94 AUG 4.doc
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
AUGUST 4, 1994
7:00 P.M. - 7:45 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 August 4, 1994 at the regular meeting place of
the Council. Alderman Smith 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, Sansing, Ray, Wilson,
Williamson and Twitty answered ROLL CALL. Aldermen Fletcher and
Twitty came after ROLL CALL at approximately 7:10 p.m. Alderman
Lewis came in at approximately 7:14 p.m. PRESENT TEN (10), ABSENT
ONE (1). Mayor Swaim also answered ROLL CALL and declared a
quorum.
Others present for the meeting: City Attorney Robert E. Bamburg,
Bertha Tipton, Secretary to Mayor Swaim, City Engineer Duane Reel,
Public Works Director Skip Spears, Fire Chief Rick Ezell, Police
Chief Larry Hibbs, Economic Development Director Phil Sullivan,
Asst. Director Rona Scott, 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 July 21, 1994, for study and action at the next Regular
City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Sansing moved, seconded by Alderman Wilson that the
amended minutes of the July 7, 1994 Regular City Council Meeting
be APPROVED. MOTION CARRIED.
CONSENT AGENDA:
b. ANIMAL CONTROL: July 1994
Alderman Knight moved, seconded by Alderman Wilson to APPROVE the
monthly Animal Control Report for the month of July 1994.
Report reflects the following:
CONTRIBUTIONS .............................$ 00.00
ADOPTION/FINES ............................$ 676.50
SECURITY DEPOSITS .........................$ 275.00
TOTAL .....................................$ 951.50
ROIL CAIN: Aldermen: Knight, Smith, Sansing, Ray, Wilson,
Williamson, and Keaton voted AYE. MOTION CARRIED.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
AUGUST 4, 1994
7:00 P.M. - 7:45 P.M.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT: a. Request to accept bid: Physical Assessments
of the Jacksonville Fire Department
Alderman Smith moved, seconded by Alderman Sansing to APPROVE the
request of the Fire Department regarding Physical Assessments
amounting to $39,564.00 as bid by Marshall Road Family Clinic.
MOTION CARRIED. (Mayor Swaim noted that the amount is budgeted.)
Fire Chief Ezell pointed out that the proposal includes a 3 yr.
renewal option.
Aldermen Twitty and Fletcher came in at approximately 7:10 p.m.
b. ORDINANCE 1028 (#11-94) General Election Ballot Item Re:
MILLAGE INCRrASE
AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS
OF THE CITY OF JACKSONVILLE, ARKANSAS, THE QUESTION OF INCREASING
THE LEVY OF AN ANNUAL TAX SO AS NOT TO EXCEED ONE MILL ON THE
ASSESSED VALUE OF THE REAL AND PERSONAL PROPERTY WITHIN THE CITY
OF JACKSONVILLE FOR THE PURPOSE OF PAYING PENSIONS TO RETIRED
FIREMEN AND PENSIONS TO WIDOWS AND/OR MINOR CHILDREN OF DECEASED
AND/OR RETIRED FIREMEN; DLCLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
Alderman Wilson moved, seconded by Alderman Williamson, that
Ordinance be placed on FIRST READING. ROLL CALL: Aldermen:
Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton
and Twitty voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance
read FIRST TIME by City Attorney Robert Hamburg.
Alderman Ray moved, seconded by Alderman Keaton to dispense with
the reading of the Ordinance in its entirety. ROLL CALL:
Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received
nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Knight, that Ordinance
be accepted on FIRST READING. ROLL CALL: Aldermen: Knight,
Smith, Sansing, Ray; Wilson, Fletcher, Williamson, Keaton and
Twitty voted AYE. NAY (0). Motion received nine (9) affirmative
votes, 0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED
ON FIRST READING.
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CITY OF JACKSONVILLE. ARKANSAS
REGULAR CITY COUNCIL MEETING
AUGUST 4, 1994
7:00 P.M. - 7:45 P.M
Alderman Sansing moved, seconded by Alderman Ray, to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received
nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Whereupon, City Attorney Bamburg read the Ordinance for the SECOND
TIME.
Alderman Wilson moved, seconded by Alderman Williamson, to further
suspend the rules and place the Ordinance on THIRD AND FINAL
READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray,
Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY
(0). Motion received nine (9) affirmative votes, (0) negative
votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the
Ordinance for the THIRD AND FINAL TIME.
Alderman Knight moved, seconded by Alderman Wilson, that Ordinance
be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith,
Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty
voted AYE. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Ray, that the
EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen:
Knight, Smith, Lewis, 3ansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Twitty voted AYE. NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE ADOPTED AND NUMBER 1028 THIS 4tH DAY OF AUGUST 1994.
