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91 APR 4.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1991 7:00 P.M. - 8:10 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 April 4, 1991 at the regular meeting place of the Council. Alderman Robert Lewis delivered the invocation after which Jessica Vaughn and Andrea Holcomb led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray. Wilson, Keaton, and Twitty were present. Alderman Fletcher and Williamson came in immediately after ROLL CALL. PRESENT, TEN (10) ABSENT, (0). Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting were Personnel Director/Mayoral assistant Michael Bee man, City Attorney Robert E. Bamburg, Deputy City Clerk Teresa Parker, Captain Larry Hibbs, and Captain Bennie Tolbert of the Police Department, City Engineer Duane Reel, other city employees, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Counci1 Meeting of March 21 1991 for study and action at the next regular meeting of the council. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Wilson moved, seconded by Alderman Ray that the minutes of the March 7, 1991 meeting of the City Council be APPROVED MOTION CARRIED. CONSENT AGENDA: PROBATION DEPARTMENT: Regular Monthly Report/March ANIMAL CONTROL DEPARTMENT: Requ1ar Monthly Report/March Mayor Swaim introduced the items of business and pointed out that a tape of the requests made by the Council at the time of Mr. Mahone's last monthly report was provided Mr. Mahone so that there would be no misunderstanding of what the Council would 1ike included in this months report. (All information included in said report is recorded on page three of these minutes.) Several comments were made by members of the council regarding Mr. Mahone's report not being as thorough as was requested at the last meeting. Alderman Sansing made several comments regarding a three-hour meeting with Mr. Mahone recently. He said Mr. Mahone was kind of confused about what was wanted on the tape and that Mr. Mahone stated that if more of the Council knew what his job was, that if they would come down there, then they would know what information they want. He related to the council information which he said CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1991 7:04 P.M. - 8:10 P.M. Mr. Mahone gave him with regard to .the activity of probationers, their times of reporting which are by scheduled appointment, pointing out that whether or not they have a job alters changes in the report and that approximately two-thirds of the probationers are supervised and one-third are not and the process by which records are expunged. City Attorney Bamburg explained that expunging records is only applicable to certain misdemeanor cases, that it is not applicable to any type of felony offense or major crimes, etc. He said that commonly, the period is usually a year. Mr. Sensing went on to explain the probation officers involvement with offenders who are required to do community service, the presentation of programs in schools representing the court which basically are drug programs, which he said is drug education. He added that Mr. Mahone make a lot of trips to Little Rock to pick up free brochures, twenty-five (25) at the time, which are used in the drug program presentations. Alderman Knight questioned whether or not the council should accept the fact that the type of report from Mr. Mahone is not going to contain the kind of information requested, adding that she does not intend to spend three hours in his office. It was pointed out by Alderman Fletcher that he felt much of the information passed on by Alderman Sansing could have been included in the monthly report. He said that records of the success rate of programs would be good to have, adding that he felt he was not more educated now than when the last report was received. Alderman Twitty explained that she would like to see in the report how many hours the probationers spend doing community service, pointing out that she realized that some of the information is confidential, as well as how many probationers are supervised and come in per month. Mr. Sansing voiced that he was not sent to tell the Council what Mr. Mahone did but that he went to find out for himself what was going on and that perhaps the request needs to be straightened out so that Mr. Mahone will know specifically what the Council is looking for, not something vague. Alderman Williamson voiced that who Mr. Mahone works for should be clarified. Alderman Knight pointed out that not many of the cases should be juvenile cases relating to the hours spent going back and forth to pick, up literature in Little Rock: and drug educational work in the area of youth in relation to what is on the job description of Mr. Mahone. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1991 7:00 P.M. - 8:10 P.M. Alderman Sansing stated that it was explained to him that the drug education work is done through the court. Alderman Smith voiced that what he feels the desire of the council is to expand the report to show some of the things under discussion. Mayor Swaim voiced that he had 1istened to the tape and that if he had a job, and the boss, which he stated that the City Council is, had asked for an explanation of what he was doing, that he would either show up or he would send a report. He asked whether or not the Council desired that Mr. Mahone be in attendance at the next meeting with the information requested or is a meeting with him desired. He added that, basically, Mr. Mahone has said, “I am not going to tell you anything". Alderman Knight voiced that she is interested to 1earn how much of the job is being done as probation officer versus how much is representation of the court. The consensus of the council was that Mr. Mahone be in attendance with a report at the first City Council Meeting in May. As Alderman Wilson moved to approve the reports of the Probation Officer and the Animal Control Department, Alderman Ray posed a question regarding the overtime listed on the Animal Control report and City Engineer Reel explained that one animal control- leer is on call twenty-four hours a day but receives pay for only the hours worked when called out on a particular case. PROBATION DEPARTMENT: Regular Monthly Report/March Alderman Wilson moved, seconded by Alderman Knight that the Regular Monthly Report for March of the Probation Department which reflects 131 cases ending Feb. 26, 1991, 24 cases added for the month of March, 1991 , 17 probations completed, month ending March 31,. 1991, TOTAL CASES: 138, be APPROVED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Twitty voted AYE. NAY 0 Motion received ten (10) affirmative votes, (U) negative votes. MOTION CARRIED. ANIMAL CONTROL DEPARTMENT: Regular Monthly Report/February Alderman Wilson moved, seconded by Alderman Knight that the Regular Monthly Report for March of the Animal Control Dept. which reflects Revenues Received: Contributions of $100.00, Adoptions/Fines, $1,112.75, and Security Deposits $300.00 for a TOTAL of $1,512.75 be APPROVED. ROLL CALL: Aldermen Knight, Smith , Lewis, Sansing, Ray, Wilson, Fletcher, Keaton, Williamson, and Twitty voted AYE. NAY 0. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1991 7:O0 P.M. - 8:10 P.M. WATER DEPARTMENT: SEWER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS AND RECREATION DEPARTMENT: SANITATION DEPARTMENT: Review of Sanitation Costs for 4 years/ Projections of Future Costs Mayor Swaim recognized Mr. Michael Beeman to address the item of business before the council. Mr. Beeman clarified what is meant by trash; namely outside waste from lawns, trees etc. He presented a graph which showed that landfill costs for trash operations alone from 1982 to 1991 has increased 258%, an average increase of 25% per year. He said that the first three months of a six year period was averaged and in comparison to the first three months of this year, the increase in landfill costs for the dumping of trash in 1991 is 631.42%. He related that projections for 1991 is approximately $68,8000.00 for trash landfill fees adding that the costs may exceed that and increase past $87,000.00 with an increase from the landfill due to begin May 1. He related that regulations, imposed by recent legislation passed, states that by 1993, no trash, limbs, trees, etc. will be allowed to be dumped in landfills. He said that options include individual composting, which will not alleviate the problem, city composting or location of another city or private firm who can handle the outside waste. He said that the closer 1993 gets there will be a lot of activity by private firms and that costs will be expensive. Alderman Wilson asked if Pollution Control would allow an owner of a rock quarry or the 1ike to receive the waste. Mr. Beeman said they would not adding that legislation is following a national trend noting that fifteen states have passed similar legislation pointing out that federal legislation has also been passed. He said that what we have to think is recycle adding that cities are being forced to come to grips with the problem of organic waste disposal. CITY OF JACKSONVILLE ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1991 7:O0 P.M. - 8:10 P.M. Alderman Knight questioned whether or not the city has applied for grants to aid in recycling endeavors. Mayor Swaim said that the city has not yet applied but that he and Mr. Dick Morris have talked about a joint grant with some composting with the use of sludge from the Wastewater Utility. He said that he has talked with Sherwood, North Little Rock, and the State but until the city has a plan of its intentions documented, an application is not in order. He said that recycling, city composting, perhaps with the use of a tub- grinder, which grinds the wastes up so that it can be accepted by a landfill, and can be used in the city is going to be a must by 1993. He said that stumps and logs are not totally excluded from the landfill at this time. Alderman Smith commented that he feels the tub-grinder viewed by several members of the Council, the Mayor, and other interested citizens was not large enough adding that he felt it is a good option as a solution to the solid waste disposal problem. Mayor Swaim said that if costs are not curbed now, that within the next few months, the costs will be over the budget. He pointed out that a fifteen cent increase per 1oose yard will be added May 1, which will increase our costs from $63.00 to $66.25 per load. Mr. Beeman pointed out that if the city starts handling its own trash, it