93 Jun 03 IQ'3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 3, 1993
7:00 P.M. 8:15 P.M.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in
Regular Session on June 3, 1993 at the regular meeting place of the
Council. Alderman Fletcher 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, Ray, Wilson, Williamson, and
Keaton answered ROLL CALL. PRESENT EIGHT (8), ABSENT TWO (2).
Alderman Twitty arrived at approximately 7:04 p.m.
Mayor 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, Asst.
to the Mayor Betty Anderson, City Engineer Duane Reel, Public Works
Coordinator Skip Spears, CDBG Director Tony Ply, Fire Chief Rick
Ezell, Police Chief Don Tate, Parks and Recreation Director
Annabelle Davis, President of the local chapter of the NAACP Mrs.
Betty Farris, Vice President of the local chapter of the NAACP Mr.
Charles LaBron, Mrs. Judy Swaim, other city employees, interested
citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council
Meeting of May 20, 1993 for study and action at the next Regular
City Council Meeting.
APPROVAL AND /OR CORRECTION OF MINUTES:
Alderman Wilson moved, seconded by Alderman Smith that the minutes
of the May 6, 1993 Regular City Council Meeting, with addendum of
paragraph C of page seven (7) and eight (8), be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: a. MUNICIPAL COURT Regular Monthly Report /April,
1993. b. ANIMAL CONTROL Regular Monthly Report /May 1993.
MUNICIPAL COURT: APRIL 1993
Alderman Wilson moved, seconded by Alderman Knight that the monthly
report for April 1993 from Probation Officer Mike Mahone be
APPROVED. Said report reflects cases month ending March 1993, 127.
Cases added in the Month of April 1993, 1, Probations completed,
Month ending April 30, 1993, 5, TOTAL CASES AS OF APRIL 30, 1993,
123, Number of Juveniles on Probation, 0. ROLL CALL: Aldermen
Knight, Smith, Ray, Wilson, Fletcher, Williamson, and Keaton voted
AYE. NAY 0. MOTION CARRIED.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 3, 1993
7:00 P.M. - 8:15 P.M.
ANIMAL CONTROL: MAY 1993
Alderman Wilson moved, seconded by Alderman Knight to APPROVE the
monthly Animal control Report for the month of May 1993. Said
report reflects the following: CONTRIBUTIONS $ 125.00,
ADOPTIONS /FINES $ 648.50, SECURITY DEPOSITS $ 175.00 for a total of
$ 948.50. ROLL CALL: Aldermen Knight, Smith, Ray, Wilson,
Fletcher, Williamson, and Keaton, voted AYE. NAY 0. MOTION
CARRIED.
WATER DEPARTMENT:
SEWER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT: Request to Accept Bid /Oakhurst Drainage
Project.
Mayor Swaim related that the low bidder of Building & Utilities
Construction has requested by letter to withdraw his bids from the
Oakhurst Drainage Project due to an error he made as a result of
leaving out the cost of labor in the final bid projection. The
other requested bid withdrawal is for the Stonewall Drainage
Project. He further voiced that legally, the Council can accept
the next low bid.
City Engineer Reel related that he informed Mr. Lambert of Lambert
Construction that he would need to provide references before the
Council could award the contract to him due to the fact that the
City is not familiar with his company or their services.
Alderman Twitty arrived at approximately 7:04 p.m.
Alderman Wilson moved, seconded by Alderman Knight to ACCEPT the
next low bid of $170,089.00 from Lambert Construction pending
verification of references for services and to allow Building and
Utility Construction to withdraw from the Oakhurst Drainage
Project.
It was pointed out by Alderman Knight that Building & Utilities
Construction would still be low bidder with labor cost added.
Mayor Swaim related that it was not allowable to change a bid once
it has been submitted.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 3, 1993
7:00 P.M. - 8:15 P.M.
Discussion ensued as to the feasibility of keeping the 5% bid bond
posted by Building & Utilities Construction in regard to the
Oakhurst Drainage Project.
Alderman Williamson raised the question of why Building & Utilities
Construction requested removal of bid from the second project known
as the Stonewall Drainage Project.
Mayor Swaim expressed unease at letting him back out from one
project and remain in the other, stating that other contractors may
not want to bid competitively with Building & Utilities
Construction in the future.
