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98 NOV 19.DOC CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 1998 7:00 P.M. - 7:30 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DR. The City Council of the City of Jacksonville, Arkansas met in Regular Session on November 19, 1998 at the regular meeting place of the Council. Alderman Marshall Smith delivered the invocation after which Mayor Tommy Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton, and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL, declaring a quorum. PRESENT nine (9), ABSENT one (1). Alderman Fletcher notified the office of the Mayor that he was unable to attend the meeting. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, Director of Human Resources Steve Ward, Police Chief Larry Hibbs, Fire Chief John Vanderhoof, City Engineer Duane Reel, Finance Director Paul Mushrush, Public Works Director Murice Green, Planning Commissioner Bob Walker, Mrs. Judy Swaim, Mrs. Dee Dee Hibbs, interested employees from the Police Department, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of November 5, 1998 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Lewis that the minutes of the Regular City Council Meeting of 15 October 1998 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Lewis that the Regular Monthly Report for October of the Jacksonville Police Department be APPROVED. Said report reflects; Fine Settlements $67,688.64, Miscellaneous Payments $ 305.00, Small Claims $75.00, Civil $875.00, Report Sales $292.00 making TOTAL COLLECTIONS: $69,235.64. ASSESSED: $48,670.00. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton, and Howard voted AYE. MOTION CARRIED. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Lewis to APPROVE the monthly Report for November 1998 of the Jacksonville Fire Department. Said Report reflects a fire loss of $140,980.00 . CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 1998 7:00 P.M. - 7:30 P.M. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton, and Howard voted AYE. MOTION CARRIED. WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. ORDINANCE NO. 1108 (#18-98) AN ORDINANCE APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF JACKSONVILLE, ARKANSAS HEALTH CARE FACILITIES BOARD TO FINANCE HEALTH CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Mayor Swaim recognized Mr. Shep Russell of the Friday Eldridge and Clark Law firm to address the item of business. Mr. Clark related that a notice was published in the local paper fourteen days in advance of the meeting to advertise the hearing on Ordinance 1108 (#18-98) which would approve the issuance of 2.5 million dollars maximum in bonds to finance a new schools training facility and a wood working repair maintenance facility for Pathfinders, by the Health Care Facilities Board, at the corner of Main and Redmond Road across from the Fire Station. He said that the bonds will be obligations only of Pathfinder Schools who will own and operate the project and that there will be no responsibility born by the City of Jacksonville. Mayor Swaim related that the bonds are exempt and bank approved which offers public entities a better interest rate, adding that the City of Jacksonville has the ability to issue ten million dollars in bonds per year and that the Pathfinder Organization has requested that they be allowed to use 2.5 million of that authority to issue bonds to build the new facility. Issuance of the bonds will be toward the end of the 1998 calendar year he stated. Mayor Swaim closed the public hearing at approximately 7:05 p.m. Alderman Smith moved, seconded by Elliott to place Ordinance 1108 on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 1998 7:00 P.M. - 7:30 P.M. Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Lewis to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Wilson to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Howard 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 Ray, moved, seconded by Alderman Lewis, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Sansing moved, seconded by Alderman Wilson, that Ordinance APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Wilson, that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1108 THIS THE 19TH DAY OF NOVEMBER, 1998. b. RESOLUTION 509 (#5-98) A RESOLUTION SETTING A PUBLIC HEARING TO ADDRESS THE ISSUE OF VACATING AND CLOSING NIXON AND THOMAS STREET, JACKSONVILLE, ARKANSAS (GENERAL LOCATION: THE PORTIONS OF NIXON AND THOMAS STREETS LYING EAST OF BAILEY BOULEVARD); AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 1998 7:00 P.M. - 7:30 P.M. Alderman Wilson moved, seconded by Alderman Ray that Resolution 509 be read. MOTION CARRIED. The resolution was read by City Attorney Bamburg. Alderman Wilson moved, seconded by Alderman Smith to approve Resolution 509 (#5-98). MOTION