can probably expect a fifty percent savings on the $87,000.00 which will be spent in landfill fees for the dumping of trash: in 1991. He added that 1993 is not far away as the urgency of finding a solution was stressed. Alderman Wilson suggested that Mr. Jim Sherrill be invited to address the Council with regard to the trash problem. Mayor Swaim agreed to contact Mr. Sherrill and ask him to come. More discussion ensued regarding funding of a tub-grinder with Mayor Swaim stating that funds are available and that the city is getting in a position to go out for bids on a piece of equipment. He said that he would propose that the Sanitation Department pay back the funds over the years if a purchase is made. Mayor Swaim pointed put that he would visit in the city of Chicago at the expense of the company doing the presentation of a tub-grinder. He said that the small grinder viewed recently in the city was driven here from North Dakota. He noted that North Little Rock and Sherwood have expressed interest in a joint venture if the purchase of the large grinder is too much for our city to handle. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1991 7:0O P.M. - 8:10 P.M. He said that the regional landfill efforts are stymied at this time adding that compost and recycling are the most desirable solutions with the possibility of a county landfill. He said that special legislation was passed which allows Little Rock to be exempt and do their own disposal due to their population. He pointed out that a large piece of equipment, if purchased by the City of Jacksonville, could possibly be integrated into a regional facility which is still being negotiated. He said that there is very much interest from the Wastewater Utility in using their sludge edge to make a compost which could be sold, adding that two large piece of equipment would be needed to complete the process. More discussion followed regarding other cities and tub-grinder use; Fort Lauderdale Florida in particular which uses the grinder and the sludge to make compost. He said that the city developed a market for their product. Alderman Keaton said that the overall scope of the matter needs to be studied before a purchase is made noting that it might be worthwhile to send someone to cities who dispose of their own yard wastes and get information needed by the City Council. Mayor Swaim said that in the early stages of a compost endeavor He favors that citizens be given the compost at no charge. He said that the city will not have any options after 1992 so moves must be made toward finding a solution soon. More discussion followed in which the Mayor commented that the material from the tub-grinder can be taken to the landfill and that it can be used for fill on low property adding that one property owner has consented for the city to use some of his property as a disposal site. He said that specifications should be prepared for the equipment needed relating that the cost of the type machine that the city needs will exceed $175,000.00 or more as he pointed out the payback in relation to yard waste dumping fees. Mayor Swaim related that he intends to drive to Nashville, Tennessee and that any member of the Council could go with him. Alderman Wilson voiced the desire that all information possible be compiled and that a special meeting be held before a purchase is made. It was suggested by Alderman Ray that the opportunity to serve other cities may be possible if Jacksonville is among the first to develop the yard waste disposal system under discussion. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1991 7:00 P.M. - 8:10 P.M. Mr. Gilmore related that probably twenty loads are picked up per week, averaged over a one year period,. Mayor Swaim pointed out that the citizens need to be aware that the Sanitation Department is not subsidized out of tax dollars and has not been since.1987; it is designed to be a break-even operation. He said that cost of operations has not gone up, but that landfill costs have made increases necessary. No action was taken on the item of business. GENERAL: a. Proposal by Zeg1er Personnel Consulting Agency/Study for Uniformed Employees Mayor Swaim related that as the study and modification of the non-uniformed employees was made, the uniformed employees voiced that they could benefit from a like study adding that a pay grade has got to be developed for the uniformed employees of the city. He said that the Fire Chief has requested that he be allowed to have his employees participate in the study and that the proposal for the same materialized after several requests were made and is before the Council for action. He said that his recommendation is to accept the recommendation. Alderman Keaton moved, seconded by Alderman Williamson to accept the proposal of Zegler Personnel Consulting Agency to do a study for the uniformed personnel of the City of Jacksonville with payment of the initial fee, which is $3,800.00, to be taken from the Contingency Fund. MOTION CARRIED. b. Appropriation of Funds/Removal of Additional Underground Storage Tank Mayor Swaim related past action regarding removal of underground gas tanks in efforts to meet EPA regulations. He said that $4,000.00 was appropriated to take care of the matter adding that a tank, not