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91 APR 18.docCITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1991 7:00 P.M. - 8:15 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 18, 1991 at the regular meeting place of the Council. Alderman Gary Fletcher delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson and Fletcher were present. Alderman Williamson came in at approximately 8:00 P.M. PRESENT, EIGHT (8), ABSENT, (2). Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting: City Attorney Robert E. Bamburg, Fire Chief Rick Ezell, Personnel Director/Mayoral Assistant Michael Beeman, City Engineer Duane Reel, Assistant Finance Director Paul Mushrush, Deputy City Clerk Teresa Parker, acting Purchasing Agent Lisa Bamburg, Wastewater Utility Manager Dick Morris, Captains Larry Hibbs, Bennie Tolbert and Frank Sturdivant of the Police Department, Physical Fitness Training Coordinator Joe Bratton and Physical Fitness Coordinator Kyle Rhone, other city employees, interested citizens, members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of April 4, 1991 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 Regular City Council Meeting of March 21, 1991 be APPROVED. MOTION CARRIED. NON-AGENDA ITEM: At this time, Mayor Swaim introduced a letter dated April 17, 1991, addressed to him advising him of a claim for compensation for overtime worked but not paid as follows: (1) 1988 – 684 hours (2) 1989 - 716 hours and (3) 1990 - 701 hours. The letter also requested a response within five (5) days of receipt of the same. Mayor Swaim said that he felt the citizens deserve to have the press print the letter adding that it shows that every man, woman and child is asked to give up $2,000.00 of their tax dollars to pay for overtime which Mr. Neely claims to have worked over the past three years; 262 days. He said that it was preposterous to claim that he worked an extra year in that three year period and CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1991 7:00 P.M. - 8:15 P.M. that the City Council has no alternative but to fight the request adding that department heads are exempt from overtime. NON-AGENDA ITEM: At this time, Mayor Swaim introduced Mr. Dub Myers, Civil Service Commission Chairman, who in turn introduced Mr. Donald Tate who was selected by the Commission and recommended to the City Council as Jacksonville Police Chief. Mayor Swaim commended the hard work of the Civil Service Commission in making the selection voicing that he was confident that they would make the proper choice of those who applied for the position. He said that Mr. Tate's resume is available to the public. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place the item of selection of a Police Chief for the City of Jacksonville on the agenda. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Knight to confirm the recommendation of the Civil Service to appoint Donald Tate as The Chief of Police for the City of Jacksonville with a beginning salary of $37,500.00. MOTION CARRIED. Mayor Swaim voiced that Mr. Tate has the authority to run the Police Department, as long as he follows rules and regulations, the way he sees fit noting that he is confident of the Civil Service Commission’s selection and expressed appreciation to Commissioners Bob Smith and James Durham who were also present. Alderman Wilson recommended that a letter of commendation be sent to the Civil Service Commission for their efforts. CONSENT AGENDA: FIRE DEPARTMENT Alderman Knight moved, seconded by Alderman Smith that the Regular Monthly Report of the Jacksonville Fire Department for March which reflects an estimated fire loss of $6,330.00, be APPROVED. ROLL CALL: Aldermen Knight, Smith, Lewis, Sansing, Ray, Wilson and Fletcher voted AYE. NAY 0. MOTION CARRIED. Alderman Knight moved, seconded by Alderman Ray that the Regular Monthly Report of the Jacksonville Police Department for March which reflects COMPUTER COLLECTION, $33,189.08, MISCELLANEOUS PAYMENTS $17,508.79 AND REPORT COPIES $291.00 for a TOTAL of $50,998.89. Aldermen Knight, Smith, Lewis, Sansing, Ray, Wilson and Fletcher voted AYE. NAY 0. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1991 7:00 P.M. - 8:15 P.M. Alderman Knight moved, seconded by Alderman Ray that the Quarterly Report of the City Attorney Robert E. Bamburg for the months of January. February and March, 1991 which contained confidential, privileged information as well as a record regarding hours worked during the first quarter of 1991 per week; over 30 hours (includes meetings, court, etc.)and Traffic Court Information; Charges Issued 298 and Defendants 173. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson and Fletcher voted AYE. NAY 0. MOTION CARRIED. Alderman Ray requested that in the future, the report be included in the packet. WATER DEPARTMENT: SEWER DEPARTMENT: FIRE DEPARTMENT: PHYSICAL FITNESS REPORT by Chief Ezell Mayor Swaim introduced Fire Chief Ezell who in turn recognized Mr. Joe Bratton, Physical Fitness Training Coordinator for the Jacksonville Fire Department who gave a video presentation, and Mr. Kyle Rhone, Paramedic/Fireman and Coordinator of the program. Mr. Bratton, winner of the National Paramedic of the Year Award, explained that a fire fighter has twelve minutes to complete the eight tasks. A written report disclosed that the average age of those performing the feats test was 37.63 with the average time to complete the test 7.08 minutes. Mr. Bratton pointed out that the average is well within NFPA standards and that the next testing is scheduled for the last of May or the first of June. Pride was expressed by members of the Council for the efficiency of the firemen and the work of the department in general. Mayor Swaim voiced that he is very grateful for the work of the Police and Fire Departments over the past weekend during three major incidents, a tornado, a situation at the Vertac Site and a fire at Rebsamen Memorial Hospital. Chief Ezell explained the order of events as they occurred and expressed appreciation to his department, the Police Department, the Street Department and the citizens of Jacksonville for their concern and efforts to help. He pointed out that the Vertac incident was not a critical one, that regulations were followed in the approach and that a problem with an indicator light in the French drain system has been corrected. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1991 7:00 P.M. - 8:15 P.M. Mayor Swaim explained that the light is located about three fourths of a mile from the incinerator and a quarter of a mile from the plant and within twenty or thirty yards of a residence; totally on the south end of the plant. Chief Ezell noted that there are no chemicals stored in the location where the problem was cited. He voiced that the Little Rock Air Force Base and the Red Cross were very helpful in caring for the tornado victims. An estimate of the storm damage was placed at approximately three hundred to four hundred thousand dollars. Mayor Swaim expressed genuine appreciation to all departments and the citizens for joining together in response to the needs of the community. He explained that efforts were made to set up a command post expressing the great need for the city to provide a command post/communication system suitable for emergencies. Chief Ezell voiced that the command post which was loaned to the city might not have been available if similar emergencies had arisen in other parts of the county. He pointed out that a proper command post, which would be able to accommodate the police and fire and other agencies that come to the post, coordinating all activity, could be operational in three to four minutes. He said that the computerized operation would eliminate duplication of services and would not miss things noting that a command post vehicle is desperately needed by the City. He expressed that efforts by the citizens of Jacksonville to relieve the distress and loss of those persons affected in both instances were outstanding. Another instance of the good work of the paramedics in his neighborhood was pointed out by Alderman Ray. The general consensus of the Council, as expressed by Aldermen Knight and Wilson, was for Mayor Swaim to write a letter conveying their pride in the Fire and Police Departments. Sincere appreciation was expressed by Mayor Swaim for the efforts of the departments. Alderman Knight voiced that the emergency situations showed the quality of the departments and is a picture of why many persons have chosen Jacksonville as their "home town". CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1991 7:00 P.M. - 8:15 P.M. POLICE DEPARTMENT: STREET DEPARTMENT: REQUEST TO ACCEPT BIDS: a. STREET STRIPING b. ASPHALT c. SMITHWICK ADDN. DRNJ. IMPROVEMENTS City Engineer Reel voiced that two bids were received with regard to street striping. (Said information shown on the next page of these minutes. He said that his recommendation is to accept the bid of Caratada Farms, Inc. for $.065 per LF for an estimated fifty thousand lineal feet of striping. He noted that the con-tractor has done work recently for the Ben M. Hogan Company who gave them a good recommendation. Alderman Wilson moved, seconded by Alderman Smith that the low bid of $.065 per LF from Caratada Farms, Inc. be accepted. MOTION CARRIED. b. ASPHALT City Engineer Reel voiced that two bids were received, one from Cranford Construction and the other from Freshour Construction who has done the overlay work for the city for the last several years. He said that their quality of work merits that Freshour's bid of $23.96 per ton for over 500 tons be accepted. (Bid sheet information included in the following pages of these minutes.) Alderman Smith moved, seconded by Alderman Knight that the low bid of $23.96 per ton by Freshour be accepted. MOTION CARRIED. City Engineer Reel said that approximately ten thousand tons will be used in this years projections. Mayor Swaim said that the asphalt program far exceeds all efforts in years past. City Engineer Reel related that a list of streets to be improved is forthcoming. c. SMITHWICK ADDN. DRNJ. IMPROVEMENTS City Engineer Reel pointed out that the project is south of Smithwick Drive and will take care of drainage from the Credit Union properties and a major ditch that comes down across Oakwood Apartments. (Bid sheet information following in these minutes.) Alderman Knight moved, seconded by Alderman Wilson that the bid from Bond Kinman Ltd. Inc. for the Smithwick Addition Drainage Improvements be accepted. MOTION CARRIED. CITY Off' JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1991 7:00 P.M. - 8:15 P.M. City Engineer Reel related that findings during recent heavy rains has revealed areas with immediate needs and that he is preparing a list which will be brought back to the City Council with several projects put in one job and listed in one schedule for the bid process. PARKS AND RECREATION DEPARTMENT: SANITATION DEPARTMENT: GENERAL: a. State v/s City of Jacksonville Law Suit City Attorney Bamburg said that the ruling was against the City of Jacksonville. He said that there is a period of thirty days after the actual order is entered in which to appeal the decision and added that the actual order will probably not be entered for another ten to fifteen days. He said that he thinks the Judge ruled against the city because he believes that state law expressly prohibits the city from acting in the hazardous waste action that was passed a couple of years ago in the state legislature. He said that Ordinance 933 prohibits any other hazardous waste from being brought on the site at the Vertac plant for incineration and that the court through its opinion states that the city does not have the right to make such a limitation; that state and federal agencies have preemptive powers in this situation. Mayor Swaim stated that Mr. Bamburg did a good job pleading the case. Alderman Wilson asked that the City Attorney advise the Council with a written opinion on the item of business when an order is received. Alderman Sansing questioned the rights of the city with regard to streets and material transported thereon. Attorney Bamburg said that the Judge stated that the regulatory power of the city is very limited and that to some extent, the traffic control patters of hazardous wastes could not be regulated if it was brought through the city limits; that such a decision would be in the hands of a state or federal agency. He said that he had concern in this area and that admission by ADPC&E during the hearing that if they so choose, with a ruling of this nature, they could bring additional waste, other than that at the Rogers Rd. and Graham Rd. Landfills into the city and have it incinerated on site. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1991 7:00 P.M. - 8:15 P.M. He said that a whole new series of study, environmental impact determinations and public hearings would have to be held giving the public the opportunity to address the issue at that time. Alderman Fletcher voiced concern that the rights of the city are being violated and that the city needs to be united on the issue; that the city should fight for its best interests. Mayor Swaim said that a permit must be obtained in a burn process with City Attorney Bamburg adding that the public hearings and new regulatory studies come into play before permit approval. He added that there are some interveners in the case and that they are very interested in appealing the matter. b. Committee Report/"OLD CITY HALL" use Alderman Smith voiced that the committee has met twice with some residents of the city in attendance. He said that a representative of the Pulaski County Community Service Agency requested approximately one-third to one-half of the floor space of the building and that the Fire Department has voiced a temporary need for approximately two rooms at the front of the building and the larger bathroom for a darkroom in which to develop film. He said that additional space is being added at fire station number one to house equipment which would be temporarily placed in the old city hall building. He said that the next meeting is for April 25, at 6:30 p.m. at City Hall, #1 Industrial Drive and that an invitation has been extended to Joan Zumwalt of the Historical Society, Annabelle Davis of the Parks & Recreation Department and the Police Chief. He added that consideration would be given to the cost of maintaining the building at said meeting. c. ORDINANCE 946 (#9-91) Waiving of Competitive Bidding/Box Culvert (to be placed sixty feet west of the railroad on Loop Rd.) Alderman Knight moved, seconded by Alderman Lewis, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, and Fletcher voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert E. Bamburg. Alderman Ray moved, seconded by Alderman Smith that the rules be suspended and the reading of the ordinance in full be dispensed with. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1991 7:00 P.M. - 8:15 P.M. Alderman Wilson moved, seconded by Alderman Ray, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson and Fletcher voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. ACCEPTED ON FIRST READING. Alderman Ray moved, seconded by Alderman Wilson, to suspend the rules and place the Ordinance on SECOND READING as amended (actual cost of the culvert per foot, $139.00) ROLL CALL. Alder-men: Knight, Smith, Lewis, Sansing, Ray, Wilson and Fletcher, voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the SECOND TIME. Alderman Smith moved, seconded by Alderman Sansing, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson and Fletcher voted AYE. NAY 0. Motion received Seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Smith moved, seconded by Alderman Lewis, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson and Fletcher voted AYE. NAY 0. Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 946 THIS 18th DAY OF APRIL 1991. APPOINTMENTS: Reappointment of Dr. Albert Johnson to the Wastewater Utility for a five year term to expire 4/20/1996 and the appointment of Mr. Steve Coop to serve the unexpired term of Mr. B. J. Borroughs Alderman Knight moved seconded by Alderman Wilson that Dr. Albert Johnson be reappointed to the Jacksonville Sewer Commission for a five year term to expire 4/20/1996 and that Mr. Steve Coop be appointed to fill the unexpired term, ending 4/20/1992, of Mr. B. J. Borroughs. MOTION CARRIED. ANNOUNCEMENTS Mayor Swaim announced the opening of City Fest beginning the evening of April 26th with "Fat Cats and Fish Tales". CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1991 7:00 P.M. - 8:15 P.M. He said that Foxwood Country Club is the site for the first event and that the events scheduled for Saturday and Sunday will mainly be held at Jacksonville Jr. High North. Mayor Swaim pointed out that in efforts to purchase a tub grinder he has seen the need to have a person who could aid in the area of grant applications to help with the solid waste management. He said that negotiations are now in process, $3,000.00 above what was presently being paid the purchasing agent, with a lot more duties being suggested for the person filling the position. He added that a staff person, which will be needed in the near future, will be saved if the applicant is hired. He pointed out that he will observe more operations of tub grinders before a recommendation for the purchase of one is brought to the council. Alderman Larry Wilson asked that Mayor Swaim contact the Corp of Engineers and the State Soil and Water Conservation Service to see if there are any options to the flooding at Dupree Park noting the investment by the City in the park. He suggested that Mayor Swaim the City Engineer and the persons involved with the Park & Recreation Department meet with the professionals also in an effort to upgrade the area. ADJOURNMENT Alderman Ray moved, seconded by Alderman Smith, that the meeting adjourn at approximately 8:10 p.m. MOTION CARRIED. Respectfully, _________________________ ________________________ Lula M. Leonard MAYOR City Clerk-Treasurer