CARRIED. Mayor Swaim related that the public hearing is schedule for the December 17th at 7:00 p.m. at the regularly scheduled City Council meeting. c. Request to advertise for proposals regarding a City Wide Salary Consultant. Mayor Swaim related proposals need to be prepared and that the cost should be addressed in the budget hearing, he speculated cost to be between ten and forty thousand dollars depending on how extensive the study is. Alderman Smith moved, seconded by Alderman Ray to advertise for proposals regarding a City Wide Salary Consultant. In response to a question posed by Alderman Wilson, Mayor Swaim related that request for proposals will be advertised for 30 days and then study proposals will need to be completed in 30 days or less. Alderman Wilson commented on the budget timing and suggested that companies interested be asked to complete the study in twenty days granting thirty days if necessary. Alderman Ray suggested that personnel already on staff could compile and complete the study; saving the consultant fee and applying it toward salaries. Mayor Swaim stated that while he can appreciate saving money he has concerns regarding the acceptance of an in-house study and feels the question of an outside consultant would be more beneficial given the circumstances. At this time the MOTION CARRIED. APPOINTMENTS: Mayor Swaim related that the Council receives recommendation from the existing Board, adding that the Council has authority to accept or deny its recommendation. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 1998 7:00 P.M. - 7:30 P.M. Alderman Wilson moved, seconded by Alderman Ray to approve the reappointment of Mr. Boyce Moore to the Housing Facilities Board for a five (5) year term expiring 10/24/2003. MOTION CARRIED. AHOD COMMITTEE REPORT: Alderman Keaton related that with the help of City Attorney Bamburg and Planning Commission Chairman Bart Gray a draft ordinance was reviewed and that the Planning Commission will host a public hearing at the next regularly scheduled meeting December 14th. ANNOUNCEMENTS: City Hall Christmas Open House will be held December 18th from 1:00 p.m. to 4:00 p.m. AICUZ proposed ordinance will be discussed at the last City Council meeting in December or the first meeting in January. Budget presentation was discussed and it was related by Mayor Swaim that the preliminary presentation of the budget could be ready for early review at the December 17th regularly scheduled meeting or a special called meeting if Council desires. He then related that he would be unable to attend the first meeting in December. It was noted that January 15th is the deadline to pass the City budget. Mayor Swaim apologized for the late start on the budget relating that there were undetermined items because of initiated acts on the November ballot. Alderman Wilson suggested that newly elected alderpersons receive copies of the proposed budget. Mayor Swaim clarified that State Law provides that "the Mayor will prepare a budget and present it to the City Council for review", adding that this is where things are currently. Alderman Smith suggested that the first meeting in December be postponed to allow the Mayor more review with Council regarding the budget. Mayor Swaim offered December 3rd, 10th, and 17th as Thursday evenings that could be available. It was determined that the there would be no business from the Planning Commission that would require action for the next scheduled City Council meeting. Other discussion ensued as to items scheduled for the next City Council meeting with regard to budget preparedness. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 1998 7:00 P.M. - 7:30 P.M. Alderman Wilson moved, seconded by Alderman Smith that the December 3rd meeting be postponed until a special meeting can be called in its place. MOTION CARRIED with Alderman Sansing voting NAY. Motion received eight (8) affirmative votes, (1) negative vote. Public Works Director Murice Green announced that City Hall will hold its Christmas lighting Ceremony 3 December 1998 at 6:45 p.m. Alderman Sansing moved, seconded by Alderman Howard to hold a special called meeting 10 December 1998. In response to a query from Alderman Wilson, Alderman Sansing stated that there would be need to meet before the December 17th meeting. He related that he has spoken with the City Attorney regarding proposed legislation for an earlier meeting. After a voice vote Roll Call was taken. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Keaton, and Howard voted AYE. Alderman Ray, Wilson, and Williamson voted NAY (0). Motion received six (6) affirmative votes, (3) negative votes. MOTION CARRIED. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:30 p.m. MOTION CARRIED. Respectfully, ___________________________ ____________________________ Lula M. Hawkins MAYOR City Clerk-Treasurer