anticipated, was found in the removal efforts. He noted that the Street Department of the city was used in the removal of the tanks, which helped to keep the costs minimal. He related that he approved the expenditure of $900.00 for removal of the "extra tank" upon approval by the council. Alderman Keaton moved, seconded by Alderman Wilson that the expenditure of $900.00 be approved for removal of an underground gas tank. MOTION CARRIED. NON AGENDA ITEM: RESOLUTION 4 3 5 (#3-91) A RESOLUTION AMENDING RESOLUTION NOS. 328, 335, and 404, OF THE CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1991 7:00 P.M. - 8:10 P.M. CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, REGARDING CERTIFICATION OF LOCAL GOVERNMENT ENDORSEMENT FOR PARTICIPATION IN THE ARKANSAS ENTERPRISE ZONE PROGRAM; AND, FOR OTHER PUR- POSES Alderman Knight moved, seconded by Alderman Smith that Resolution 435 be read. MOTION CARRIED. Whereupon, City Attorney Robert Bamburg read the Resolution. Alderman Wilson moved, seconded by Alderman Smith that Resolution 435 (#3-91) be APPROVED. MOTION CARRIED. APPOINTMENTS: ANNOUNCEMENTS Mayor Swaim requested that the committee formed to recommend the use of the "old city hall" choose a chairman and have a meeting in the near future. Alderman Marshall Smith was chosen as Chair-man by the other two members of the committee, Aldermen Fletcher and Keaton. April 11, 1991 6:30 p.m., at City Hall was chosen as the date, time and place for the meeting. There was discussion regarding an alternate to Metroplan, an organization formed in the fifties whose function was to be a clearing house for the LRAFB and federal grants. Mayor Swaim said that the federal grants are not available to the extent that they have been in years past, that the County Judge has notified cities of the need for an alternate to the organization. He said that in the study of the street plan for the City of Jacksonville, Metro Plan was very beneficial. He noted that City Engineer Reel has served on a PATS Policy Committee for the distribution of State Highway Department funds passed down from the Federal Government and that considerations have been given for private funding to keep Metro Plan in operation. VERTAC LAWSUIT: Mayor Swaim voiced that he has been in contact with EPA and DPC&E and that neither department has wavered from their belief that incineration is the only method approved at this time for the disposal of dioxin. Mayor Swaim said that the suit was filed against the Federal Government and the City of Jacksonville could file to be an intervener in it, but that it would not carry any authority in this situation. DUMPING ON LOOP RD. Alderman Ray pointed out that dumping at Loop Rd. and the rail- road track is still being done and questioned who owns the land. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1991 7:00 P.M. - 8:10 P.M. Mayor Swaim said that dirt is being hauled from a dirt pit behind the property where people are dumping refuse and that a local contractor/developer is the owner. He said that the Police Department has been asked to police the area much stronger for the past few months. A discussion on how to solve the problem ensued in which Mayor Swaim voiced that he did not feel it is the responsibility of the city to build a gate or fence for a private individual. POLICE CHIEF: Mayor Swaim said that the Civil Service has informed him that the five finalists for the position of Chief of Police will be inter-viewed by April 15, 1991 and that the name would then be submit-ted to the Council. DENNIS LANE/FINES/CONDEMNATION OF HOUSE: Mayor Swaim pointed out that a resident has been fined for conditions which required condemnation of a house on her property and that she has been in court, receiving fines at least three times with regard to the meeting city codes. It was noted by City Attorney Bamburg that there is a deadline of April 23, 1991 to remove the remaining portions which will bring the situation into compliance with city codes. He said that if she does not comply, the city will do what needs to be done to bring the residence in compliance and then place a lien against the property for the costs incurred by the city. Mayor Swaim voiced that one house was condemned and has been torn down, and that the remaining residence is not in compliance with city codes at this time. TRICKEY LANE: City Engineer Reel voiced that Rex Spurlock, who is the resident engineer for this part of the country, with the Highway Department, related to him that the contractor has guaranteed that the job on Trickey Lane will be finished. When, was not determined. He noted that there will be a bid letting in June for the lights at Martin Street and Hwy. 161 east at Stonewall Subdivision. Mayor Swaim said that plans, including turn lanes were approved and have been sent back to the Highway Department with easements for the turns being acquired. City Engineer Reel said that the contract for the West Main Project has been awarded. ADJOURNMENT: Alderman Smith moved, seconded by Alderman Ray that the meeting adjourns at approximately 8:10 p.m. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1991 7:00 P.M. - 8:10 P.M. Respectfully, ________________________ _________________________ Lula M. Leonard MAYOR City Clerk-Treasurer