POLICE DEPARTMENT: ORDINANCE 1027 (#1094) AN ORDINANCE WAIVING
COMPETITIVE BIDDING FOR THE PURPOSE OF PURCHASING A
PATROL/NARCOTIC DOG FOR THE JACKSONVILLE POLICE DEPARTMENT;
DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.,
Alderman Knight moved, seconded by Alderman Sansing, 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. Ordinance
read FIRST TIME by City Attorney Robert Bamburg.
Alderman Ray moved, seconded by Alderman Sansing to dispense with
the reading of Ordinance 1027 in its entirety. ROIL 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.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
AUGUST 4, 1994
7:00 P.M. - 7:45 P.M.
Alderman Sansing 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.
ORDINANCE ACCEPTED ON FIRST READING.
Alderman Sansing moved, seconded by Alderman Wilson, 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
nine (10) affirmative votes, (O) negative votes. MOTION CARRIED.
Whereupon, City Attorney Bamburg read the Ordinance for the SECOND
TIME.
Alderman Smith moved, seconded by Alderman Ray, to further suspend
the rules and place the Ordinance on THIRD AND FINAL 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 Bamburg read the
Ordinance for the THIRD AND FINAL TIME.
At this time, Chief Hibbs related an incident in which two
subjects were apprehended with the use of the canine presently
owned by the Jacksonville Police Department. He stated that they
fled in different directions and that having another canine would
have expedited the capture.
Alderman Knight 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.
Alderman Smith moved, seconded by Alderman Sansing, that the
EMERGENCY CLAUSE 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 ADOPTED AND NUMBER 1027 THIS 4tH DAY OF AUGUST 1994.
Mayor Swaim pointed out that narcotics money available through the
Drug Task Force will be used in the purchase of the canine.
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CITY OF JACKSONVILLE ARKANSAS
REGULAR CITY COUNCIL MEETING
AUGUST 4. 1994
7:00 P.M. - 7:45P.M.
STREET DEPARTMENT: Request to Accept Bid/Equipment Trailer
Alderman Wilson moved, seconded by Alderman Knight that the low
bid of $5,400.00 from Capital Ford for an Equipment Trailer be
APPROVED. MOTION CARRIED. (Mayor Swaim pointed out that the
funds will come from the 1994 budget of the Street Department.)
PARKS & RECREATION DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL: a. Request to rename the Jacksonville Towers
Mayor Swaim introduced Alderman Reedie Ray who expressed that some
of the Jacksonville Towers Board of Directors at large have
requested that the Jacksonville Towers be renamed the Herbert
Bingaman Towers. He pointed out that Mr. Bingaman represented
UAW, which has been a long time supporter of the Jacksonville
Towers, and that the UAW was one of the first to start the initial
fund raising for the construction of the project. He pointed out
that one member of the board suggested renaming a portion of
Hospital Drive after Mr. Bingaman relating that the meeting room
in the building has been named for him. He pointed out that the
Board of Directors will have the final say.
There was discussion regarding naming a portion of Hospital Street
Herbert Bingaman Drive.
Mayor Swaim and several members of the City Council complimented
Mr. Bingaman as well as others who contributed to the raising of
funds which made construction of the Jacksonville Towers possible.
Alderman Knight noted that the general consensus of the JEAP Board
was that the physical presence of the Jacksonville Towers impacts
the city as a whole and that the name should remain as it is. She
said that the suggestion for renaming of Hospital Drive did come
as a suggestion at their board meeting. She related that it was
her desire for Alderman Ray to pass the consensus to the Board of
Directors that the name remain the "Jacksonville Towers".
Mayor Swaim stated that renaming a street can cause tremendous
problems mentioning an entire apartment complex on Hospital Drive.
He pointed out that he did not want the great contribution that
Mr. Bingaman made to go unrecognized asking Alderman Ray to
express the same to the Board of Directors of the Jacksonville
Towers.
5
CITY OF JACKSONVILLE. ARKANSAS
REGULAR CITY COUNCIL MEETING
AUGUST 4, 1994
7:00 P.M. - 7:45 P.M.
The general consensus of City Council was to leave the
Jacksonville Towers so named, complimenting Mr. Bingaman highly
for his contribution.
b. Request by Municipal Court Ref: Repairs for Court Office TV
Mayor Swaim expressed that the repair requested will be funded
from money collected through the Small Claims Court.
