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92 FEB 6 .doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 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, February 6, 1992, 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, Fletcher, Wil- liamson, Keaton and Twitty were present. Alderman Wilson was absent. PRESENT, Nine (9), ABSENT, (1). Mayor Swaim also an- swered ROLL CALL and declared a quorum. Others present for the meeting: City Attorney Robert E. Bamburg, Personnel Director and Mayoral Aide Michael Beeman, Asst. Deputy City Clerk Teresa Parker, City Engineer Duane Reel, Park & Rec Director Annabelle Davis, Finance Director Paul Mushrush, Asst. Finance Director Carol Overton, Fire Chief Rick Ezell, Sanitation Superintendent Billy Gilmore, Wastewater Utility Manager Dick Morris, Chairman of the Sewer Commission Joan Zumwalt, Mr. Ron Copeland, Mr. Don Boyd and Miss Dawn Smith, 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 January 16, 1992 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Lewis that the minutes of the Regular City Council Meeting of January 2, 1992 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ANIMAL CONTROL DEPARTMENT Alderman Ray moved, seconded by Alderman Lewis that the Regular Monthly Report for January, 1992 of the Jacksonville Animal Shelter which revealed collections of $647.50 for adoptions/fines and $225.00 in security deposits for total receipts of $872.50. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CAR- RIED. POLICE DEPARTMENT: WATER DEPARTMENT: CITY JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 P.M. SEWER DEPARTMENT: PUBLIC HEARING: 7:30 P.M. REF: RATE INCREASE ORDINANCE 965 (#4-92) DEVIATION IN AGENDA: GENERAL: a. PRESENTATION by Mr. Ron Copeland/UPDATE ON REGIONAL SOLID WASTE STUDY Mayor Swaim introduced Mr. Ron Copeland, a Planning and Manage- ment Consultant for Pulaski County and IGCC, made up of mayors of the first class cities in Pulaski County and the County Judge. He made a verbal presentation to the Council regarding a Regional Solid Waste Facility. Mr. Copeland related that Act 752 of 1991 set the requirements for solid waste disposal and organized the state into eight (8) districts and provided that new districts could be created or that the eight (8) districts as such could be reorganized. He noted that our section of the set is in the Central Arkansas Regional Solid Waste Management District. He said consideration is being given to setting Pulaski County apart from the Central Arkansas District and he presented a map showing district loca- tions. He related voting percentages as one reason for redistrict- ing the county. He pointed out some requirements regarding wastes created in schools, offices, with tire disposal, plastic bottles, used motor oil, batteries and yard waste which will have to be dealt with within the next two years. He related that the geography of the district in which Jackson- ville will be located is Pulaski County proper, that the struc- ture of the governing board will be one representative from each of the five first class cities, one representative from the county having one vote each with a recommendation from IGCC that the mayors of the first class cities be the Board of Directors. He pointed out that there would always be the option of having a non-elected person on the board. . He related that the powers and duties of the district board would be planning and regulating solid waste disposal, choosing incin- erators, choosing landfills etc. He said that the board may choose to acquire, develop, manage, own or operate any solid waste management system for the dis- trict. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 P.M. He pointed out that EPA regulations are such that no longer can small cities afford what it costs to develop a landfill. He related many requirements of the law. Mayor Swaim pointed out that handling tires is the greatest problem in the five county district. He said this problem is a major element in the decision to make Pulaski County a district all its own adding that a petition has been presented for said change to be made and that benefits to the county with regard to distribution of funds merits the request. Mayor Swaim pointed out that this is not an option for cities, that the state has mandated the program to be paid for by the cities; that the cost of disposing of solid wastes is increasing and will continue to increase as regulations are met. He said controlling our destiny depends on defining the county area. Mr. Copeland said that cities of the first class would be asked to pass a resolution, which he will present to the Department of Control and Ecology, in the formation of the Pulaski County District. He noted that a draft has been presented to Mayor Swaim for passage by the Council and that, hopefully by March, the package can