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91 MAY 16.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 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 May 16, 1991 at the regular meeting place of the Council. Alderman Reedie Ray delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. RQLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Wil- liamson, Keaton and Twitty were present. Alderman Lewis came in at approximately 7:05 p.m. PRESENT, EIGHT (10), ABSENT, (0). Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting: City Attorney Robert E. Bamburg, Police Chief Don Tate, Personnel Director/Mayoral Assistant Michael Beeman, City Engineer Duane Reel, Assistant Finance Director Paul Mushrush, Deputy City Clerk Teresa Parker, Park & Recreation Director Annabelle Davis, other city employees, interested citizens, members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of May 6, 1991 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of April 18, 1991 be AP- PROVED. MOTION CARRIED. CONSENT AGENDA: POLICE DEPARTMENT Alderman Smith moved, seconded by Alderman Ray that the Regular Monthly Report of the Jacksonville Police Department for April which reflects COMPUTER COLLECTIONS, OF $21,443.03, MISCELLANEOUS PAYMENTS OF $16,803.38 and REPORT COPIES OF $250.00, TOTALING $34,222.75 be APPROVED. ROLL CALL: Aldermen Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. FIRE DEPARTMENT Aldermam Knight moved, seconded by Alderman Ray that the Regular Monthly Report of the Jacksonville Fire Department for April, 1991 BE APPROVED which reflects an ESTIMATED FIRE LOSS FOR THE MONTH OF $7,250.00. Aldermen Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1991 7:00 P.M. - 8:10 P.M. Alderman Knight moved, seconded by Alderman Ray that the Regular Monthly Report of the Jacksonville Animal Control Department for April, 1991 BE APPROVED which reflects Receipts as follows; ADOPTIONS/FINES, $999.00 AND SECURITY DEPOSITS $575.00 for a total of $1,574.00. Alderman Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. WATER DEPARTMENT: SEWER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT PARKS AND RECREATION DEPARTMENT: SANITATION DEPARTMENT: GENERAL: a. RESOLUTION N0. 437 (#5-91) Ref: Signature Authori- zation/Mayor and City Clerk A RESOLUTION AUTHORIZING DESIGNATED OFFICIALS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, BY FACSIMILE SIGNATURE, TO SIGN CHECKS, DRAFTS, OR AUTHORIZE OTHER BANK TRANSACTIONS FOR THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Alderman Knight moved, seconded by Alderman Williamson that Resolution 437 (#5-91) be read. MOTION CARRIED. Whereupon, Attorney Robert Bamburg read the Resolution. After the heading was read, Alderman Ray moved, seconded by Alderman Knight to suspend the rules and dispense with the read- ing of the entire Resolution. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing that Resolu- tion 437 be APPROVED. MOTION CARRIED. b. RESOLUTION 438 (#6-91) Ref: ENTERPRISE ZONE A RESOLUTION BY THE 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 PURPOSES. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1991 7:00 P.M. - 8:10 P.M. Alderman Lewis moved, seconded by Alderman Knight that Resolution 438 (#6-91) be read. MOTION CARRIED. Whereupon Attorney Robert Bamburg read the Resolution. After the reading of the heading, Alderman Ray moved, seconded by Alderman Wilson that the rules be suspended and that the reading of the Resolution as a whole be dispensed with. MOTION CARRIED. Mayor Swaim pointed out that the two manufacturers named in the Resolution are Hiwassee Mfg. Co., Inc., and Cold Extrusion Co. of America. Alderman Knight moved, seconded by Alderman Wilson that Resolu- tion 438 be APPROVED. MOTION CARRIED. c. DISCUSSION: HIRING POLICIES Mayor Swaim introduced Alderman Lewis who sponsored the item. Mr. Lewis voiced that he placed the item on the agenda at the request of NAACP president, Mike Mahone. He yielded to Valerie Turner, chairman of the Redress Committee of the NAACP. She noted that an investigation has been started through her commit- tee of the City of Jacksonville with regard to hiring practices. She pointed out that Attorney Robert Newcomb has been retained by the group as their representative. Mayor Swaim recognized Mr. Newcomb to address the item of busi- ness. He pointed out that some of the issues which had been brought to his attention needs to be addressed by the Civil Service Commis- sion or the City Council. He said that a pattern has occurred through inaction or deliberately with regard to employment in the City of Jacksonville. He made the following statements; (1) that the Fire Department has never had a successful candidate that is black employed with them and that at the present time, there are no blacks employed, (2) that at this time there are no blacks in a uniformed capaci- ty employed at the Police Department, (3) that there are no blacks who work in the City Hall building and (4) that at the Sanitation Department, 90% of the employees are black and that very few, if any, are drivers. Mayor Swaim pointed out that (1) the Fire Department has had one black employee, (2) that there are no black uniformed police CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1991 7:00 P.M. - 8:10 P.M. officers at this time, (3) that there is not a black employee working in the City Hall Building and (4) that in the Sanitation Department there are seven drivers, five black and two white. Mr. Newcomb encouraged that recruitment should be viewed serious-ly as endeavors are made to employ people in the minority area as he made statements concerning a charge filed by a black woman who has a college degree who applied recently for a position with the City of Jacksonville. He pointed out that she did not get a job interview. He related that costs for litigation expenses will be undesirable and stressed that his clients are requesting that the Council