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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. 1 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. 2 1q5 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. i 3 19 (4) 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. 4 'n7 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. 5 19B 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. 6 I 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. 7 SOCi 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. 8 dot 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. 10 r„7C6'3 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 M oZL1J 3- r* i eo ---I 3 I r -< D i I IC) 1 C -G I 7) Z ((_ 4 i o 0 00 O 1 N a � -I i r 4' Z 71 t�. - '- I 77 R d d n m N A n C n ` 3 rl C - O 1 Ld O 1 1 A 3 'l Z Z : — i ! i=i rn co M -1 Cf D td -1 -p C 70 A i (I A A fn 71 1 \ i - I-•• o \ � Z rt N N n Y Y k ti 3 N a 'D r C y H. C n is (n Z W o rt o N ! 1-.. - to — A n + D C CO t P 3 I. 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