97 SEP 04.DOC
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:55 P.M.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in
Regular Session on September 4, 1997 at the regular meeting place
of the Council. Alderman Howard delivered the invocation after
which Mayor Swaim led the standing audience in the "Pledge of
Allegiance" to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Williamson, Keaton, and Howard answered ROLL CALL.
Alderman Fletcher came in at approximately 7:09 p.m.. PRESENT TEN
(10), ABSENT (0). Mayor Swaim answered ROLL CALL and declared a
quorum.
Others present for the meeting were: City Attorney Robert E.
Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel,
Public Works Director Murice Green, from the Office of Economic
and Community Development Frank Rowland, Fire Chief Rick Ezell,
Chairman of the Sewer Commission Joan Zumwalt, Wastewater Manager
Dave Thomas, Chamber of Commerce Director Mickey Anders, Mrs.
Edith Smith, Wastewater Commission members, Mr. Steven Ward,
intern from Mayor Swaim's office, 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 August 21, 1997 for study and action at the next
Regular City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Lewis moved, seconded by Alderman Wilson that the minutes
of the Regular City Council Meeting of August 7, 1997 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA: ANIMAL CONTROL DEPT.
Alderman Wilson moved, seconded by Alderman Ray to APPROVE the
monthly Animal Control Report for the month of August, 1997.
Report reflects the following:
REVENUES...............................$ 632.50
CONTRIBUTIONS..........................$ .00
ADOPTION/FINES ........................$ 632.50
SECURITY DEPOSITS......................$ .00
TOTAL..................................$ 632.50
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Williamson, Keaton and Howard voted AYE. MOTION CARRIED.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & REC DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL:
a. ORDINANCE 1083 (#11-97) AN ORDINANCE WAIVING COMPETITIVE
BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF
PURCHASING AN EMERGENCY RECORDING SYSTEM; DECLARING AN EMERGENCY;
AND, FOR OTHER PURPOSES.
Mayor Swaim explained that the item has been before the Council
previously. He related that a comparable piece of equipment
desired for competitive bidding could not be found by Chief Ezell
with one exception. He said the Chief did not feel comfortable
with the equipment in that it was new on the market and had not
been tested and that there was no other city to recommend it.
Chief Ezell related that the communication equipment to be
purchased is a digital recorder unlike the systems being used now
which is antiquated. He said that the Police Department uses a
reel-to-reel Dictaphone and the Fire Department uses a VCR type
system. He pointed out that the new system uses about 550 hours
of voice activation, adding that each tape can be used
approximately two weeks. He said that it is designed to capture
talk groups relating that the City of Memphis and the State Police
in Tennessee and Missouri are using the equipment. He said that
the system will handle up to four operators at once with regard to
recording calls.
Alderman Wilson moved, seconded by Alderman Williamson to place
the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED. Whereupon, City Attorney
Bamburg read the Ordinance.
Alderman Ray moved, seconded by Alderman Sansing to dispense with
the reading of the Ordinance in its entirety. ROLL CALL:
Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson,
Keaton and Howard voted AYE. Motion received nine (9) affirmative
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votes, (0) negative vote. MOTION CARRIED.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
Alderman Smith moved, seconded by Alderman Lewis to ACCEPT the
Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Howard voted
AYE. NAY (0). Motion received nine (9) affirmative votes, (0)
negative votes. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Elliott to suspend
the rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Williamson, Keaton and Howard 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 Lewis, moved, seconded by Alderman Howard, that Ordinance
be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen:
Elliott, Smith, Sansing, Ray, Wilson, Williamson, Keaton and
Howard voted AYE. NAY (0). Motion received nine (9) affirmative
votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD
AND FINAL TIME by City Attorney Robert Bamburg.
Alderman Lewis moved, seconded by Alderman Ray, that Ordinance
1083 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott,
Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and
Howard voted AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Sansing, that EMERGENCY
CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott,
Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and
Howard voted AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1083 THIS THE 4th DAY
OF SEPTEMBER, 1997.
b. ORDINANCE 1084 (#12-97) AN ORDINANCE REQUIRING INDEPENDENT
CANDIDATES FOR MUNICIPAL OFFICE OF THE CITY OF JACKSONVILLE,
ARKANSAS, TO FILE PETITIONS FOR NOMINATIONS AS INDEPENDENT
CANDIDATES WITH THE PULASKI COUNTY BOARD OF ELECTION COMMISSIONERS
NO LATER THAN NOON OF THE DAY BEFORE THE PREFERENTIAL PRIMARY
ELECTION; ESTABLISHING A METHOD OF PUBLICATION OF SAID PROVISIONS;
AND FOR OTHER PURPOSES.