address ways to improve the hiring practices by looking at whether or not the tests screen out minorities and whether or not they are valid. He noted that the tests should be validated through EEOC Guidelines as published in the Federal Register. He asked if an Industrial Psychologist had validated the Civil Serv-ice Tests given job applicants for the City of Jacksonville. He pointed out that it will be lawsuit time if some changes are not made within the community and that he hopes class action suits will not have to be filed noting the course of events if suits are filed. He pointed out that the census data shows that the city is ap- proximately seventeen percent black and that the job area is probably that much and that there is a great disparity between what the Jacksonville work force is, at this time, minority wise. He said that the city does not need to be passive when seeking minorities for employment, that they should go into the black community and affirmatively bring them in. He said that if complaints have to come to litigation, it will be class action suits which will be for all minority applicants for the last five years. He said that his clients hope that steps can be taken to improve job opportunities and the actual job hirings both in the civil service and non-civil service areas. Mayor Swaim recognized Reverend Gaylord, a member of the State Coordinating Council, adding that he respects his opinions very much. He voiced that tremendous changes are being made in per- sonnel matters, recognizing Mr. Michael Beeman as Personnel Director for the City of Jacksonville. He stated that Mr. Beeman is willing to help in any way possible to make any corrections necessary and to answer any questions regarding any case and to provide any information desired. He noted that he had related to Mr. Mike Mahone, NAACP President of the local chapter, that freedom of information letters are not necessary, that any infor-mation at City Hall is readily available upon request. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1991 7:00 P.M. - 8:10 P.M. He suggested that all parties, Mr. Newcomb, Attorney Robert Bamburg, Personnel Director Beeman and Reverend Gaylord, meet and discuss all cases, EEOC complaints, etc., and work together in the matter of exchanging information and improving relations. He made explanation regarding state law authorization of the civil service commission. He pointed out that job applicants with the top three test scores are used by the Police and Fire Departments in hiring practices. He said that the Personnel Consultant and Mr. Beeman sat down and tried to work an affirma- tive action plan for hiring blacks in the two departments. He noted that the city was unable to meet the legal guidelines for doing that without violating the state law under freedom of information. He said that there is a law which says that if you have a person that has specific skills that none of the other people have, you can suspend the rules and hire that person if there is an immediate need; that you may not mass hire. He said that at the last Civil Service Commission Meeting, he pointed out to Police Chief Tate that black officers should be hired if they had to be stolen from another city. He said that the minutes of the meeting will verify his statements. He pointed out that there has been one black fireman in the Fire Department and that one reached the top three bracket and was not hired. He agreed that the city does not have enough blacks or females in the Fire and Police Departments. He noted that in 1987 when he became Mayor, he was very much in need of a personnel manager adding that funding was not available to create the position. He said that in 1990 the City Council agreed to fund the position and at the same time allowed him to hire a professional personnel consultant to help with revamping hiring practices, to go through personnel job descriptions and to re-write those job descriptions. He said that Mr. Beeman has put together a package of recruiting including the ESD with a specif-ic request for minority applicants. He recognized Mr. Beeman to address the issue under discussion. He added that his record for hiring minorities has been tremen- dous during his time of employment. Mr. Beeman said that he has endeavored to get an affirmative action program in place since his employment and that he has identified twenty-two organizations within this area, Little Rock, Jacksonville, North Little Rock. He said pointed out that each time there is a job opening, it is posted in the city and a CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1991 7:00 P.M. - 8:10 P.M. job description, the salary and how long the applications will be taken, are mailed to those organizations which include the Jack-sonville, North Little Rock and Little Rock NAACP. He added that it includes technical schools, colleges and any type of organiza-tion such as battered women and minority betterment organiza-tions. He pointed out that the most recent job opportunity, two positions in the Street Department, have been made available to the public. He said that everything is in the changing stage at this point, that it is slow, that the city desires to have black uniformed employees, but with rigid rules, which the city cannot change, governing the Civil Service, it is difficult. He related that since February thirty percent of the people hired by the city are black and that the percentage will go up within the next month or so. He pointed out that the number of job openings are not comparable to those in Little Rock and North Little Rock and voiced that he took exception with the statement regarding some-one coming to the city and making application and not getting an interview. Mayor Swaim pointed out that the reference probably has to do with the position which Mr. Beeman fills and the nearly two hundred applicants for the position, many of those being