Alderman Smith moved, seconded by Alderman Wilson that the request
for the repair of the Court Office Television of the Jacksonville
Municipal Court be Approved. Said amount, $47.93 to be funded from
the Small Claims Funds.
It was pointed out by Mayor Swaim that the funds are not budgeted
annually after a question by Ald. Wilson regarding the small
expenditure.
City Attorney Bamburg suggested that the Council might consider an
ordinance designating a certain level of budget each year up to a
given amount taking into consideration the amount of money
received into the fund on an annual basis.
Mayor Swaim pointed out that there is specifications regarding
small claims expenditures.
At this time a vote was taken on the aforementioned motion. MOTION
CARRIED.
c. UPDATE: Probation Services
Mayor Swaim related that he talked with the representative of
Probation Services, Mr. Don Thompson, who has requested that all
but the collection of fines be removed from the proposal made by
his company to the City of Jacksonville. He said that the reason
given for deleting the position of probation services was that the
work load of the company is too heavy.
Alderman Sansing related to the City Council that there is a
letter from Judge Batton stating that Jacksonville does need a
full-time probation officer. He mentioned a newspaper article
where Judge Batton stated that it is rather doubtful that he would
use "Probation Services" if it was offered.
Mayor Swaim said pointed out that the City Council has discussed a
part-time probation officer position and other ways to do
probation services. He said that the Council needs to decide to
fund some type of probation services for the court.
6
CITY OF JACKSONVILLE ARKANSAS
REGULAR CITY COUNCIL MEETING
AUGUST 4. 1994
7:00 P.M. - 7:45 P.M.
Alderman Wilson moved, seconded by Alderman Sansing not to allow
the position of a probation officer for the City of Jacksonville
to be filled at the present time until other information is
provided. MOTION CARRIED.
Mayor Swaim noted that the collection of fines must come through
the court as well.
Attorney Bamburg pointed out that giving the fine collection to
one company could pose a problem in finding another service to
provide a probation officer.
Chief Hibbs related that his department does serve warrants and
make collections noting that space has not been readily available
to accommodate the endeavor.
There was discussion regarding collections by probation services
as well as the Jacksonville Police Department.
Alderman Ray requested that there be a compromise between the
Council and Judge Batton.
Alderman Sansing voiced that he felt it is time for the offender
to pay their own way. He pointed out that the Probation Service
offered makes the offender pay their own way, that the taxpayer
does not have to pay for the offender. He stated that he felt the
probation service is the proper way to go.
There was discussion regarding the position of Judge Batton in the
matter before the City Council.
Mayor Swaim pointed out that a letter has been received from Judge
Batton which stated he did not want to use probation services.
Alderman Twitty questioned what the court did for a probation
officer when the last officer was off the job for weeks at a time.
Mayor Swaim noted that Mr. Mahone, the most recent probation
officer, was out seven (7) months of the last twenty-four (24)
months that he was employed by the City of Jacksonville. He
related that someone is working the slot one day per week since
January noting that Mr. Mahone had been on sick leave and workers
comp during his employment as well.
The consensus of the City Council was that Ald. Ray make any
overtures that he desired on his own.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
AUGUST 4, 1994
7:00 P.M. – 7:45 P.M.
ANNOUNCEMENTS:
Mayor Swaim announced that the Economic Development is having the
last public hearing on the five-year plan at Holiday Inn 9 August,
1994 at 12:00 noon.
He complimented the Fire and Police Departments regarding two
situations; (1) contributing to breaking up a probable bank
robbery and (2) their work with the ATF Team in recent fires at
the Vertac Plant.
Alderman Knight pointed out the need for police protection for the
citizens of Jacksonville with regard to gangs and their
infiltration into the city. She related that going elsewhere is
not the answer, that we should take care of what is our own as she
made a plea that the Police Department make sure that such persons
know that gang action in Jacksonville will not be tolerated.
Chief Hibbs said that the department maintains its training and
that the battle is a daily one. He expressed appreciation from
both the Fire and Police Departments for the involvement of the
citizens of Jacksonville and that the departments desire to
maintain a desirable life style for the citizens of the city.
Alderman Fletcher requested that if the Governor calls a special
session, Mayor Swaim and Police Chief Hibbs attend and encourage
revamping of the juvenile code.
Mayor Swaim noted that the new county jail opened in August and
that prisoners will be moved there as soon as approval is given by
the county.
APPOINTMENTS:
ADJOURNMENT:
Mayor Swaim adjourned the meeting at approximately 7:45 p.m.
Respectfully,
_________________________ ___________________________
Lula M. Leonard MAYOR
City Clerk-Treasurer