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93 Feb 04 IN / \ • CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1993 • 7:00 P.M. - 7:40 P.M. ��U 1 ��� 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 � 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. , 1 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. • 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. 1 | (// �� ' 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 - �� 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. I 4 ! 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. 1 |\{� (/ l CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1993 7:00 P.M. — 7:40 P.M. �� 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- • 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 1 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. � 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. � 6 1 \^�/`, ����� 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 ��' ,{^ - Lu M. 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