94 AUG 4.docCITY 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.
2
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.
3
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.
4
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.
7
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