93 Nov 04 CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 4, 1993
7:00 P.M. - 7:35 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 November 4, 1993 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, Lewis, Sansing, Wilson,
Williamson, Keaton and Twitty answered roll call. Alderman Ray
arrived at approximately 7 :06 p.m. and Alderman Fletcher arrived at
approximately 7:09 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,
Deputy City Clerk Susan Goings, Asst. to the Mayor Betty Anderson,
City Engineer Duane Reel, Public Works Coordinator Skip Spears,
Finance Director Paul Mushrush, Police Chief Don Tate, Asst. Police
Chief Hibbs, Economic Development Director Phil Sullivan and
Associate Mrs. Rona Scott, Planning Commission Vice Chairman Art
Brannen, Mrs. Judy Swaim, wife of the Mayor, other city employees,
interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council
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Meeting of October 21, 1993 for study and action at the next
Regular City Council Meeting.
APPROVAL AND /OR CORRECTION OF MINUTES:
Alderman Wilson moved, seconded by Alderman Lewis that the minutes
of the October 7, 1993 Regular City Council Meeting is APPROVED.
MOTION CARRIED.
CONSENT AGENDA: a. POLICE DEPARTMENT Regular Monthly
Report /September b. ANIMAL CONTROL Regular Monthly Report /October
1993.
a. POLICE DEPARTMENT: September 1993
Alderman Smith moved, seconded by Alderman Wilson that the monthly
report of the Jacksonville Police Department for September 1993, be
APPROVED. Said report reflects COMPUTER COLLECTIONS OF $44,964.39,
MISCELLANEOUS PAYMENTS OF $ 685.00, REPORT COPIES OF $1,060.00,
TOTAL COLLECTIONS FOR THE MONTH OF SEPTEMBER 1993 OF $46,709.39.
ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson,
Williamson, Keaton and Twitty voted AYE. MOTION CARRIED.
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I CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 4, 1993
7:00 P.M. - 7:35 P.M.
b. ANIMAL CONTROL: October 1993
Alderman Smith moved, seconded by Alderman Wilson to APPROVE the
monthly Animal Control Report of the month of October 1993. Said
report reflects the following: CONTRIBUTIONS $70.00,
ADOPTION /FINES $525.00, SECURITY DEPOSITS $275.00, for a total of
$870.00. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing,
Wilson, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
UPDATE: Drainage Projects
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Mayor Swaim related that he would also like an update on the
Sunnyside Drainage Project.
City Engineer Reel related that the Sunnyside Drainage Project is
funded by hilock grant money and does not appear on the list he
presented to the Council. He related that a total of almost
$600,000.00 has been spent on ten major drainage projects from a
priorities list during 1993, adding that some of the major
projects will be completed by early spring.
In response to a question from Alderman Wilson, City Engineer
Reel related that the railroad underpass drainage improvements
project that is being worked by the State Highway Department has
proved satisfactory thus far, adding that he and the Highway
Department are waiting for an extended rain to fully judge the
performance.
PARKS & RECREATION DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION: a. ORDINANCE 1011 ($24 -93) Re:
Rezoning /Evans Property from C -3 to R -4
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CITY OF JACKSONVILLE, ARRANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 4, 1993
7:00 P.M. - 7:35 P.M.
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE,
ARKANSAS (GENERAL LOCATION: APPROXIMATELY 3.6 ACRES LYING NORTH OF
PINE MEADOWS MOBILE HOME PARK AND SOUTH OF QUINCE HILL ROAD
ADJACENT TO JOHN HARDEN DRIVE); AMENDING ORDINANCE NUMBERS 213 AND
238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES.
Alderman Keaton moved, seconded by Alderman Wilson that Ordinance
1011 be placed on FIRST READING. ROLL CALL: Aldermen: Knight,
Smith, Lewis, Sansing, Wilson, Williamson, Keaton and Twitty voted
AYE. NAY (0). Motion received eight (8) affirmative votes, (0)
negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City
Attorney Robert Bamburg.
Alderman Smith moved, seconded by Alderman Sansing to suspend the
rules and dispense with the reading of the Ordinance in its
entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing,
Wilson, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion
received eight (8) affirmative votes, (0) negative votes. MOTION
CARRIED.
Alderman Ray arrived at this time.
Alderman Wilson moved, seconded by Alderman Sansing that the
Ordinance be ACCEPTED on FIRST READING. ROLL CALL: Aldermen:
Knight, Smith, Lewis, Sansing, Wilson, Williamson, Keaton and
Twitty voted AYE. NAY (0). Alderman Ray Abstained from the
voting. Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED.
Alderman Smith 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, 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 Sansing moved, seconded by Alderman Smith to further
suspend the rules and place the Ordinance on THIRD AND FINAL
READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray,
Wilson, 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 Fletcher arrived at this time.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 4, 1993
7:00 P.M. - 7:35 P.M.