After brief comments regarding the procedure followed in the past
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with regard to independent candidates, it was determined that
there is approximately a three month period lost in the filing
process
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
with passage of the ordinance. Mayor Swaim pointed out that all
candidates filing for public office will be required to file
before the May primary election.
Alderman Smith moved, seconded by Alderman Williamson to place the
Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and
Howard voted AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes. MOTION CARRIED. Whereupon, City
Attorney Bamburg read the Ordinance.
Alderman Ray moved, seconded by Alderman Sansing to dispense with
the reading of the Ordinance in its entirety. ROLL CALL:
Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. Motion received ten (10)
affirmative votes, (0) negative vote. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Smith to ACCEPT the
Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and
Howard voted AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Sansing to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. NAY (0). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION
CARRIED. Whereupon City Attorney Bamburg read the Ordinance for
the Second Time.
Alderman Sansing, moved, seconded by Alderman Elliott, that
Ordinance be placed on THIRD AND FINAL READING. ROLL CALL:
Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. NAY (0). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION
CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney
Robert Bamburg.
Alderman Ray moved, seconded by Alderman Wilson, that Ordinance
1073 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton
and Howard voted AYE. NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED.
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ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1084 THIS THE 4th DAY
OF SEPTEMBER, 1997.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
c. ORDINANCE 1085 (#13-97) AN ORDINANCE PROVIDING FOR THE LEVY OF
A ONE PERCENT (1%) SALES AND USE TAX FOR FORTY-TWO (42) MONTHS
WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; PRESCRIBING OTHER
MATTERS PERTAINING THERETO; AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Lewis to place the
Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and
Howard voted AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes. MOTION CARRIED. Whereupon, City
Attorney Bamburg read the Ordinance.
Mayor Swaim explained that the election has to be set with passage
of an ordinance by the Council and then a second ordinance has to
approve the ballot for the election.
City Attorney said Ordinance 1085 levies the tax only when
approved by the voters at a special election. He said that
ordinance 1086 will actually call the election as required by
State Statutes.
Mayor Swaim voiced that OPTION 1, as presented to the City Council
on August 21, 1997 WITH ALTERATIONS, is inclusive in the
ordinance. He pointed out that the sales tax receipts as listed
will be changed from $7,200,000.00 instead of $8,400,000.00 with
the deletion of the O & M.
Mr. Larry Gaddis reviewed Option 1:
Utility Contribution $ 1,500,000.00
Air Force Base $ 1,310,000.00
Rate increase (3 1/2 yrs) .00 (beginning 2001)
Prepayments .00
For O&M $ 302,070.00
Loan Proceeds .00
Cumulative Loan Payments .00
Sales Tax $ 8,400,000.00
TOTAL $11,512,570.00 (not counting the million dollar
contribution by the City of Jacksonville)
He said that the ordinance sets forth a user charge increase in
the year 2001 and includes the million dollar contribution to the
project from the City of Jacksonville to the project which reduces
the total requirement from the sales tax. He said that the option
assumes that everything at this point with regard to projections
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of cost estimates and bids being good and that the sales tax rate
produces what is anticipated and the existing O&M will be covered
as projected.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
Mayor Swaim related that the sales tax needs to be implemented in
quarters adding that the Council can set the tax for three years
plus.
Mr. Gaddis said that the big demand will hit about 1999 with
regard to the Administrative Order from EPA adding that the final
day to start construction is April of 1999.
Mayor Swaim pointed out that predictions with reference to
recession and competition are impossible to factor into the
overall project.
Comments from the Council were suggestive that a longer time for
the one cent (1%) sales tax would be better than running short of
funds and the general consensus was for a forty-two (42) month
period with use of all sales tax money collected before a user fee
increase is implemented.
Mayor Swaim related that the ordinance sets forth that the general
public will be given the opportunity to vote for or against a one-
cent (1%) sales tax. He said that a rate increase is the other
option which involves bond activity thus creating an interest
indebtedness of approximately seven (7) million dollars.
Mayor Swaim stated that the action by ordinance is necessary due
to the "Administrative Order" handed down by EPA.
Mr. Mickey Anders related that the Chamber of Commerce has not
taken a public stand for or against a one-percent (1%) sales tax.
He said that approximately 200 surveys were sent to members of the
Chamber of Commerce with reference to the issue at hand. He said
that thirty-five responded by fax in favor of Option 1.
Alderman Fletcher stated that he feels the decision is that of the
general public and not the City Council pointing out that they
will decide which of the two, a one-percent (1%) sales tax or a
rate increase, is to be administered to fund the EPA mandates.
Mayor Swaim said that he feels letting the public make up their
mind about the issue is fair.
