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91 OCT 3.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER .3, 1991 7:00 P.M. - 8:05 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, October 3 1991, at the regular meeting place of the Council. Alderman Ray delivered the invocation after which Mayor Swaim 1ed the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, William-son, Keaton and Twitty were present. Alderman Lewis came in at approximately 7:05 p.m. PRESENT, Ten (10), ABSENT, (0). Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting: City Attorney Robert E. Bamburg, Fire Chief Rick Ezell, City Engineer Duane Reel, Personnel Direc- tor for and Mayoral Aide Michael Beeman, Finance Director Gene Kel-ley, Deputy City Clerk Teresa Parker, Code Enforcement Officer John New, Community Development Director Tony Ply, Steve Whisn-ant, other city employees, interested citizens, members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of September 19, 1991, for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Sansing that the minutes of the Regular City Council Meeting of September 5, 1991 be APPROVED. MOTION CARRIED. CONSENT AGENDA: MUNICIPAL COURT (Probation Officer) Alderman Knight moved, seconded by Alderman Ray that the August 1991 report from Probation Officer Mike Mahone BE APPROVED. Said report reflects 133 cases ending August 31, 1991, 9 cases added in the month of September, 1991, Probations completed, Month ending September 31, 1991, Total cases as of September 31, 1991,……128 Number of Juveniles on Probation…4. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray; Wilson, Fletcher, Wil- liamson, Keaton and Twitty voted AYE. Alderman Lewis was absent during roll call. MOTION CARRIED. POLICE DEPARTMENT: WATER DEPARTMENT: SEWER DEPARTMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1991 7:00 P.M. - 8:05 P.M. FIRE DEPARTMENT: STREET DEPARTMENT: Progress Report on North First St. Bridge (location: intersection of Loop Rd. and Hwy 161) City Engineer Reel presented pictures of the situation existing at the North First St. Bridge before and after completion of the repairs recently made. He said that the cost of the bridge repair was approximately $1,800.00 and t1.t the life of the repair is probably five years. He pointed out that the widening of North First Street will probably take place before other repairs to the bridge are needed. He related that the State Highway Department makes an annual inspection of the bridge. Mr. Reel related that it may be Possible to get the bridge re- placed using FAU Funds if the bridge can be declared an emergency by the State Highway Department. Said expense to the city would be 25% of the total replacement cost. Mayor Swaim pointed out that work is in progress at the railroad crossing on West Main St. in the area of Lomanco. He pointed out that the contribution of the city is $6,000.00 and the contribu-tion of the railroad is approximately $38,000.00. He related that the job will be completed within a two day period. PARKS AND RECREATION DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Request to accept low bid for BUILDING INSURANCE Mayor Swaim recognized Finance Director Gene Kelley to address the council. He said that proper advertisement was made regarding the bids for building and contents insurance coverage. He said that two bids were valid out of the three received; the bid from Metroplan an all risk: bid which was not asked for, was the non- valid bid, the Galliger Firm of North Little Rock bid which was $12,915.00 and the low bid made by Insurance Mart of Jacksonville which was $11,255.00. He said that value of contents around the city are raised and the insurance covers replacement value. He pointed out that the amount is up $600,000.00 from 1ast year. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1991 7:00 P.M. - 8:05 P.M. Alderman Fletcher moved, seconded by Alderman Wilson that the low bid of $11,255.00 from Insurance Mart be accepted for Building Insurance Coverage. MOTION CARRIED. Said coverage to take place on expiration date of previous years insurance. b. CDBG Request to accept bid/Garvin St. Extension Sewer Project Alderman Wilson moved, seconded by Alderman Smith that the low bid of $32,405.80 (bid sheet information included in these minutes) from DANCO CONSTRUCTION CO. of North Little Rock, AR. MOTION CARRIED. c. ORDINANCE 954 (#17-91) Ref: Municipal Employees Retirement Mayor Swaim pointed out that laws passed in the last legislative session required the city to make some adjustments. Alderman Smith moved, seconded by Alderman Wilson ,that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordi-nance read FIRST TIME by City Attorney Robert E. Bamburg. City Attorney Bamburg voiced that Acts 851 and 223 were recently passed during the legislative session which allows the city to allow the officials who are named in the ordinance to make an election between the Apers program or the local plan and makes the Ordinance necessary. Mayor Swaim added that there is a time limit for its passage. Alderman Wilson asked the question whether the persons named therein have an option to belong to Apers or do they have to be in the local retirement plan. Mayor Swaim stated that the law mandates that a Judge, a City Clerk, a Mayor, a Deputy Clerk, a Municipal Court Clerk and a City Attorney have certain rights as far as retirement is con-cerned. He related that in the past the option was given to belong to Apers and that the option as exercised costs the city a considerable amount of money. He related that there is a 6% contribution for each employee who decides to go into Apers and that the money is kept by Apers whether the employee retires or not. He related that funds have been contributed by the city into Apers for the City Clerk, Deputy Clerk and the City Attorney and that said funds will be refunded to the city if requested. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1991 7:00 P.M. - 8:05 P.M. City Attorney Bamburg said the Ordinance allows an appropriate decision by the employee regarding their retirement status. The City Attorney voiced that at this point, he did not plan on retaining the office of City Attorney for twenty years and did not want the city to make the contribution which could not be refunded if he does not opt out of the plan at this point. Mayor Swaim pointed out that the legislation was passed by some State officials who wanted in the Apers program, fitting them in a certain posture due to already being in office. He pointed out that his situation is already set. He said that there are op-tions that can be exercised in the future and that there are no funds in the account at present; only contributions to the Municipal Judge and Municipal Court Clerk because that is mandat-ed by law through fine collections. He said that the law does not mandate an amount to be placed in an account for the other officials listed, only that payment of retirement benefits shall be paid from the general fund which meant that a fund is not started unless it is set up and earmarked for retirement if it is desired by the official. Mayor Swaim voiced that his is set, the Clerk and the City Attorney may opt out of the plan at this point, that the Judge and the Court Clerk are pretty well set. City Attorney Bamburg said that the amount of retirement for each official might differ in that the State Statutes are drifted differently. He said that Apers has a percentage calculation which takes the number of years of service, the age of the indi-vidual and possibly municipal service performed different amounts are arrived at. City Attorney Bamburg and Mayor Swaim related that a person has to be on one plan or the other according to State Statute passed in 1987. He said that all elected officials can make a choice at this point but that if the Ordinance is not passed, the money which has been paid in cannot be retrieved. Alderman Wilson moved, seconded by Alderman Knight , that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ACCEPTED ON FIRST READING. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1991 7:00 P.M. - 8:05 P.M. Alderman Knight moved, seconded by Alderman Smith , to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL. Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty, voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the SECOND TIME. Alderman Fletcher voiced his displeasure regarding positions which he considers part-time being listed in the ordinance. Mayor Swaim voiced that State Law has set the officials in place. Alderman Ray moved, seconded by Alderman Knight , to further Suspend the rules and p1ace the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wi1son, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. Motion received ten (10) affirmative votes (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME Alderman Wilson moved, seconded by Alderman Sansing that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 954 THIS 3rd DAY OF OCTOBER 1991. ________________________________________________________________ _ APPOINTMENTS: Request by sponsors to fill the vacancy on the Civil Service Commission due to Mr. Dub Myers retirement; a. Ald. E. Knight sponsor of Mr. Art Brannon b. Ald. G. Fletcher sponsor of Mr. Jim Lewis c. Ald. T. Sansing sponsor of Mr. Steve Coop Mayor Swaim explained that the City Council and the Mayor have the right to submit one each to the full Council for approval. Alderman Marshall Smith moved, seconded by Alderman Larry Wilson that the Council go into Executive Session for the purpose of filling the Civil Service Appointment. MOTION CARRIED. The time was approximately 7:33 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1991 7:00 P.M. - 8:05 P.M. City Attorney Bamburg noted that under the Freedom of Information the Council can retire into Executive Session to consider the appointment of a public official adding that a Civil Service Commissioner would obviously be a public official. Alderman Wilson moved, seconded by Alderman Ray that the Council come out of Executive Session at approximately 7:50 p.m. MOTION CARRIED. Mayor Swaim noted that there was considerable discussion and that all three candidates were considered to be well qualified and spoken of very highly by their sponsors and other members of the Council adding that obviously only one person can serve. He expressed appreciation for quality people submitting their names for the position. Alderman Sansing moved, seconded by Alderman Ray that Mr. Steve Coop be appointed to the Civil Service Commission to fill the vacancy, created by the retirement of Mr. Dub Myers, with a term to expire 4/1/1992. MOTION CARRIED. ANNOUNCEMENTS: Alderman Fletcher requested an update on GTE. Mayor Swaim related that GTE has merged with another company and explained that efforts have been made through his office to retain GTE operational offices within the city. Others on the Council expressed gratitude for the efforts of the Mayor in preserving some of the office which will be retained although headquarters will be located at Russellville, Arkansas. Mayor Swaim also pointed out that about 400 jobs have been gained due to expansion at Regal Ware offsetting about the same number of jobs lost in the GTE transition. Attorney Bamburg announced the Swine Ball to be held Saturday night at the Boys Club, $20.00 per couple. It was requested that the City Attorney review laws governing insurance companies with relation to privilege tax obligations in the city. ADJOURNMENT: Alderman Fletcher moved, seconded by Alderman Williamson that the meeting adjourn at approximately 8:10 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1991 7:00 P.M. - 8:05 P.M. Respectfully, __________________________ __________________________ Lula M. Leonard MAYOR City Clerk-Treasurer