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92 APR 2.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2, 1992 7:00 P.M. - 8:20 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 2, 1992, 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, 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, Personnel Director and Mayoral Aide Michael Beeman, Acting Asst. Deputy City Clerk Susan Goings, City Engineer Duane Reel, Code Enforcement Officer Wayne Cox, Sanitation Superintendent Billy Gilmore, Police Chief Don Tate, Former Mayor James Reid, Mrs. Joan Zumwalt, Chairman of the Sewer Commission, Mr. Robert Stroud-d, Chairman of the Parks & Recreation Commission, 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 March 19, 1992 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Terry Sansing that the minutes of the Regular City Council Meeting of March 5, 1992 be APPROVED. MOTION CARRIED. CONSENT AGENDA: POLICE DEPARTMENT: Alderman Sansing moved, seconded by Alderman Wilson that the Regular Monthly Report for March, 1992 of the Jacksonville Police Department which revealed Computer Collections of $52,902.41, Miscellaneous Payments of $4,972.50 and Report Copies $271.00 with Total Collections of $58,145.91. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED. WATER DEPARTMENT: SEWER DEPARTMENT: FIRE DEPARTMENT CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 2, 1992 7:00 P.M. - 8:20 P.M. POLICE DEPARTMENT: FIRE DEPARTMENT STREET DEPARTMENT: PARKS AND RECREATION DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. ANNOUNCEMENT of WINNERS & PRESENTATION of AWARDS for RECYCLING LOGO PARTICIPANTS Alderman Marshall Smith and Mr. Michael Beeman were recognized by Mayor Swaim to present awards to the following: 1. Tolleson Elementary - Melissa - 5th Grade $25.00 "RECYCLING CAN SAVE THE EARTH" 2. Homer Adkins Elementary - Tiffy McLain - 6th Grade $25.00 "RECYCLING IS ECOLOGY'S BEST FRIEND" 3. Warren Dupree - Brad Hall - $25.00 "THE REAL CYCLE" (RECYCLE)" 4. Jacksonville Elementary - Donnese Green - 4th Grade $25.00 "RECYCLE--IT’S WORTH WAVING" 5. Murrel Taylor - Lindsey Reid - 4th Grade $25.00 "RECYCLING MAKES A BETTER TOMORROW" 6. Pinewood Elementary - Kimberly Iacovelli - 6th Grade $25.00 "RECYCLE TODAY - DON'T LITTER AWAY!" 7. Arnold Drive Elementary - Kelly Blazig II - 5th Grade $100.00 "CONTINUE THE CYCLE -- RECYCLE" b. RESOLUTIONS concerning CONDEMNATION Mayor Swaim inquired if the council desired to vote on these resolutions in their entirety or separately. Alderman Wilson moved, seconded by Alderman Knight that Resolutions 446 through 449 be read. CITY Off' JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 2, 1992 7:00 P.M. - 8:20 P.M. City Attorney Robert Bamburg noted a specific change in Resolution # 449 which was designated 318 Elm Street. The address of the house condemned was changed to 110 Roosevelt Street. He further noted that the property at 318 Elm Street is owned by an estate and is being represented by Attorney Ben Rice and that Mr. Rice has contracted with a local company to tear down the residence on the property at 318 Elm Street. As a result it is being left off the list of condemned properties. Mayor Swaim asked for other discussion on this item. There being no further discussion, the MOTION CARRIED: City Attorney Bamburg proceeded to read Resolution 446. Alderman Reedie Ray inquired if after the reading of the first two paragraphs we could dispense with repetition of reading the Resolutions in their entirety. Alderman Ray moved, seconded by Alderman Wilson to suspend the reading of the resolutions in their entirety. MOTION CARRIED. City Attorney Bamburg read the heading of Resolution 446, 447, 448, and 449. Alderman Wilson moved, seconded by Alderman Knight that Resolutions 446, 447, 448 and 449 be APPROVED. MOTION CARRIED. Mayor Swaim gave opportunity to property owners or anyone in attendance to speak to the resolutions. No comments were made. Mayor Swaim pointed out that copies of the Resolutions are avail-able to any person requesting them. A question was raised about 105 Dennis Lane, a matter brought before the City Council at their March 19, 1992 meeting. Mayor Swaim pointed out that a request from Mrs. Dorothy Head has channeled the matter to the Board of Adjustment. DEVIATION IN AGENDA: CIVIL SERVICE APPOINTMENT: Reappointment of Mr. Steve Coop for a six year term to expire 4/1/98 Alderman Smith moved, seconded by Alderman Wilson that Mr. Steve Coop be reappointed to the Civil Service Commission for a six year term to expire 4/1/98. MOTION CARRIED. RESUME AGENDA: PRESENTATION OF INFORMATION & QUESTIONS BY COUN- CIL / EPA and DPC&E OFFICIALS CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 2, 1992 7:00 P.M. - 8:20 P.M. Mayor Swaim voiced that the representatives who will answer questions from the City Council agreed to stay after the close of the meeting to answer any questions from the general public or the news media. He introduced Mr. Allyn Davis, Ph. D, and Director of the Hazardous Waste Management Division of EPA with regional headquarters in Dallas, Texas. Mr. Davis presented the following data to the City Council with comments accompanying the same. EPA STATEMENT TO JACKSONVILLE CITY COUNCIL Jacksonville, Arkansas, April 2, 1992 Over the past several weeks, there has been some confusion regarding the regulatory requirements and the safety of the Vertac incineration project. The Environmental Protection Agency (EPA) appreciates the opportunity to clarify these issues. The Vertac incinerator is in compliance with all incinerator requirements. Federal Regulations require that an incinerator that is to burn dioxin wastes, demonstrate a 99.9999% Destruction Removal Efficiency (commonly referred to as six 9's DRE), on a compound more difficult to destroy than dioxin. This has been done using hexachlorobenzene as the surrogate compound. The regulations adopted the six 9's DRE to require that an incinerator demonstrate that it is designed and operated to maximize dioxin destruction and minimize residual emissions, to a safe level. The Vertac incinerator meets these goals. Concern has been expressed because data from the third trial burn run indicated that the incinerator only destroyed 99.96% of the trace dioxin that was in the material that was burned. The fact that very low concentrations of hazardous substances may not be destroyed to the six 9's DRE level has been known for some time. This is not significant because burning very low concentrations of dioxin, at lower DRE levels, yields residual emissions below risk based safe limits. This level of safety is supported by the EPA air monitoring program at the Vertac site. According to that air data, the project has posed less than a 1 in 10 million excess cancer risk. In other words, if a person had stood at the point of highest offsite air concentrations to date, that person's odds of getting cancer from the project, would be less than 1 in 10 million. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 2, 1992 7:00 P.M. - 8:20 P.M. In conclusion, the Vertac incinerator passed the trial burn and thus, is in compliance with all incinerator requirements. The regulatory six 9's requirement was adopted to ensure that maximum dioxin destruction is achieved and emissions are minimized. More importantly, however, EPA air monitoring has confirmed that this project is both safe and fully protective of human health. Alderman Fletcher raised a question regarding the shut-down at the Vertac Plant in February, 1992. Mr. Randall Mathis, Director of ADPC&E. related that he had been conservative in his approach regarding incineration at the Vertac Plant, that he had stopped the burn process as a safety precaution due to readings from monitors on site. He said that he was overly conservative, that the shut-down was a mistake in that total tetra and not 2,3,7,8 was monitored. He added that if error is made, he had rather it be on the side of being overly conservative. He said that experts were brought in and that they found the incineration process and equipment to be excellent. He said the monitoring program at the Vertac site is the best in the country. He apologized for any confusion or statements that he might have made which could have been misleading with regard to the incineration process at Vertac. He said that he would not stop the process unless he feels the health, safety and welfare of the citizens of the city are at stake. Alderman Fletcher concluded that he felt a breakdown in communication was responsible for the present situation between the citizens of Jacksonville and the agencies in charge of "the burn" at Vertac. He expressed negative views regarding interaction between the federal and state agencies and the burning of dioxin within the city. Mr. Mathis voiced that he will make decisions based on what is right and what is protective of the public health and environment. He related that the Commission sets policy after “Public Hearings". He pointed out that the issue is serious in nature and that it should be addressed properly committing him to respond honestly and openly with the City of Jacksonville. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 2, 1992 7:00 P.M. - 8:20 P.M. Alderman Sansing raised a question regarding fourteen (14) recommendations by ADPC&E to improve performance of the incineration. Mr. Mathis related that as the process continues; monitoring will be done with implementation of the recommendations as necessary to improve the process. He related that an additional $650,000.00 has been spent on engineering, with a cost of $238,000.00 to cover the shut-down adding that whatever is necessary to get the best possible burn will be done. Mayor Swaim pointed out that the general contractor, Mr. Bob Apa, has agreed to implement the recommendations if possible, noting that they are recommended but not required. Mr. Allyn Davis voiced that there is probably a need to be more careful in information given regarding the incineration process apologizing for overwhelming the general public with technical jargon. He noted that the "Dioxin Rule" came into effect and halted removal of the hazardous waste from the Vertac site and virtually put everything on hold until technology caught up with the problem of disposal of the same. He said that EPA is convinced that the hazardous waste problem at Vertac can be handled properly. At this time Mayor Swaim introduced Mr. Carl Hickham, Health Officer with CDC, an agency for toxic substances and disease registry. He related that final analysis of pre-tests of residents prior to "the burn" regarding the effects of dioxin in the Jacksonville area will be finalized and available to the participants of the study and control groups by mid-summer. He said that post testing will be delayed for approximately a year. Mayor Swaim expressed appreciation for the presentation of information, thanking all those who participated. ANNOUNCEMENTS: Mayor Swaim announced that "SHADES OF BLUE", an Air Force Band will perform at the Jacksonville High School Auditorium on Sun- day, April 12, 1992 from 3:00 p.m. to 5:00 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 2, 1992 7:00 P.M. - 8:20 P.M. ADJOURNMENT Alderman Smith moved, seconded by Alderman Wilson to adjourn the meeting at approximately 8:20 p.m. MOTION CARRIED. Respectfully, __________________________ _________________________ Lula M. Leonard MAYOR City Clerk-Treasurer