Alderman Smith 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 WAS ADOPTED AND NUMBER 1011 THIS 4th DAY OF NOVEMBER
1993.
b. FINAL PLAT /Penn Subdivision
Mayor Swaim related that the Planning Commission has recommended
approval of the final plat of Penn Subdivision with no
stipulations.
Alderman Keaton moved, seconded by Alderman Knight to ACCEPT the
Final Plat of Penn Subdivision. 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.
GENERAL: ORDINANCE 1012 ( #25 - 93) Ref: Cable TV Regulation
AN ORDINANCE TO PROVIDE FOR THE REGULATION OF BASIC SERVICE TIER
RATES AND RELATED EQUIPMENT INSTALLATION AND SERVICE CHARGES OF ANY
CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF JACKSONVILLE,
ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Swaim stated that the City is only able to regulate the basic
tier of services whenever Storer Cable is outside the parameters
set by the FCC with regard to rate setting.
Alderman Wilson moved, seconded by Alderman Knight that Ordinance
1011 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 Sansing moved, seconded by Alderman Ray to suspend the
rules and dispense with the reading of the Ordinance in its
entirety. 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.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 4, 1993
7:00 P.M. 7 :35 P.M.
City Attorney Bamburg related that this is the second phase of
action taken by the Council in September that will not only allow
the City to accept the franchise authority but to implement it
within FCC guide lines. He pointed out that other municipalities
in the area are passing like ordinances.
Alderman Smith moved, seconded by Alderman Lewis that the 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.
Alderman Wilson moved, seconded by Alderman Smith, to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermerir Knight, Smith, Lewis, Sensing, 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 SECOND
TIME.
Alderman Knight moved, seconded by Alderman Lewis 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.
Alderman Sansing moved, seconded by Alderman Wilson, 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 Wilson 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 WAS ADOPTED AND NUMBER 1012 THIS 4th DAY OF NOVEMBER
1993.
ANNOUNCEMENTS:
Economic Development:
Mayor Swaim introduced Phil Sullivan who is the director for the
Economic Development Study Plan, He, along with -Rona Scott, will
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I CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 4, 1993
7:00 P.M. - 7:35 P.M.
conduct a study and present the City with a 5 -year Economic Plan.
Mr. Sullivan related that he is pleased to be in Jacksonville and
has chosen to retire here and feels he was lucky enough to have
been chosen for the position and that he is looking forward to
beginning work.
Mayor Swaim expressed appreciation to both Mr. Sullivan and Mrs.
Scott adding that he is optimistic about the Economic Development
Study.
Mayor Swaim announced a public hearing to be held December 2, 1993
during the regular City Council Meeting in regard to the Community
Development Block Grant 1994 funding.
He also announced that City Hall will be closed November 11, 1993
in observation of Veterans Day.
i DEVIATION IN AGENDA:
Alderman Knight requested a deviation in agenda in order for Mr.
Mike Harwood to address the Council in regard to medical bills.
Alderman Knight moved, seconded by Alderman Fletcher to suspend the
rules and place an item of business from Mr. Harwood on the agenda.
MOTION CARRIED.
Mr. Harwood made reference to an incident that occurred on June 17,
1993 as his reason for coming before the Council. He related that
on this date he was physically assaulted by the Jacksonville Police
Department. Stating that, "I was accosted by five officers, taken
immediately from the booking cell to the emergency room at the
Jacksonville Hospital." At this time Mr. Harwood requested to pass
photographs to Council. He then stated, "At that time I was
charged with public intoxication, that is neither here nor there,
but because of the incident I received nine stitches in my
forehead. I was taken immediately from the booking room to
Rebsamen Hospital. I was told at that time that I should come back
in five days to have the stitches removed. I went back and had the
stitches removed and at that time I spoke with the billing clerk
her name is Rea Rile at Rebsamen Hospital. She called the
Jacksonville Police Department and spoke with Gladys Hall and she
said at that time that JPD stated they would be paying for the
bills that's noted here in the medical records. I have a bill that
' was the original bill from the June 17, incident with a balance of
$234.00. On the original first bill there was $38.50 paid leaving
a balance of $195.50. When I went to have the stitches removed the
bill at that time was $195.50. The Jacksonville Police Department
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 4, 1993
7:00 P.M. 7:35 P.M.
•
did pay $195.00 leaving a $.50 balance on that bill. On the third
bill I was instructed by the doctors to come back and have an ex-
ray where my thumb had been hyper- extended back. I still have a
knot on my thumb because at the time when they originally looked at
my thumb they thought there may have possibly been a hair line
fracture and they wanted to allow a couple of days for the
calcification to develop so that they could notice as they do the
ex -rays, also on the third time I went back they had missed one of
the stitches and I also had to have another stitch removed. The
bill for that was $107.25 plus an additional $28.00 for Radiology
Consultants. To this date none of these bills with the exception
of the $38.00 on the first bill and the $195.00 on the second bill
have not been paid. I went to Mr. Hibbs several times about this.