received by mail. He noted that Personnel Consultant Joe Zegler screened the applications and that twenty-one of those applicants were chosen for interviews. Mr. Beeman said that not everyone applying for an upper echelon position, who sends in a resume, will get interviewed adding that one hundred forty resumes were received for the Purchasing Agent's position and that eighteen people were selected for interviews. He said that it would be impossible to interview one hundred forty people adding that the hiring process would drag out for months. Alderman Reedie Ray pointed out that there may be changes forth- coming with regard to state legislation and civil service tests. Mr. Beeman said that if there were legal and proper options with regard to a change in civil service rules and guidelines, the city would follow them. Alderman Lewis stated that it is hard to understand why cities like Hot Springs, Little Rock and North Little Rock seem to have no problem hiring black uniformed personnel. Mr. Beeman said that some cities do not have a Civil Service Commission adding that Jacksonville could do away with its Civil CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1991 7:00 P.M. - 8:10 P.M. Service Commission but that the perfect situation might not be attained in doing so and that other things could go wrong. Mayor Swaim said that he feels that if all parties, as suggested earlier, would meet together, many things can be clarified adding that Mr. Billy Bowles, a black member of the Civil Service Com-mission of the City of Jacksonville and a Superintendent of Schools in the Pulaski County School District, wrote the Civil Service Entrance Exam. He said that Mr. Bowles assured the city that the test was not discriminatory. He said that the promotion test was prepared by Mr. Zook adding that there are no plans to dodge the issue under discussion and that the city is willing to meet with interested parties in a form that will be positive and will work toward solving any problem in the hiring practices within the city. He said that he feels there is proof within the last few months that the city is making strides, very strong strides, toward improving hiring practices. He urged the assist-ance of Mr. Newcomb and Mr. Gaylord in helping the city do what needs to be done in an orderly fashion so that litigation can be eliminated and that the community will not be disrupted by divid-ing one faction against the other. He requested that a meeting be set by those interested in resolving said issues and pointed out that all questions and requests for information will be dealt with. He encouraged that recommendations for what can be done by the city be written down and presented at the meeting. Mr. Newcomb pointed out in relation to Mr. Lewis's statement that Little Rock, North Little Rock and Hot Springs has civil service. He said that he feels recruiting candidates to take the test is the greatest factor noting that the Justice Department suspended state law in the North Little Rock situation. Mayor Swaim related that consideration had been given to going to a judge and asking that he suspend the rule of the "top three" used by the Civil Service Commission and that the conclusion was reached that it could not be done without a lawsuit being brought against the city. Mr. Newcomb eluded to a consent decree, a "friendly lawsuit", which could take place and pointed out that Little Rock and North Little Rock are back to the rule of three and are being success-ful in the endeavor adding that changing the rule cannot be an arbitrarial one. He pointed out that state law, in 1987, broad-ened the base regarding criteria which can be used in the testing procedures which gives more flexibility where limitations are not invoked with regard to the civil service test being the sole criteria in judging candidates. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1991 7:00 P.M. - 8:10 P.M. Atty. Bamburg voiced that guidelines have been changed somewhat but that guidelines are still stringent. He suggested that data be obtained from Little Rock, North Little Rock and Hot Springs and that a meeting as suggested by Mayor Swaim be set to work out the issue with regard to the hiring practices of the city. Mayor Swaim said that the Civil Service should be included in the meetings of the committee. d. DISCUSSION: KING STREET IMPROVEMENTS Mayor Swaim introduced the item recognizing Alderman Lewis as the sponsor. Mr. Lewis voiced that Mr. Mike Mahone had requested that the item be placed on the agenda and made mention that in 1982 King St. was awarded $100,000.00 for work on the street. He said that some surveys were run and that a few of the residents would not consent to donating street easements and that the money was moved over to the Ray Road Project. Mr. Mike Casey came before the Council representing the item of business. He pointed out an incident involving the Community Development Department and the Jacksonville Wastewater Utility. He related that a leak was discovered in his yard by the Waste- water Utility and that he was encouraged to get it repaired within thirty days or his water would be cut off. He noted that CDBG has money appropriated to take care of that kind of problem and he requested help through Mr. Tony Ply. He noted that there was a blueprint provided by Jacksonville Wastewater showing that a problem existed in his yard. He also pointed out that through Mr. Ply's office another blueprint was provided which showed the busted line in the middle of King Street. He said that contrac- tors dug a nine foot hole and found that no leak existed there. He pointed out that he related to Mr. Ply that he would not pay for the expense incurred in digging the hole in King Street and that things have been worked out through the City Attorney re- solving the issue. Mayor Swaim said that several hours in research was done to provide information surrounding the item of