After general discussion from Council, Mayor Swaim stated that re-
bidding the Stonewall Drainage Project would be difficult since bid
prices have already been exposed.
At this time Mayor Swaim re- stated the motion before the floor.
MOTION CARRIED.
Mayor Swaim noted that it is Council's privilege to ask Building &
I Utilities Construction to forfeit the bid bonds.
Alderman Williamson sited that it sets a precedence, stating that
an error on behalf of the contractor is the reason for posting a
bid bond adding that it is the same as insurance.
Mayor Swaim stated that withdrawal from a bid of this nature has
not happened in the past, quoting the $60,000.00 difference from
Building & Utilities Construction.
Alderman Wilson stated that it is obvious that Building & Utilities
Construction made a serious error, that if the difference was
$5,000.00 or in that area, he would be more interested in holding
the company to its obligations and /or keeping the bid bond if they
wanted to withdraw; adding that Building & Utilities withdrew an
accurate and low bid willingly from the Stonewall project which
makes for a bit of an offset. He further stated that if he had not
done so he would be in favor of keeping the bid bond.
Alderman Williamson stated that a bid bond protects both the City
and the contractor and feels Building & Utilities should be asked
to forfeit the bid bond.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 3, 1993
7:00 P.M. - 8:15 P.M.
Discussion ensued as to the feasibility for the City if Building &
Utilities Construction is allowed out of the Stonewall Drainage
Project.
Alderman Wilson moved, seconded by Alderman Knight to ACCEPT the
bid of $34,752.00 from S. & .J Construction on the Stonewall
Drainage Project.
City Engineer Reel related that he asked for documentation
regarding error in the bid of the Oakhurst Project but has not
received word from Building & Utilities Construction.
Alderman Wilson stated that he would like to amend his previous
motion to state he did not want to allow acceptance of the bid from
Building & Utilities Construction.
A voice vote was taken at this time on the amendment to allow
Building & Utilities Construction to withdraw their bid from the
Stonewall Drainage Project.
Alderman Wilson moved, seconded by Alderman Knight to amend the
original motion and allow Building & Utilities Construction to
withdraw their bid from the Stonewall Drainage Project. ALDERMAN
WILLIAMSON VOTED NAY. MOTION CARRIED.
Mayor Swaim related that the amendment passed. He then stated the
original motion to accept the S. & J. Construction bid for
$34,752.00.
ALDERMAN WILLIAMSON ABSTAINED. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Knight to retain the bid
bond on the Oakhurst Drainage Project.
Alderman Ray related he did not feel the City should retain the bid
bond and reminded the Council of the difficulty in receiving bids
on the Drainage Project the first time it was advertised. He
stated that he felt like it would be unjustifiable to retain the
bid bond in view of the type of error made adding that it is good
to have someone to compromise with when a mistake is made.
Alderman Williamson reiterated that the purpose of the bid bond is
for when you do make an error; it is there to cover you.
A discussion ensued regarding documentation in regard to the error
made by Building & Utilities Construction and the possibility of
retaining the bid bond on the Oakhurst Drainage Project.
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CITY OF JACKSONVILLE, ARKANSAS II
REGULAR CITY COUNCIL MEETING
JUNE 3, 1993
7:00 P.M. - 8:15 P.M.
Alderman Keaton stated that he was inclined to release Building &
Utilities Construction from the contract and bid bond on the
Oakhurst Drainage Project, stating that he felt a mistake of this
nature could happen and is understandable. He further stated that
the Stonewall Drainage Project was independently bid from the
Oakhurst Project, adding that he felt Building & Utilities
Construction should not be released from the bid bond on the
Stonewall Drainage Project because of an error made on the other
project.
He concluded with saying that the City should keep the bid bond on
the Stonewall Project if it awards the project to the next low
bidder.
Alderman Wilson moved, seconded by Alderman Williamson to table the
motion to retain the bid bond on the Oakhurst Drainage Project,
until a further report from the City Engineer with a recommendation
from the Mayor and the City Engineer as to the best interest of the
City. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Smith to hold the bid bond
U on Stonewall Drainage Project posted by Building & Utilities until
the next council meeting.