He said that they would pay the initial bill on this. To date, it
still has been paid. His rational for it was, and I can
understand this, of course 1f the pre- existing condition had of
happened if I had went to, had been incarcerated with a pre -
existing condition for instance if I had a heart murmur or
something and it flared up and they had to take me to the emergency
room while I was in their care, they said they would pay for it.
However this was not a pre- existing condition. I did not have nine
• stitches in my forehead before I was arrested and as such this was
not an exasperated issue. This is something that happened while I
was in his custody, I was taken down there and stitches were placed
in my head. I had to go back and have the stitches removed. This
happened a little over a year ago. To date these bills have still
not been paid. I am continuously being harrassed by collectors;
I went to Don Tate, I tried to offer him a simple solution - just
to pay the bills. That way we wouldn't have to come back in front
of Council and raise a big stink over it. Somewhere in the
conversation I mentioned the word damn in a sentence, he threw me
out of his office. I again wanted to approach the Council on this
and get the Council to... since this is a City run hospital, the
injuries were occurred at the Police Department. I would like to
have these bills taken care of."
City Attorney Hamburg asked Mr. Harwood if his request is for the
City Council to take action and either pay or resolve the bills?
Mr. Harwood answered "Yes Sir."
City Attorney Hamburg related that his recommendation is that the
Council not act at this time on the present it em
of business. He
then stated that the Hospital is run by the Hospital Commission and
that it is their business to handle matters such as debts or
balances, adding that for the Council to take action would
intercede with the purpose of the Hospital Commission. This is an
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 4, 1993
7:00 P.M. - 7:35 P.M.
action that at some time could involve litigation, stating that he
preferred this action be addressed through Chief Tate and his
office. He said that if Mr. Harwood is not satisfied with the
resolution from that direction, he could then take whatever action
he felt necessary.
Mayor Swaim voiced that previously many times he has related to Mr.
Harwood that the Council is not the place to resolve such issues,
adding that many times he has had to ask Mr. Harwood to leave his
office for other reasons aside from this. He related to Mr.
Harwood that he could not bring every issue he feels is wrong
before Council, pointing out that Council is not an administrative
board but a legislative one.
BID FOR THE FRANKLIN ELECTRIC BUILDING:
Mayor Swaim asked that the rules be suspended and the item of bids
for the Franklin Electric Building be placed on the agenda. He
explained that two bids were received at 10:00 a.m. in regard to
the sale of the building. He said that one bid is acceptable while
I the other bid was withdrawn with reasons due to bid specifications.
At this time Mayor Swaim provided Council with copies of the bids
received.
Alderman Wilson moved, seconded by Alderman Sansing to suspend the
rules and the item of business of the sale of the Franklin Building
on the agenda. MOTION CARRIED.
Mayor Swaim related that the offer from Triangle Engineering
included earnest money of $50,000.00 dollars and business plans and
all the specifications required by the City. The second offer from
RJM Industries was not an operating business and did not meet
specifications.
City Attorney Hamburg advised that the Council would need to allow
RJM to withdraw its offer.
Alderman Wilson moved, seconded by Alderman Sansing to allow RJM
Industries to withdraw their offer on the Franklin Electric
building. MOTION CARRIED.
Mayor Swaim related that Mr. Preston Robinson from Triangle
Engineering is present at Council and that his offer of $500,000.00
I did meet specifications adding that Mr. Robinson has an existing
industry in the City which has operated beneficially for a number
of years. He related that upon acceptance and closure of the offer
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 4, 1993
7:00 P.M. - 7:35 P.M.
from Mr. Robinson his present building would be available for
lease or sale granting the city the opportunity for another
industry bringing new jobs.
Alderman Wilson moved, seconded by Alderman Smith to ACCEPT the
offer of $500,000.00 from Triangle Engineering for the sale of
the Franklin Electric Building containing 21.17 acres. MOTION
CARRIED.
Mayor Swaim congratulated Mr. Robinson on the purchase of the
Franklin building and expressed excitement for the City of
Jacksonville and the opportunity to locate another industry in
• his present building.
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Mayor related that the money from the sale of the Franklin
Electric building would be used to promote Industrial Development
by purchasing additional land for use as an Industrial Park.
Alderman Smith moved, seconded by Alderman Wilson to allow the
Mayor and City Clerk to sign closing papers. MOTION CARRIED.
ADJOURNMENT:
Mayor Swaim adjourned the meeting at approximately 7:35 p.m.
Respectfully,
(�/
L u M. Leonard MAYOR 1
City Clerk- Treasurer
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