be presented to the state department. RESUME AGENDA: SEWER DEPARTMENT: PUBLIC HEARING: 7:30 P.M. REF: RATE INCREASE ORDINANCE 9 6 5 (#4-92) Mayor Swaim opened the public hearing at 7:30 p.m. He explained that the Wastewater Utility is run by the Sewer Commission and is funded and operated apart from the General Fund of the City of Jacksonville. He introduced Mr. Dick Morris, Manager of the Wastewater Utility who pointed out that EPA regulations have been mandated with regard to the efforts of the Wastewater Utility in sludge dispo- sal. He said that infiltration into the sewer system in the City of Jacksonville is not new and that the requested increase will enable the department to progress at a faster pace increasing the amount of maintenance done on the collector system and increase the rehabilitation crews from two to three. He said that the rate increase would provide materials to be used in the process as he related to the sliplining work done in 1991. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 P.M. He said the goal of the department is to do 60,000 feet, approx- imately five miles, of sliplining in 1992 which will double the amount previously done. He added that some two to three hundred manholes in the system are planned to be rehabilitated. He pointed out that the increased rate will enable the department to show EPA that a good faith effort is being made to control the infiltration inflow problems and keep them from issuing an admin- istrative order which would be very expensive and would burden the department to comply very quickly with the order. He related that an administrative order from EPA against the City of Conway was fourteen million dollars. He said that the Sewer Commission has avoided debt and at present has no debt service. He pointed out that rates in Jacksonville are lower than Little Rock and North Little Rock and that the bulk of the increase is for adding a third crew as he related expenditures which merit the increase requested. He related that the rate increase for the average customer using 7,000 gallons per month will be $1.09, making the total for said customer $11.73 per month. He said that averaging Little Rock, Cabot, North Little Rock, Fayetteville and Hot Springs, Jackson- ville rates are the lowest and that the increase is the first for Jacksonville residents since 1984. He informed the Council that without the rate increase, the Wastewater Utility would have a negative loss of $420,000.00 and with the rate increase there will be a loss of $298,000.00 after depreciation of the facilities. He said that EPA has mandated depreciation for emergency repairs, which he related is funded annually in the amount of $123,200.00 in an Emergency Equipment Repair Fund, that it is not optional. He stated that it would increase to $500,000.00 and would stop at that level unless there are expenditures from it. He noted that all overflow problems with manholes have to be reported to EPA. He related that fines up to $25,000.00 per day can be levied if the Wastewater Utility is not in compliance as it should be. Mr. Morris said that in 1991 60% of department resources were spent in the Sunnyside area which still warrants its proportion- ate share of the efforts of the department. He related that it CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 P.M. is hoped that sliplining in that area will be completed by mid or late summer. He noted that manhole rehabilitation for the Sunny- side area will be completed in approximately a year. Alderman Fletcher related that in 1984 the Council designated $800,000.00 to the Wastewater Utility for the plant. He ques- tioned the number of staff people at that time and since that time. Mr. Morris gave a brief update regarding the reasoning of the Wastewater Utility in hiring contract labor versus hiring people when employees left noting that approximately $3.00 per hour was saved; that the 1992 budget shows a reduction in labor costs over 1991. He related that the department has eight employees including the director: One (1) cleaning crew to be put out in the field, one employee and contract labor as necessary, three (3) sliplining crews, one (1) rehabilitation crew and one (1) landscaping crew. Mr. Morris voiced that there will be $130,000.00 less total in sliplining work done without the rate increase. Alderman Fletcher voiced that he felt priorities should be set; that there is a place within the system to get the revenue, and that he did not feel comfortable with the increase although he has voted for utility increases in the past. Alderman Knight noted that the cost to the two thousand gallon per month user is presently at $3.49 and is projected to $3.83, with an additional fifteen cents for each thousand gallons used above two thousand gallons. She related that, in her opinion, the least expensive way out is to bear the increase. Alderman Sansing commented that he sees a clearly defined need which should be met. Mr. W.C. Jenkins, a resident of Jacksonville, voiced that he feels the rates are too high at present and does not favor a rate increase. ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE SECTION 13.16.060 FOR SERVICES RENDERED BY THE JACKSONVILLE WASTEWATER UTILITY; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Sansing, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Williamson, Keaton and Twitty CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 P.M. voted AYE. Alderman Fletcher voted NAY. Motion received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED. Ordi- nance read FIRST TIME by City Attorney Robert E. Bamburg. Alderman Keaton moved, seconded by Alderman Sansing, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight,. Smith, Lewis, Sansing, Ray, Williamson, Keaton and Twitty voted AYE. Alderman Fletcher voted NAY. Motion received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED. AC- CEPTED ON FIRST READING. Alderman Ray moved, seconded by Alderman Lewis , to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL. Aldermen: Knight, Smith, Lewis, Sansing, Ray, Williamson, Keaton and Twitty voted AYE. Alderman Fletcher voted NAY. Motion received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the SECOND TIME. Alderman Fletcher commented that he felt $130,000.00 could be taken from depreciation in that the plant use involving smaller communities did not materialize and the rate of growth of the city has been slow. Alderman Sansing moved, seconded by Alderman Ray, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Williamson, Keaton and Twitty voted AYE. Alderman Fletcher voted NAY. Motion received eight (8) affirmative votes, (1 ) negative vote. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME Alderman Smith moved, seconded by Alderman Sansing that Ordinance 9 6 5 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Williamson, Keaton and Twitty voted AYE. Alderman Fletcher voted NAY. Motion received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Lewis, that the EMERGEN- CY CLAUSE BE APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Williamson, Keaton and Twitty voted AYE: Alderman Fletcher voted NAY. Motion received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED. th ORDINANCE APPROVED AND ADOPTED AND NUMBERED 9 6 5 THIS 6 DAY OF February 1992. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 P.M. FIRE DEPARTMENT: STREET DEPAR174ENT: PARKS AND RECREATION DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. PRESENTATION by Mr. Ron Copeland UPDATE ON REGIONAL SOLID WASTE STUDY (See Deviation in Agenda) b. AMERICAN DISABILITIES ACT COMPLIANCE RESOLUTION 443 (#1-92) Mayor Swaim voiced that he can relate to the displeasure of having to comply with governmental mandates, but that the city has no option. Mayor Swaim said that it has good legislation, legislation that is not clear but is aimed at helping the disa- bled not only to have access to public and private facilities but also the opportunity to have a job like everyone else. He recognized Mr. Michael Beeman, Aide to the Mayor, who addressed the Council regarding things the city is faced with in complying with the American Disabilities Act of 2990. He related that he, Mayor Swaim and City Attorney Bamburg have attended meetings in which cities have been informed of their role in complying with the legislation. He defined the word disability and related that the law is divid- ed into three parts, TITLE ONE, TITLE TWO AND TITLE THREE. TITLE ONE: EMPLOYMENT PROVISIONS which addresses discrimina- tion by employers against qualified individuals with a disability covering job applications, hiring, advancement, discharge, com- pensation, training and any other employment term, condition or privilege. He added that local governments will need to make reasonable accommodations to the known physical or mental limita- tions of an otherwise qualified individual unless to do so would result in an undue hardship. He noted that covered by Title One would be recruitment, adver- tising, job application procedures, hiring and promotion. He pointed out that reasonable accommodations by the City of Jacksonville, would be making existing facilities readily acces- sible to and usable by individuals with disabilities, job re- structuring, part-time or modified work scheduling, reassignment CITY OF JACKNONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 P.M. to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examina- tions, trainings, materials or policies, providing qualified readers or interpreters and other similar accommodations for an individual with a disability. He noted that this could mean anything from raising a desk with blocks to accommodate an indi- vidual in a wheel chair to