Alderman Keaton requested that Building & Utilities acknowledge to
the City Engineer the reason he wants to be relieved from the
Stonewall Drainage Project.
MOTION CARRIED.
Mayor Swaim clarified that both drainage projects were awarded and
that the issue before Council for a later date is the bid bonds on
both Oakhurst and Stonewall posted by Building & Utilities
Construction.
PARRS & RECREATION DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL: a. Discussion concerning a Resolution to the Public
Service Commission regarding GTE service.
Mayor Swaim related that GTE is a good corporate customer and that
service has improved.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 3, 1993
7:00 P.M. - 8:15 P.M.
He further related that he felt some concerns over the merger
between GTE and Contel regarding future services provided to the
citizens of Jacksonville.
Alderman Wilson suggested that GTE make a presentation at the next
City Council Meeting to provide information about the changes.
Mayor Swaim introduced Mr. Richard Harrison who is the manager of
the local GTE office.
Mr. Richard Harrison thanked the Council for the opportunity to
address all concerns expressed. He related that GTE is governed by
the Public Service Commission and they far exceed standards set by
them. He further related that approximately fifty (50) employees
remain in the Jacksonville area. He explained that the re-
organization process and all the changes were due to economics.
He assured Council that the manager position would remain filled in
Jacksonville adding that all manager changes should be completed by
the end of July.
Mayor Swaim related that he needed assurances that personal service
would be provided the citizens of Jacksonville, stressing the
importance of availability at a centrally located office. He
expressed concerns for the three main areas of service coverage
to the City as being Police, Fire and Hospital.
Mr. Harrison continued to explain the position of the company with
regard to retirement of employees, personal customer service, and
repair service.
Consensus of the Council was that GTE make a presentation in the
near future with regard to company status within the community.
b. ORDINANCE 994 ( #7 -93)
AN ORDINANCE APPROVING AND ADOPTING THE JACKSONVILLE SAFETY MANUAL
FOR GUIDANCE AND USE BY ALL CITY EMPLOYEES; AND, FOR OTHER
PURPOSES.
Alderman Williamson noted that Ms. Betty Anderson has spent a lot
of time on the changes in the manual and that City Attorney Robert
Hamburg has approved the changes for legal purposes.
Alderman Fletcher moved, seconded by Alderman Knight that Ordinance
be placed on FIRST READING.
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CITY OF JACKSONVILLE, ARKANSAS
I REGULAR CITY COUNCIL MEETING
JUNE 3, 1993
7:00 P.M. 8:15 P.M.
City Attorney Bamburg related that the need to adopt by Ordinance
rather than Resolution is that as an Ordinance it is more of a
directive of the Council, whereas a Resolution is more of a
recommendation.
Mayor Swaim related that each Department Head has had the
opportunity for input.
In response to a question from Alderman Ray, Betty Anderson related
that MASA mask would be covered in the "Employee Right to Know Act"
instead of the Safety Manual.
Mr. Beeman related that no employee should handle toxic materials
adding that the fire department would respond to handle any toxic
materials.
ROLL CALL: Alderman Knight, Smith, Ray, Wilson, Fletcher,
Williamson, Keaton voted AYE. Motion received seven (7)
affirmative votes. 0 negative votes. MOTION CARRIED. Ordinance
read FIRST TIME by Robert Bamburg.
U Alderman Ray moved, seconded by Alderman Wilson, to suspend the
rules and dispense with the reading of Ordinance 994 in its
entirety. ROLL CALL: Alderman Knight, Smith, Ray, Wilson,
Fletcher, Williamson, Keaton voted AYE. Motion received seven (7)
affirmative votes. 0 negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Ray that Ordinance be
ACCEPTED on FIRST READING. ROLL CALL: Alderman Knight, Smith,
Ray, Wilson, Fletcher, Williamson, Keaton voted AYE. Motion
received seven (7) affirmative votes. 0 negative votes. MOTION
CARRIED. ORDINANCE ACCEPTED ON FIRST READING.
i. Alderman Wilson moved, seconded by Alderman Ray to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Alderman Knight, Smith, Ray, Wilson, Fletcher, Williamson, Keaton
voted AYE. Motion received seven (7) affirmative votes. 0
negative votes. MOTION CARRIED. Whereupon, Robert Bamburg read
the Ordinance for the SECOND TIME.
