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91 JAN 3.docCITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 3, 1991 7:30 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 January 3, 1991 at the regular meeting place of the Council. Alderman Robert Lewis 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, Fletcher, Williamson, Keaton and Twitty were present. PRESENT, ten (10), ABSENT, (0). Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting: City Attorney Robert E. Bamburg, City Fire Chief Rick Ezell, City Engineer Duane Reel, Finance Director Gene Kelley, Deputy City Clerk Teresa Parker, Sanitation Department Superintendent Billy Gilmore, Park & Recreation Director Annabelle Davis, 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 December 20, 1990 for study and action at the next regular meeting of the council. APPROVAL AND/OR CORRECTION OF MINUTES: Mayor Swaim pointed out that a decision of the Council under Street Department, item b., recorded on page three (3) of the minutes of the December 20, 1990 meeting, with regard to an expenditure for improvements at the railroad crossing in the general location of Lomanco, needs to be approved along with the December 6, 1990 minutes of the Regular City Council Meeting. Alderman Smith moved, seconded by Alderman Wilson that the minutes of the Regular City Council Meeting of December 6, 1990 minutes and page three (3) of the minutes of the Regular City Council Meeting of December 20, 1990 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: SEWER DEPARTMENT: FIRE DEPARTMENT: Mayor Swaim introduced Fire Chief Ezell who presented data requested by the Council at the last regular meeting regarding physical fitness programs used in both the Fire and Police Departments. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 3, 1991 7:30 P.M. - 8:10 P.M. Chief Ezell pointed out that Dr. Nolen helped with medical screening which was completed in October of 1990. He said that things were found out in the screening process that personnel were not aware of and persons with the problems have gone to their medical doctors and are receiving treatment. He said that the screening was a plus in that some of the problems could have become major in time forcing medical retirement etc. He explained some of the tests used in the fitness program. He said that charts are logged and reviewed on a weekly basis and filed monthly. He added that twice a year agility tests will be done with progress monotoring at that time. He added that there has been no disciplinary action in the Fire Department due to an employee not being physically fit at this time adding that there are incintives for meeting the standards. POLICE DEPARTMENT STREET DEPARTMENT: PARKS AND RECREATION DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL a. RESOLUTION 4 3 3 (#1-91) A RESOLUTION REGARDING LEGISLATION AS PROPOSED BY THE ARKANSAS MUNICIPAL LEAGUE FOR 1991 SESSION OF THE ARKANSAS GENERAL ASSEMBLY; AND FOR OTHER PURPOSES. Mayor Swaim pointed out that lobbying by the Municipal League is not limited to just those items listed in Resolution 433, but that those things listed are of concern to the cities of Arkansas. Alderman Wilson moved, seconded by Alderman William on that Resolution 433 be read. MOTION CARRIED by a ROLL CALL VOTE, all Aldermen voting AYE. Whereupon, City Attorney Robert E. Bamburg read the resolution. Alderman Fletcher moved, seconded by Alderman Wilson that Resolution 4 3 3 (#1-91) be APPROVED. MOTION CARRIED. b. ORDINANCE 939 (#2-91) Re: Garbage and Rubbish Collection Increase CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 3, 1991 7:30 P.M. - 8:10 P.M. AN ORDINANCE AUTHORIZING AN INCREASE IN THE FEES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; AMENDING ORDINANCE NOS. 636 AND 842; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim noted that the garbage fees would increase from $6.50 per monthly charge to $8.00 so that the sanitation department can operate without being subsidized from any other source. Alderman Smith moved, seconded by Alderman Lewis ,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 E. Bamburg. Alderman Ray moved, seconded by Alderman Williamson, that Ordinance be accepted on FIRST READING. Alderman Sansing noted that the fee is one dollar lower than fees in Little Rock which fee does not provied for trash pick-up. Mayor Swaim pointed out that part of the increase, mandated on all municipalities by the state, is an additional thirty cents per cubic yard of compacted material and fifteen cents per loose yard deposited in the landfill. He said that last year, when the fee was invoked, the Council absorbed the cost but that this year that cannot be done. He said that the major problem with landfills still remains and that information will be available at the next City Council Meeting regarding the study which was done regarding the regional landfill and recycling center. 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. ACCEPTED ON FIRST READING. Alderman Fletcher moved, seconded by Alderman Lewis , 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 ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the SECOND TIME. Alderman Fletcher moved, seconded by Alderman Williamson , 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, CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 3, 1991 7:30 P.M. - 8:10 P.M. (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Fletcher moved, seconded by Alderman Lewis 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 Lewis, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen: Knight, Lewis, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY, (0). MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 939 (#2-91) THIS THIRD (3rd) DAY OF JANUARY 1992. c. APPROVAL OF 1991 BUDGET / ORDINANCE 938 (#1-91) AN ORDINANCE ADOPTING A BUDGET FOR THE YEAR 1991 MAKING AN APPROPRIATION AND AUTHORIZING FOR EXPENDITURES FOR THE OPERATION OF THE VARIOUS DEPARTMENTS OF THE CITY GOVERNMENT, FOR THE OPERATION OF THE PURCHASES OF MATERIALS, SUPPLIES, EQUIPMENT AND SERVICES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. (COVERS: GENERAL FUND; STREET DEPARTMENT; SANITATION FUND AND PARKS). Alderman Wilson moved, seconded by Alderman Williamson ,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 E. Bamburg. Alderman Smith moved, seconded by Alderman Ray that the rules be suspended and that reading Budget Ordinance 9 3 8 in its entirety be dispensed with. MOTION CARRIED. Alderman Knight moved, seconded by Alderman Williamson, 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. ACCEPTED ON FIRST READING. Alderman Ray moved, seconded by Alderman Wilson , to suspend the rules and place the Ordinance on SECOND READING. Alderman Lewis posed a question regarding the reason for the increase of four percent in the salary of Probation Officer Mike Mahone. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 3, 1991 7:30 P.M. - 8:10 P.M. Mayor Swaim pointed out that the job was first that of a juvenile officer and that state legislation prohibits the working of many juvenile cases originally assigned to the position. He said that only traffic violations by juveniles remain to be handled by the person in Mr. Mahone's position. ROLL CALL. Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Lewis voted NAY. MOTION received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the SECOND TIME. Alderman Fletcher said that he felt the budget is the best the Council could come up with noting a revenue sharing loss of approximately $600,000.00 four or five years ago. Alderman Smith moved, seconded by Alderman Twitty , to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. Alderman Lewis said that he did not vote for the budget because he is not satisfied with the raise given Probation Officer Mahone. He said that he did not feel there is justification for the action of the Council, that he did not feel Mr. Mahone did not do anything that he should not have done and that he was not responsible for the change in state law. Alderman Joe Williamson voiced that considerations were given to the position being only part-time. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Lewis voted NAY. Motion received nine (9) affirmative votes, (1) negative vote. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME Alderman Fletcher moved, seconded by Alderman Ray that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Lewis voted NAY. Motion received nine (9) affirmative votes, (1) negative vote. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Wilson, that the EMERGENCY CLAUSE be APPROVED and ADOPTED. ROLL: 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 APPROVED AND ADOPTED AND NUMBERED 938 THIS third (3rd) DAY OF January 1991. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 3, 1991 7:30 P.M. - 8:10 P.M. Mayor Swaim officially welcomed City Attorney Robert E. Bamburg as a newly elected official of the City of Jacksonville. DEVIATION IN AGENDA: Alderman Knight moved, seconded by Alderman Ray that the item of settling the Monaco case be placed on the agenda for action. MOTION CARRIED. City Attorney Bamburg said that the Council can approve the allocation of the judgment cost plus six (6) percent in interest and allow the Mayor to authorize the release of those funds once they have been calculated by the finance department. He said that it was not possible to get the final figures before the City Council Meeting. Mayor Swaim noted that the difficulty regarding the interest is complicating arriving at the correct figure for settlement of the case. He stated that the judgment cost is $31,770.09 plus accrued interest. Alderman Knight moved, seconded by Alderman Twitty that $31,770.09 be taken from the Contingency Fund of 1990 plus six (6) percent interest in payment of the Monaco lawsuit. MOTION CARRIED. APPOINTMENTS: JACKSONVILLE PLANNING COMMISSION a. Appoint Mr. Paul Payne for one three-year term to expire 1/1/1994 b. Re-appoint Mr. Bart Gray Jr. for one three-year term to expire 1/1/1994 c. Appoint Mr. Jim Dornblaser for one three-year term to expire 1/1/1994 Alderman Wilson moved, seconded by Alderman Smith that Mr. Paul Payne, Mr. Bart Gray Jr. and Mr. Jim Dornblaser be appointed to the Planning Commission for one three-year term to expire 1/1/1994. MOTION CARRIED. DEVIATION IN AGENDA: Alderman Lewis voiced that Mrs. Sharon Golgan desired to speak to the Council regarding the dioxin issue in the city and that she would also like to distribute some material. Alderman Lewis moved, seconded by Alderman Ray that Mrs. Golgan be permitted to address the Council. MOTION CARRIED. Mrs. Golgan distributed data regarding the dioxin issue to each alderman. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 3, 1991 7:30 P.M. - 8:10 P.M. She noted the hard work of her group. People United Against the Burn, pointing out conflicts between the Council and the group during the election and now a lawsuit filed by PC&E against the City of Jacksonville commenting that she feels that everyone seems to be on the same side in the lawsuit. She said that her group wants the best for the city and expressed fears that the incinerator might become a permanent part of the City of Jacksonville. She also urged the Council to work with the groups against the burn and asked that Attorney Bamburg work hard in defending the city in the suit. She said that information in the packet distributed to the Council has reference to long term effects which could be caused if the incinerator is set up for permanent operation in the city. She said her desire is for everybody who loves Jacksonville to work together and see that the citizens of Jacksonville are protected. ANNOUNCEMENTS ADJOURNMENT Alderman Smith moved, seconded by Alderman Lewis that the meeting adjourn at approximately 8:10 p.m. MOTION CARRIED. Respectfully, _____________________________ ______________________________ Lula M. Leonard MAYOR City Clerk-Treasurer