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94 FEB 17.docCITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 17, 1993 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 February 17, 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, Williamon, and Keaton answered roll call. Alderman Twitty arrived at approximately 7:06 p.m. and Alderman Fletcher arrived at approximately 7:20 p.m. Alderman Lewis was absent PRESENT NINE (9), ABSENT ONE (1). 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, Public Works Coordinator Skip Spears, Finance Director Paul Mushrush, Police Chief Don Tate, Asst. Police Chief Hibbs, Economic Development Director Phil Sullivan CDBG director Tony Ply, Fire Chief Rick Ezell, several firemen, 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 February 3, 1994, for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Sansing that the minutes of the January 20, 1994 Regular City Council Meeting be APPROVED. MOTION CARRIED. CONSENT AGENDA: a. CDBG Regular Monthly Report/January b. FIRE DEPARTMENT Regular Monthly Report/January 1994. a. CDBG: January 1994 Alderman Knight moved, seconded by Alderman Wilson that the Regular Monthly Report for January 1994, of the Community Development Department be approved. Said report reflects: Informal Meetings 1 Public Hearings ............................................0 a. Letters to prospective applicants .......................0 b. Applications received ...................................0 c. Work write-ups & estimates ..............................3 d. Pre-constructions conferences ...........................0 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 17, 1993 7:00 P.M. - 7:45 P.M. e. Paperwork for HOME Projects 0 f. Interim Inspections 28 g. Final Inspections 0 h. Partial Payments 2 i. Project Close-outs 0 Public Works: a. Bids Received ........................................1 b. Interim Inspections 14 c. HUD Workshops 1 d. Project Inspection I ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. b FIRE DEPARTMENT: January 1994 Alderman Knight moved, seconded by Alderman Wilson that the Regular Monthly Report for January 1994, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $ 75,500.00 for the month of January.) ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, William on, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: a. ORDINANCE 1019 (#3-94) 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. Alderman Knight moved; seconded by Alderman Keaton, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, 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. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 17, 1993 7:00 P.M. 7:45 P.M. Mayor Swaim asked for clarification with regard to the intent of the mention of personal property within the Ordinance. City Attorney Bamburg explained the need to state such even though the bulk of personal property tax has been removed by a previous Ordinance. Mayor Swaim pointed out that this Ordinance does not access taxes but places the issue on the ballot for a public decision. Alderman Knight moved, seconded by Alderman Smith, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Alderman Keaton moved, seconded by Alderman Wilson, to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Pletcher, 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 Smith moved, seconded by Alderman Ray, that Ordinance be approved on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON SECOND READING. Alderman Sansing related the need to re-double efforts to inform the public as to the real need for the passage of the millage increase. Fireman Bill Plunk noted efforts by the Fire Department to see the millage passed including cash flow analysis conducted in order to determine when the fund will be depleted adding that as is, employees will have to go to eighteen years without a pension. He asked the Council to support and help inform people with regard to the issue. It was suggested that an informational packet be prepared answering questions pertaining to the issue such as the reason why firemen are not covered by social security. 3 CITY OF JACKSONVILLE. ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 17, 1993 7:00 P.M. - 7:45 P.M. The need to inform the public of the consequences if the millage is not passed was noted by Alderman Fletcher. Alderman Wilson suggested looking at other options for accumulating funds for the police and firemen's retirement, mentioning the restriction of IRA's and suggesting a comparable 401K plan where they save for their own pension in addition to other help provided. Mayor Swaim related that personal retirement can be deferred from an employees salary stating that it is non-taxable until withdrawal. Alderman Smith moved, seconded by Alderman Knight, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Wilson, Ray, 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 Smith 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, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ADOPTED AND NUMBER 1019 THIS 17tH DAY OF FEBRUARY 1994. POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. RESOLUTION 468 (#2-94) 4 CITY OF JACKSONVILLE. ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 17, 1993 7:00 P.M. - .7:45 P.M. A RESOLUTION AUTHORIZING AN ADDENDUM TO THE AGREEMENT WITH SEDGWICK JAMES OF THE CAROLINAS FOR THE PURPOSE OF ASSISTING IN THE OPENING AND OPERATION OF THE PULASKI COUNTY REGIONAL JAIL; AUTHORIZING THE MAYOR TO EXECUTE SUCH AN ADDENDUM; DECLARING AN EMERGENCY; AND, PRESCRIBING OTHER MATTERS RELATING THERETO. Mayor Swam related the events leading into the conditions surrounding the original agreement with Sedgwick James to perform a study determining a reasonable budget for operation of the Regional County Jail. He related that the adoption of the budget and distribution of funds were completed and in the meanwhile difficulties in opening the facility occurred. He then related that after meeting with other mayors it was discussed hiring the same consultant to complete the policy procedure manual and part of the training in order to escalate the opening of the jail. He pointed out that Resolution 468 is an addendum to that agreement with Sedgwick James authorizing completion of that agreement. He informed Council of one critical point, that a person would be hired to oversee the transition over the coming months with estimated opening date in July. He related the importance of the jail opening in proper operating manner with a spirit of cooperation among all who will use the facility adding that the person hired would remain for 30 days after opening to ensure proper operation. Alderman Wilson moved, seconded by Alderman Ray to read Resolution 468 (#2-94). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Wilson to dispense with the reading of the Resolution in its entirety. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Smith to APPROVE Resolution 468 (#2-94) MOTION CARRIED. Mayor Swaim clarified that the funds will be reimburse from the trust account being used to fund previous agreements of the same nature. b. RESOLUTION 469 (#3-94) A RESOLUTION AUTHORIZING AN AGREEMENT WITH PULASKI COUNTY, ARKANSAS, FOR THE PURPOSE OF OPENING AND OPERATING THE JACKSONVILLE HEALTH UNIT OF THE PULASKI COUNTY HEALTH DEPARTMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT AS SUCH; DECLARING AN EMERGENCY; AND, PRESCRIBING OTHER MATTERS RELATING THERETO. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 17, 1993 7:00 P.M. - 7:45 P.M. Mayor Swaim related that the city contributed to the remodeling of the new location on First Street and in the past paid a portion of the utilities and expenses adding that the County has asked that Jacksonville pay 8$ which is relative to the city's population. He related that the 1994 budget for the facility contained expenses that he will ask be deleted, and for that reason he asked that action be delayed until the next regularly scheduled Council Meeting. Mayor Swaim announced a meeting later the same evening for the Economic Development Department adding that a public hearing is scheduled for February 22, 1994 at the Ramada Inn. He encouraged attendance and input from the public. Alderman Smith asked that Public Works Director Skip Spears give an update on recycling efforts within the City. Mr. Spears related that the city received an early delivery of the recently purchased recycling bins and that distribution of the bins is ready to begin He related that due to the time and season, the beautification employees will handle the distribution which will start in the northern part of the City with Northwood Acres, Foxwood Subdivision and going North of Madden Road to the neighborhoods near the Toneyville Road continuing with the neighborhoods East of Southeastern between Graham and Military expanding East from this point with regard to route completion time. He related that with the distribution of the bins a third of the City will be receiving recycling service using four days of the week and leaving Tuesday open to cover the Sunnyside area incase the grant to the County District Program is not renewed. In response to a question posed by Alderman Ray regarding cab service, Mayor Swaim related that there is interest from a. company. He said that the Black and White Cab Co. backed out of relocating in Jacksonville. He stated that with regard to franchise fees he would like to wait until a cab company is willing to commit to the desired service needed in Jacksonville. Mayor Swaim related that all business of the Council was concluded and recognized Chief Don Tate and his wife Ann who was here attending Council for "the last time. He then related that he and the Council appreciate the time they spent in Jacksonville, publicly thanking Chief Tate for his service to the community adding that he hoped he would enjoy success in his new job in E1 Dorado. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 17, 1993 7:00 P.M.  7:45P.M. Alderman Wilson expressed concern over the polling places and suggested talking with the Election Commission. Mayor Swaim related that it is difficult to find places desiring to be a polling place any more. Discussion regarding the rent paid to polling places and the need to provide lighted polling places for the citizens served. He related that he would address the issue with the County Judge. Alderman Ray posed a question with regard to the annexation situation with the City of Sherwood. Mayor Swaim related that he had discussed the annexation with the Mayor of Sherwood and that Sherwood has already secured the signatures of the residents of the area to be annexed. He related that there will be a meeting to negotiate a reasonable boarder to correct some of the inequities which resulted in taking the long section running down the freeway, bringing the city limits up to the radio station on the south bound side, adding that there is some property behind the radio station belonging to a property owner who wishes to be annexed into Jacksonville. He pointed out a boundry on the North bound side starting at the radio station going along the center line of the freeway into the present city limits. He related that a member of the citizens organization of the Brushy Island area related that they were not interested in annexing into either Sherwood or Jacksonville but that preference was with the Sherwood area because the police protection is half to a third the distance from the Jacksonville area. He related that the advantage offered to this area would be a lower fire rating however the fire trucks would have to go to Rixey Road and cross over before being able to reach the residents of that area. He reported that there was never a duel between he and the Mayor of Sherwood but only a concern to achieve an equitable annexation to straighten up the boarders. He concluded by saying that it has been this administrations policy not to try and forcibly annex or annex an area that cannot be offered an improvement of services. Civil Service Commissioner, Mr. Jimmy Durham, related that as a whole the Civil Service Commission feels there is no immediate emergency in filling the position of Police Chief, that the department is running well at this point. He noted that the 22nd of February is the last day Chief Tate will serve the City of Jacksonville in that position. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 17, 1993 7:00 P.M. - 7:45 P.M. ANNOUNCEMENTS: ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:45 p.m. Respectfully, _________________________ _____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 8