outfitting a truck so it could be operated by one who is disabled. TITLE TWO: PROGRAMS AND PUBLIC SERVICES He voiced that the basic rule of Title Two is that no person shall be excluded from participation in or denied the benefits of the programs, services or activities of a local government on the basis of a disability or be subjected to discrimination by a local government. He gave the following example; communication with the public such as telephone contacts, office walk-ins, interviews and the publics use of government facilities. TITLE THREE: PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES He pointed out that building code enforcement, architectural designs and review functions carried out through local building, zoning and planning departments give local government an essen- tial role in making sure a disabled individual has access to goods, services, facilities and advantages these facilities offer. He said the Municipal League has established a time line of January 26, 1992 for compliance with those things set forth in the Disabilities Act is January 26, 1992. He related that the City of Jacksonville should adopt an ADA Coordinator, adopt a grievance procedure, which he said has been done, review and modify job descriptions, which for the most part has been done, abd review and modify test procedures, Jacksonville being in compliance already, that the public should be notified of the city's plan to comply with ADA which he voiced has been posted around the city and has been published through a local newspa- per, and replace required signage in and around facilities indi- cating nearest accessible facilities or service. He related that efforts are being made to comply noting handicapped parking spaces so marked at City Hall. He added that additional tele- hone improvements are required to accommodate deaf individuals pointing out that City Hall, the Fire Department, the Water Department, the Wastewater Utility, Parks & Recreation Department and the Police Department are being brought into compliance at this time. He related that he and the City Engineer have made a self evaluation of city facilities and that a transition plan is under way. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 P.M. He introduced Mr. Don Boyd and Miss Dawn Smith who are members of an advisory committee who toured with he and City Engineer Reel as the self evaluation was made, pointing out modifications needed from the viewpoint of a disabled person. Mr. Beeman said the perspective relieved from the' disabled is most valuable and the above named individuals made a great con- tribution to the efforts underway to accommodate the disabled. He said that every program, service or facility offered by the City of Jacksonville must be reviewed in efforts to comply with the disability act relating that by July 26, 1992, the transition plan must be completed and that by January 26, 1993 the self evaluation plan must be completed and by January 26, 1995 all structural changes must be completed. Mayor Swaim related that the federal government is the enforce- ment agency of the law, that the city will not be responsible for ADA compliance by the private sector, said compliance being the responsibility of the architect and the builder. e~ He voiced that a hearing impaired individual is being sought as well as other disabled persons to work with the city in coming into compliance with the ADA regulations. He expressed apprecia- tion for the work of Mr. Boyd and Miss Smith. He also made note that the bathrooms in the City Hall Complex as well as most city owned buildings will have to be modified to accommodate the disabled and bring them into compliance with ADA regulations. Alderman Smith commented that his business is taking strides to comply with the law which he feels to be a good one. APPOINTMENT OF Mr. Michael Beeman as ADA Compliance Coordinator Without objection, Mayor Swaim stated that Mr. Beeman will be named in the Resolution as ADA Compliance Coordinator. There were no objections by the Council. RESOLUTION NO. 443 (#1-92) A RESOLUTION ESTABLISHING AND/OR REVISING POLICIES AND PROCEDURES FOR THE CITY OF JACKSONVILLE TO INSURE AGAINST DISCRIMINATION OF INDIVIDUALS WITH DISABILITIES IN ACCORDANCE WITH THE AMERICAN DISABILITIES ACT; DESIGNATING AN ADA REPRESENTATIVE FOR THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 P.M. Alderman Knight moved, seconded by Alderman Sansing that Resolu- tion 443 be read. MOTION CARRIED. After a question by Alderman Keaton regarding the dates of com- pliance, Mr. Beeman pointed out that the city must make a good faith effort to bring all items listed in the self evaluation process _into compliance even though the city may be facing law- suits. City Attorney Bamburg voiced that some of the deadlines are conflicting and may become a matter of confusion at some point in time