business. He pointed out that the King Street project was not completed, that the easements were never accepted. He gave information from records dating back to June 2, 1983 with regard to King St. and City Engineer Owens recommendation that traffic volume was insuffi- CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1991 7:00 P.M. - 8:10 P.M. cient, in his opinion, to merit the construction of sidewalks until other streets with a greater need were improved. He added that the Council voted to fund the King Street Project anyway noting that Aldermen Knight, Keaton and Williamson voted NAY. He related that on March 1, 1984 Alderman Lewis made a motion to take $3,805.00 from the fund allocated for Ward II, of which King Street is a part, said motion having failed on a ROLL CALL VOTE with Aldermen Lewis and Durham voting AYE and all other Council Members voting NAY. He pointed out that on August 2, 1984 Mr. Lewis made a motion to move the money from the King Street area to the Ray Rd. area for sidewalk and street improvements and that by a voice vote, the motion carried. He said that none of the easements were ever accepted and deeded to the city and that the project is now being handled through the CDBG office with federal funding. Mr. Casey raised questions regarding why the poor people were not paid for the ten foot easements which they were requested to donate at a later date. Mayor Swaim said that the money, from one (1) cent sales tax, set aside in the past for King Street, by the motion made by Alderman Lewis and approved by the Council, has been used on the Ray Rd. project which was completed in 1985. He related that the King Street project funded through CDBG with money especially for low to moderate income areas, will be done in three phases. He added that a reasonable appraised price can be paid for the ten feet needed from the property owners along King Street to com-plete the improvements and that federal guidelines will have to be followed in that federal funding will be used. Mr. Casey asked for a list of the guidelines which Mayor Swaim said could be obtained from Mr. Ply. Mayor Swaim said that a list of property owners who agreed to donate property is on file and that nothing was finalized. Mr. Fletcher pointed out that the desire of the Council was, at the time the action was taken in setting up the King Street Improvements, that the benefit received by the property owners in increased property values merited donation of a ten foot ease-ment. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1991 7:00 P.M. - 8:10 P.M. Mayor Swaim said that completion of the three stage project could be expedited with the cooperation of the property owners. Alderman Lewis pointed out that HUD cannot solicit any property in order to complete the project, that a fair market price has to be offered. He said that Hud money was not available at the time the King Street Project was funded from the one cent sales tax funds but that now federal money is being made available for the improvement. He noted that he obtained signatures of those property owners willing to donate the ten feet of property adding that proper legal process would have to be followed before that part of the project is ready for completion. Mr. Ply pointed out that King Street was a city project, using one cent sales tax money, without CDBG involvement. He noted that he had spoken with Mr. Casey and Mr. Lewis and related that he did not solicit any property in that regulations do not permit it. He said that he has to offer fair market price according to an appraisal of the property adding that he is in Phase II at this time on the King Street Project, that he has completed a survey of the street completing Phase I and that he has names and signatures of property owenrs contacted. He explained that he has to go to the Court House, get legal descriptions, go out for bids for an engineer who will then go in and stake out the properties, stake out the utilities and that Phase II includes moving those utilities. He said that Phase III is the actual construction of the improvements which is hopefully curb, gutter, sidewalks and widening of the street. He added that federal guidelines will be followed in the project. e. DISCUSSION; DPC&E LAWSUIT Mayor Swaim voiced that the city did not win the lawsuit. Mr. Bamburg voiced that the deadline for an appeal notice is in fact approaching by the end of May. He said that the main issue is whether the Council wants to leave Judge Bogart's ruling as it stands and face whatever problems might come later through ADPC&E and EPA or if they want to address it now in hopes that an appeal would be honored and that his ruling could be stricken. Alderman Fletcher moved, seconded by Alderman Keaton that the City Council appeal the decision of Judge Bogart with regard to the DPC&E Lawsuit. MOTION CARRIED. f. CONTINGENCY FUND APPROPRIATION/$2,800.00 Mayor Swaim pointed out that the budget allows $2,000.00 for the CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1991 7:00 P.M. - 8:10 P.M. Municipal League Defense Fund and that $2,800.00 needs to be replaced in the Legal Defense Fund from the Contingency Fund. Alderman Knight moved, seconded by Alderman Wilson that $2,800.00 be taken from the Contingency Fund and put into the Legal Defense Fund. MOTION CARRIED. APPOINTMENTS: ANNOUNCEMENTS Mayor Swaim announced the Municipal League Meeting to be held in Hot Springs June 18, 19 and 20. He encouraged all Council Mem- bers to go noting that the expenses incurred by spouses will not be provided by the city. A request was made by Alderman Williamson that a list of persons contacted by Mr. Ply be provided the Council. ADJOURNMENT: Alderman Smith moved, seconded by Alderman Keaton, that the meet-ing adjourn at approximately 8:10 p.m. MOTION CARRIED. Respectfully, __________________________ __________________________ Lula M. Leonard MAYOR City Clerk-Treasurer