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06 JUL 06.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 6, 2006 7:00 P.M. – 7:16 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 July 6, 2006 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Kary Jezwinski, Finance Director Paul Mushrush, Fire Chief John Vanderhoof, Human Resource Director Charlie Brown, Public Works Director Jim Oakley, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Edith Smith, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of June 22, 2006 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 1 June 2006 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to accept bid for Asphalt Overlay Mayor Swaim pointed out as an indicator of the oil industry, that price per unit has risen from $43.00 a ton to $58.07 for the lowest bidder. He noted that the highest bid came in at $73.00 per ton. Alderman Elliott moved, seconded by Alderman Smith to accept the lowest bid from Cranford Construction for $58.07 per ton, total bid $226,164.84. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: Request to appoint Kevin McCleary to fill the unexpired term of Alderman Robert Lewis 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 6, 2006 7:00 P.M. – 7:16 P.M. Alderman Ray stated that Kevin McCleary had previously run for the Alderman position, which he feels demonstrates Mr. McCleary’s interest in serving the City. He related that Mr. McCleary has shown not only interest but also effort to be a City Council member. He related that he felt it proper to ask Mr. McCleary if he would still be interested in serving in that position. He stated that Mr. McCleary agreed to the nomination. Alderman Ray moved, seconded by Alderman Howard to appoint Mr. Kevin McCleary to fill the current unexpired term of Robert Lewis. In response to a question regarding Mr. McCleary’s background information, Mayor Swaim related that Mr. McCleary has served on the Board of Adjustment and is presently serving on the Planning Commission. City Clerk Susan Davitt offered that Mr. McCleary has served on the Planning Commission for approximately five years. Alderman Fletcher noted that as a recent attendee of the Planning Commission meetings, he is familiar with Mr. McCleary, who has done a good job on the Planning Commission. He requested clarification regarding the term length being nominated and the process. Mayor Swaim clarified that the most the City Council could appoint is to fill the current term, ending December 31, 2006. He stated that following that term it would be necessary for the City Council to appoint the next four-year term. City Attorney Bamburg concurred, explaining that because Alderman Lewis will be on the November general election ballot as an unopposed candidate, it will require that the City Council appoint to fill that four-year term. He stated that there is no provision by which to remove Robert Lewis’ name and have another submitted. He stated that there is a provision in State statutes for cities of the first class of a larger size to have an election after a year, but added that because of the size classification, Jacksonville is not required to do so and there are no provisions for Jacksonville to do so. He stated that any person appointed to the position would be able to succeed themselves if they choose to run for the position at the appointed time of that election. He reminded the City Council that in 2004 they passed legislation staggering the terms of the City Council, pointing out that position 1 of each ward is a four-year term on the next general election ballot. Discussion ensued regarding appointing for a four-year term; Mayor Swaim noted that the Attorney General’s opinion states there is no provision to hold a special election to fill a vacancy on the City Council. He stated that by State statute the only method for filling a vacancy on the City Council is by appointment. 2 Alderman Howard stated that during the Municipal League meeting he consulted with Attorney Mark Hayes who conveyed the same information to him. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 6, 2006 7:00 P.M. – 7:16 P.M. City Attorney Bamburg clarified that the only statutory requirement for anyone being appointed, besides being over 18 years of age, is that the person reside in the ward he or she is being appointed to. Mayor Swaim related that he had been contacted by Charles Bolden and Marilyn Canon regarding the position, adding that he had also heard mention that Curtis Green might be interested. At this time, MOTION CARRIED with Alderman Sansing abstaining. ADDITION TO THE AGENDA: Mayor Swaim related that while the pool is closed the Parks Department has requested to paint the pool. He noted that it would not add funds to the on-going pool project but would be funded from existing budgeted funds. Parks and Recreation Director George Biggs noted that the pool is being converted to chlorine, which should be a savings on chemical costs. Alderman Elliott moved, seconded by Alderman Smith to place Ordinance 1285 on the agenda. MOTION CARRIED. b. ORDINANCE 1285 (#18-06) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE ARKANSAS, FOR THE PURPOSE OF COMPLETING REPAIRS AND REHABILITATION TO THE COMMUNITY CENTER POOL; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1285 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1285. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1285 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1285 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1285. Alderman Stroud moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1285 on THIRD and FINAL READING. ROLL CALL: 3 Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1285. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 6, 2006 7:00 P.M. – 7:16 P.M. Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1285 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing that the EMERGENCY CLAUSE be attached and approved. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1285 THIS 6 DAY OF JULY 2006. c. Request to increase petty cash for Parks Department Mayor Swaim related the request to increase Parks petty cash to $200.00. Parks and Recreation Director George Biggs related the need to increase petty cash to keep from having IOUs issued while waiting for reimbursement of petty cash funds. Mayor Swaim stated that the policy is to keep petty cash at a minimum, noting that the Police Department has the largest City petty cash at $400.00. In response to a question posed by Alderman Smith, Finance Director Paul Mushrush related that the current amount is $125.00. Alderman Elliott moved, seconded by Alderman Howard to place the item of increasing petty cash funds for the Parks Department on the agenda. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Stroud to increase the petty cash for Parks Department from $125.00 to $200.00. MOTION CARRIED. APPOINTMENT(S): HOSPITAL BOARD appointment of Patrice Griggs for a term to expire 6/30/2011 Alderman Elliott moved, seconded by Alderman Ray to approve the appointment of Patrice Griggs for a term to expire 6/30/2011. MOTION CARRIED. ADVERTISING & PROMOTIONS COMMISSION reappointment of Ray Patel for a term to expire 3/31/2009 4 Alderman Stroud moved, seconded by Alderman Smith to approve the reappointment of Ray Patel for a term to expire 3/31/2009. MOTION CARRIED. CIVIL SERVICE COMMISSION reappointment of Otis Stewart for a term to expire 4/31/2012 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 6, 2006 7:00 P.M. – 7:16 P.M. Alderman Smith moved, seconded by Alderman Ray to approve the reappointment of Otis Stewart for a term to expire 4/31/2012. MOTION CARRIED. PARKS & RECREATION COMMISSION appointment of Jane Tallent to fill the unexpired term of Bobby Castile to expire 5/9/2007 Alderman Howard moved, seconded by Alderman Stroud to approve the appointment of Jane Tallent to fill the unexpired term of Bobby Castile to expire 5/9/2007. MOTION CARRIED. WATER COMMISSION reappointment of Jack Danielson for a term to expire 4/20/2014 Alderman Smith moved, seconded by Alderman Elliott to approve the reappointment of Jack Danielson for a term to expire 4/20/2014. MOTION CARRIED. ANNOUNCEMENT(S): ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:16 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 5