Alderman Fletcher moved, seconded by Alderman Ray, to suspend the
rules and place the Ordinance on THIRD AND FINAL READING. ROLL
CALL: Alderman Knight, Smith, Ray, Wilson, Fletcher, Williamson,
Keaton voted AYE. Motion received seven (7) affirmative votes. 0
negative votes. MOTION CARRIED. Whereupon, Robert Bamburg read
the Ordinance for the THIRD AND FINAL TIME.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 3, 1993
7:00 P.M. - 8:15 P.M.
Alderman Fletcher moved, seconded by Alderman Knight, that
Ordinance be APPROVED AND ADOPTED. ROLL CALL: Alderman Knight,
Smith, Ray, Wilson, Fletcher, Williamson, Keaton voted AYE. Motion
received seven (7) affirmative votes. 0 negative votes. MOTION
CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 994 THIS 3RD DAY OF JUNE,
1993.
c. CDBG /Request to Re -bid: Sunnyside Hills Water Main Project
Phase V.
Mayor Swaim related that the only bid received was an over bid,
adding that the Water Commission has voted not to accept the bid
and has asked Council to do the same.
Alderman Knight moved, seconded by Alderman Wilson to reject the
bid received and re -bid the project. MOTION CARRIED.
ANNOUNCEMENTS:
Mayor Swaim related that Recycling Center will host another Tire
Pick -up, Tuesday 8, 1993 from 9:00 a.m. to 3:30 p.m. He further
related that the service will be provided every month on the second
Tuesday of each month until the demand becomes less.
Mayor Swaim announced a tentative date for the dedication of the
Marshal Smith Memorial Playground; July 1, 1993 at 10:30 a.m.
He further announced that the Recycling Center received another
boost when an article written by Michael Beeman on yard waste and
composting was featured in "Public Works" magazine.
ADDITION TO AGENDA:
The following item was introduced by Mayor Swaim, the purchase of
service revolvers by twenty year retiring officers.
Mayor Swaim pointed out that the Ordinance 945 clearly states in
the second paragraph, section one, second paragraph, that this
exemption will not apply to the purchase of any service revolver if
the department replaces current regular issued service revolvers
with automatic weapons. He related that Alderman Sansing who is on
the police committee, stated to him that he did not feel
comfortable allowing police officers to purchase the automatic
weapons unless the Ordinance was changed.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 3, 1993
7:00 P.M. 8:15 P.M.
He further related that it was Alderman Sansing's recommendation
that the Council purchase a 38 revolver for retiring officers
adding that the nine millimeter has only been in use 30 days.
Alderman Keaton moved, seconded by Alderman Knight to suspend the
rules and place the item of the purchase of service revolvers by
retiring police officers on the agenda. MOTION CARRIED.
Mayor Swaim related that the retiring officer in question would
like to purchase the newly service issued semi - automatic weapon.
Chief Tate related that a Smith and Wesson 357 magnum could be
purchased for approximately $ 350.00 adding that the cost of the
new weapons with trade -in is about the same price, $ 450.00 with no
trade -in.
Alderman Ray stated that he would not have a problem with the
purchase if the weapons were not brand new.
Alderman Knight reminded Council that there was much debate when
the Ordinance came before Council with the outcome being that
police officers would be allowed to purchase their standard issued
service revolvers for one dollar.
Mayor Swaim noted that there are eight police officers that could
retire within the next two to three years and at least three that
qualify for retirement now and eight more in the next five years.
Discussion ensued as to the difference between semi - automatic and
automatic.
Alderman Fletcher stated that it is relatively less expensive to
allow an officer to purchase his gun as compared to the money spent
training officers who do not stay with the department twenty years.
Mayor Swaim related that the Ordinance would need to be amended in
order to legally allow police officers to purchase the standard
issued semi - automatic weapons.
Alderman Ray moved that this item of business be tabled until the
next Regular Council Meeting. MOTION DIES FOR LACK OF A SECOND.
Alderman Keaton moved, seconded by Alderman Smith to suspend the
rules and place Ordinance 995 on the agenda. ROLL CALL: Alderman
Knight, Smith, Wilson, Fletcher, Williamson, Keaton voted AYE.
Alderman Ray voted NAY. Motion received six (6) affirmative votes.