when it comes down to lawsuits. He said that municipalities are most vulnerable. He pointed out that it is necessary to pass the Resolution although some of the deadlines are conflicting. A list is on file in the office of the City Engineer and the City Clerk with regard to immediate corrections to be made to Munici- pal Buildings to bring them into compliance with the American Disabilities Act, 1991. Mayor Swaim voiced that having Mr. Boyd and Miss Smith is a positive move in the modification process. A short discussion ensued with regard to different buildings owned by the city and their particular modifications in relation to the need to be accessible to the public and employees. Alderman Smith moved, seconded by Alderman Knight to APPROVE RESOLUTION 443 (#1-92). MOTION CARRIED. c. REPORT & RECOMMENDATIONS OF THE RECYCLING COMMITTEE Alderman Smith pointed out that the recycling was begun in August of 1990 and that the tub grinder was purchased with three fourths percent grant money. He said that mandates being handed down for 1993 and 1995 make it imperative that yard waste be diminished even more. He said that in the fall it is possible that a pilot recycling program with be put in effect. He related that the committee feels an educational program will be beneficial in the success of recycling efforts in the city. Mr. Beeman was recognized to address the work of the committee in identifying March 1, 1992 as a beginning date for the educational campaign. He pointed out that information from Eureka Springs and Fort Smith indicates that children, elementary through junior high school age should be targeted. He related that the program will include skits, recycling color- ing books, presentations at the Junior High Schools with tours of CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 P.M. the recycling center, including viewing the City Hall Complex and perhaps the Fire Station as added features. He said that the children will mandate recycling efforts to the parents and grand- parents. He related that the Chamber of Commerce and local industries will be included in the educational process adding that clarification with regard to all items to be processed in the recycling program will be stressed according to existing ordinances. He pointed out that May 1, 1992 will be kick-off day for separa- tion of yard waste from other collectibles by the Sanitation Department according to State Act 751, passed in 1991, which makes it unlawful for yard waste to be disposed of at a landfill after July 1, 1993. He mentioned that Act 749, 1991 sets goals of recycling 30% of the waste stream by 1995 and 40% by the year 2000 adding that the city will probably be faced with curb side recycling to achieve this goal. He requested $5,000.00 to fund the education program as proposed and listed above. Mayor Swaim pointed out that selling recyclable products is not a profitable situation but is a necessary one. Alderman Knight moved, seconded by Alderman Keaton that $5,000.00 be taken from the Contingency Fund to proceed with the recycling educational program. MOTION CARRIED. Alderman Smith announced a meeting of the Recycling Committee for Thursday night, 7:00 p.m. February 13, 1992 at City Hall. Mayor Swaim voiced that there is a definite litter problem in the city pointing out previous efforts to improve the situation. He said there are two organizations, a Girl Scout Troop and the Kiwanis Club and Kamiah and Tobey Hovey are endeavoring to clean three areas. He said they are issuing a challenge to other clubs and individuals to aid in the "clean-up efforts". He mentioned efforts of the Masonic Lodge and the Little Rock Air Force Base as well. APPOINTMENTS: PARKS & RECREATION COMMISSION Mr. Donnie Griggs (to fill the unexpired term of Mr. James Walk- er/May 9, 1992) CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1992 7:00 P.M. - 9:00 P.M. Alderman Smith moved, seconded by Alderman Williamson that Mr. Donnie Griggs be appointed to serve on the Parks & Recreation Commission to fill the unexpired term, ending May 9, 1992, of Mr. James Walker. MOTION CARRIED. BOARD OF ADJUSTMENT Mr. Larry Baldwin (for a term to expire February 5, 1995) Alderman Knight moved, seconded by Alderman Sansing that Mr. Larry Baldwin be appointed to serve on the Board of Adjustment a term to expire February 5, 1995. MOTION CARRIED. ANNOUNCEMENTS: Mayor Swaim pointed out that there will be a public hearing regarding the Land Use Map at 7:15 p.m. during the Regular City Council Meeting of February 20, 1992. Paul Mushrush was recognized by Mayor Swaim. He introduced to the Council Assistant Finance Director Carol Overton. ADJOURNMENT: Alderman Smith moved, seconded by Alderman Ray that the meeting adjourn at approximately 9:00 p.m. Respectfully, ___________________________ _____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 12