Alderman Fletcher moved, seconded by Alderman Smith to amend
Ordinance 1085 to read forty-two (42) months rather than thirty-
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six (36) months. ROLL CALL: Aldermen: Elliott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard
voted AYE. NAY (0) Motion received ten (10) affirmative votes,
(0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
Alderman Wilson moved, seconded by Alderman Sansing to ACCEPT
Ordinance 1085 as amended on FIRST READING. ROLL CALL: Aldermen:
Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Howard voted AYE. NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis to suspend the
rules and place Ordinance 1085 as amended on SECOND READING. ROLL
CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0).
Motion received ten (10) affirmative votes, (0) negative votes.
MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance
for the Second Time.
Alderman Sansing, moved, seconded by Alderman Ray, that Ordinance
1085 as amended be placed on THIRD AND FINAL READING. ROLL CALL:
Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson Keaton and Howard voted AYE. NAY (0). Motion received
ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
Ordinance read THIRD AND FINAL TIME by City Attorney Robert
Bamburg.
Alderman Sansing moved, seconded by Alderman Ray, that Ordinance
1085 as amended be APPROVED AND ADOPTED. ROLL CALL: Aldermen:
Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Howard voted AYE. NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1085 THIS THE 4th DAY
OF SEPTEMBER, 1997.
DEVIATION IN AGENDA:
Alderman Smith moved, seconded by Alderman Ray to SUSPEND THE
RULES AND PLACE 1086 (#14-97) on the Agenda for action. ROLL CALL:
Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED.
b. ORDINANCE 1086 (#14-97) AN ORDINANCE CALLING AN ELECTION AT A
SPECIAL ELECTION IN THE CITY OF JACKSONVILLE, ARKANSAS, ON THE
QUESTION OF LEVYING A ONE PERCENT (1%) SALES AND USE TAX FOR
FORTH-TWO (42) MONTHS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS;
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DEFINING THE TERM "SINGLE TRANSACTION"; PRESCRIBING OTHER MATTERS
PERTAINING THERETO; DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
Alderman Keaton moved, seconded by Alderman Williamson to place
the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton
and Howard voted AYE. NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED.
Whereupon, City Attorney Bamburg read the Ordinance. (City
Attorney Bamburg read the ballot title.)
Alderman Ray moved, seconded by Alderman Smith to dispense with
the reading of the Ordinance in its entirety. ROLL CALL:
Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. Motion received ten (10)
affirmative votes, (0) negative vote. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Howard to ACCEPT
Ordinance 1086 on FIRST READING. ROLL CALL: Aldermen: Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton
and Howard voted AYE. NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis to suspend the
rules and place Ordinance 1086 on SECOND READING. ROLL CALL:
Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. NAY (0). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION
CARRIED. Whereupon City Attorney Bamburg read the Ordinance for
the Second Time.
Alderman Sansing, moved, seconded by Alderman Elliott, that
Ordinance 1086 be placed on THIRD AND FINAL READING. ROLL CALL:
Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. NAY (0). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION
CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney
Robert Bamburg.
Alderman Ray moved, seconded by Alderman Wilson, that Ordinance
1086 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton
and Howard voted AYE. NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing, that EMERGENCY
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CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton
and Howard voted AYE. NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1086 THIS THE 4th DAY
OF SEPTEMBER, 1997.
DEVIATION IN AGENDA: CDBG PROJECT / Request to accept Bid / BOYS
& GIRLS CLUB
Alderman Elliott moved, seconded by Alderman Smith to place on the
Agenda a request to accept a bid for the Boys & Girls Club CDBG
Project. MOTION CARRIED.
Mr. Frank Rowland pointed out that the cost of the project was
budgeted in the 1997 budget at $21,000.00.
Alderman Smith moved, seconded by Alderman Williamson that the bid
of $18,500.00 from Lassiter to the CDBG Department, for the Boys &
Girls Club Drainage Project be accepted. MOTION CARRIED.
ANNOUNCEMENTS:
Mayor Swaim pointed out that there will be a meeting of the
Telecommunications Committee chaired by Alderman Smith at 4:00
p.m.
September 10, 1997.
Alderman Keaton requested that the committee working toward an
ordinance governing fencing of undesirable locations referencing
storage of cars, appliances, etc., will meet at 6:00 p.m. 18
September 1997 in the Council Chambers.
Alderman Fletcher suggested that a committee be formed to work on
developing more landscaping related to businesses in the City.
Mayor Swaim requested that the City Clerk retain written data
submitted by Alderman Fletcher for distribution to a committee to
be formed in the near future.
ADJOURNMENT:
Mayor Swaim adjourned the meeting at approximately 7:55 p.m.
Respectfully,
___________________________ ____________________________
Lula M. Leonard MAYOR
City Clerk-Treasurer
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