1 negative vote(s). MOTION CARRIED.
9
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 3, 1993
7:00 P.M. - 8:15 P.M.
City Attorney Bamburg requested a few minutes be given him for
preparation of the Ordinance.
During that time Mayor Swaim announced the Arkansas Municipal
League's 59th Annual Convention will be held July 14th through the
16th at the Excelsior Hotel and Statehouse Center in Little Rock
requesting person desiring to attend to contact his office no later
than Tuesday, June 8, 1993 to register for the meetings.
In response to a question from Alderman Fletcher, Mayor Swaim
related that in regard to the Marshall Road Drainage Project there
would be some field dirt and shrubs would be placed between the
right of way and the brick wall at the site.
ORDINANCE 995
AN ORDINANCE TO ADOPT AND APPROVE A POLICY REGARDING PROPER
DISBURSEMENT OF PERSONAL PROPERTY OWNED BY THE CITY OF
JACKSONVILLE, ARKANSAS; AMENDING ORDINANCE NO. 945; DECLARING AN
EMERGENCY; AND, FOR OTHER PURPOSES.
Alderman Keaton moved, seconded by Alderman Williamson that
Ordinance be placed on FIRST READING. ROLL CALL: Alderman Knight,
Smith, Wilson, Fletcher, Williamson, Keaton voted AYE. Alderman
Ray voted NAY. Motion received six (6) affirmative votes. 1
negative vote(s). MOTION CARRIED. Ordinance read FIRST TIME by
Robert Bamburg.
It was noted by Alderman Keaton that he felt the verbiage in
paragraph two needed to be changed to read standard department
issue hand -held service weapon at the time of retirement.
City Attorney re -read with verbiage change.
Alderman Wilson moved, seconded by Alderman Knight that Ordinance
be ACCEPTED on FIRST READING. ROLL CALL: Alderman Knight, Smith,
Wilson, Fletcher, Williamson, Keaton voted AYE. Motion received
six (6) affirmative votes. 1 negative vote(s). MOTION CARRIED.
ORDINANCE ACCEPTED ON FIRST READING.
Alderman Smith moved, seconded by Alderman Knight to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Alderman Knight, Smith.
At this time Alderman Keaton was recognized by Mayor Swaim to
address the Council.
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I CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 3, 1993
7:00 P.M. - 8:15 P.M.
His comments were directed to Alderman Ray regarding passage of the
ordinance: 7 votes were needed to place the ordinance on second
reading with a request that he reconsider and cast a positive vote
for the ordinance.
ROLL CALL RESUMED:
Aldermen: Ray, Wilson, Fletcher, Williamson, Keaton voted AYE.
Motion received seven (7) affirmative votes. 0 negative votes.
1 MOTION CARRIED. Whereupon, Robert Hamburg read the Ordinance for
the SECOND TIME.
Alderman Wilson moved, seconded by Alderman Knight, to suspend the
rules and place the Ordinance on THIRD AND FINAL READING. ROLL
CALL: Alderman Knight, Smith, Ray, Wilson, Fletcher, Williamson,
Keaton voted AYE. Motion received seven (7) affirmative votes. 0
negative votes. MOTION CARRIED. Whereupon, Robert Hamburg read
the Ordinance for the THIRD AND FINAL TIME.
Alderman Fletcher moved, seconded by Alderman Wilson, that
I
Ordinance be APPROVED AND ADOPTED. ROLL CALL: Alderman Knight,
Smith, Ray, Wilson, Fletcher, Williamson, Keaton voted AYE. Motion
received seven (7) affirmative votes. 0 negative votes. MOTION
CARRIED.
Alderman Fletcher moved, seconded by Alderman Smith, that the
EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Alderman
Knight, Smith, Ray, Wilson, Fletcher, Williamson, Keaton voted AYE.
Motion received seven (7) affirmative votes. 0 negative votes.
MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 994 THIS 3RD DAY OF JUNE,
1993.
ADJOURNMENT:
Mayor Swaim adjourned the meeting at approximately 8:15 p.m.
Respectfully,
f / / 1
Lui /� -ems :: a .t 1 litvi�a!SAt /lei/
a- M. Leonard' MAYOR
City Clerk- Treasurer
11
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