related that the Courts woul d he needing a new recording
system and prlc es are being looked at now, adding that bids may
be available at the next council meeting and that funding for
that purchase would come from the equipment or contingency funds.
At this time a vote was taken on the previous motion. MOTION
CARRIED.
d. Employment of an attorney due to "Conflict of Interest" with
City Attorney.
Mayor Swaim related the desire to hire an outside attorney for
the hearing with the Appeals Board due to the fact that a con-
flict of interest exist with the City Attorney in that e member
of his family 1s a Witness. He asked for permission to appro-
priate fund up to 1,500 00 .for the contingency fund to cover the
cost of the services of the attorney.
Alderman Knight moved, seconded by Alderman Lewis to APPROVE
expenditure of $1,500.00 from the Contingency Fund to hire an
outside attorney to represent the City of Jacksonville before the
Arkansas Tribunal Appeals Board on Febrdary 19, 1993. MOTION
CARRIED.
Mayor" Swaim recognized Alderman F eedie Ray to discuss e letter
from Mr. Bobby G Lester Superintendent of Schools.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 4, 1993
7:00 P.M. — 7:40 P.M.
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SCHOOL RESOURCE OFFICER
Alderman Ray related that recently in Sherwood they have estab-
lished a school resource officer at the Sylvan Hills High School.
He related that the officer in the school would serve as a coun-
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selor and role model starting with the elementary schools. He
stated that the Chief of Police would also be involved with the
program if it were implemented in Jacksonville" He asked council
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members to read over the information letter provided and consider
this type of program for the City of Jacksonville.
Mayor Swaim asked for volunteers to form a committee to work on
the feasibility of implementation of the program. The committee
includes Aldermen Rey, Sansing, Lewis and Fletcher.
POLICY MANUAL ORDINANCE DELETED FROM PRESENT AGENDA
Mayor Swaim explained that the ordinance to revise the policy
manual was deleted from the agenda due to current legislation
i which may be passed which would affect laws concerning employee
benefits. The Council conceded to having Ordinance 990(43-93)
tabled.
COMMITTEE ASSIGNMENTS
Mayor Swaim announced that Alderman Wilson who is a senior member
on the council will be serving as Vice Mayor. He related that
not a lot of changes were made with the committee assignments. A
copy of the committee assignments are on file in the office of
the City Clerk.
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RENAMING THE LIBRARY
Mayor Swaim related that a thank you note has been received from
Mrs" Nixon concerning the renaming of the library. He commented
on an appropriate and well deserved ceremony honoring Mrs' Nixon.
� APPOINTMENTS:
ANNOUNCEMENTS: a. PRESIDENTS DAY
Mayor Swaim related that Monday February 15, 1993 is Presidents
Day and City Hall will be closed.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 4, 1993
7:00 P.M. - 7:4() P.M.
b" ' FORUM" for the NEW COMMUNITY CENTER
Mayor Swaim announced that there would be a community wide forum
held directly after the February 18, 1993 City Council meeting
regarding the Community Center.
COUNTY LAW SUIT V. CITY OF JACKSONVILLE
Alderman Smith posed a question in regard to the judgment handed
down in the County Law Suit as to the judges interpretation of a
contract to be signed by the Chief of Police concerning county
prisoners"
City Attorney Robert Bamburg clarified that in the opening part
of the judge's ruling he stated that there was no stacmtte that
authorized payment from the counties to the cities and did not
require a contract or an ordinance requiring only that a reasona-
ble fee be established and accessed. In his ruling to the City of
Jacksonville the judge stated that the City's ordinance which
authorized that the Chief of Police may enter into a contract
with the Pulaski County Officials to provide for the holding of
prisoners in the City of Jacksonville. The judge's interpreta
tion of that was that we were required to enter into such an i
contract due to the ordinance" Therefore, because we had such an
ordinance with no accompanying signed contract he ruled we were
not eligible. However, he included the City of Jacksonville in
the accounting process for the number o+ days and number of
prisoners that the county would be liable for if the case appeal
was successful, the damages would already be accessed and agreed
upon"
ADJOURNMENT:
Alderman Wilson moved, seconded by Alderman Sansing that the
meeting adjourn at approximately 7:55 p.m. MOTION CARRIED.
Respectfully,
^/ 44(7---- i
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- Lu M. Leonard MAYOR / `
y
City Clerk-Treasurer '
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