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92 MAR 5.docCITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 5, 1992 7:00 P.M. - 7:50 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, March 5, 1992, 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. ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton were present. Alderman Lewis came in at approximately 7:03 p.m. Aldermen Knight and Twitty were absent. 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, Personnel Director and Mayoral Aide Michael Beeman, Acting Asst. Deputy City Clerk Susan Goings, City Engineer Duane Reel, Asst. Finance Director .Carol Overton, Fire Chief Rick Ezell, Sanitation Superintendent .Billy Gilmore, Police Chief Don Tate, 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 February 20, 1992 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 February 6, 1992 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ANIMAL CONTROL DEPARTMENT Alderman Sansing moved, seconded by Alderman Wilson that the Regular Monthly Report for February, 1992 of the Jacksonville Animal Shelter which revealed collections of $456.00 for adop-tions/fines and $300.00 in security deposits for total receipts of $756.00. ROLL CALL: Aldermen: Smith, Sansing, Ray, Fletch-er, Wilson, Williamson, and Keaton voted AYE. MOTION CARRIED. POLICE DEPARTMENT: Alderman Sansing moved, seconded by Alderman Wilson that the Regular Monthly Report for February, 1992 of the Jacksonville Police Department which revealed Computer Collections of $56,141.71, Miscellaneous Payments of $5,128.50 and Report Copies $346.00 with Total Collections of $56,038.68. ROLL CALL: Alder- men: Smith, Sansing, Ray, Wilson, Fletcher, William on, and Keaton voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 5, 1992 7:00 P.M. - 7:50 P.M. WATER DEPARTMENT: SEWER DEPARTMENT: FIRE DEPARTMENT: Discussion: Permits for Yard Waste Burning; Mr. Jim McClanahan DEVIATION IN AGENDA: Mayor Swaim moved to the next item due to the fact that Mr. McClanahan was not present at that time. POLICE DEPARTMENT: Additional Office Space Chief Don Tate was recognized by Mayor Swaim to address the item. He pointed out that additional office space, a conference room, storage space, interrogation rooms, communications areas and secretarial offices which are very vital to the operations at the Police Department are sorely needed. He pointed out that the area for the proposed addition is on the east side of the build-ing. Mayor Swaim pointed out that no architect has been contacted at this time. Alderman Wilson suggested that an architect be contacted and that efforts be made to utilize all space at the department to which Alderman Smith agreed. Alderman Fletcher requested that the roof be modified if possible as a discussion ensued regarding the same. The general consensus of the Council was that Chief Tate proceed with plans for the proposed addition. RESUME AGENDA: FIRE DEPARTMENT: Discussion: Permits for Yard Waste Burning; Mayor Swaim introduced Fire Chief Rick Ezell to address the item of business. He pointed out that the existing ordinance regard-ing the burning of yard waste was made available in the packet. Chief Ezell read a letter from Mr. J.D. McClanahan, Enforcement Administrator, Air Division of DPC&E with regard to open burning which he added, through clarification received by the department, is against state law with an approved DPC&E incinerator. He recognized Mr. Steve Weaver from DPC&E. Mr. Weaver said that according to state law cities are preempted from legislating in any way the matter of air pollution; said law passed in 1971. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 5, 1992 7:00 P.M. - 7:50 P.M. He said that beyond the legality of the matter there is an envi-ronmental concern for open burning, especially in a town like Jacksonville where a condition exists in which hazardous wastes are being burned. He pointed out that air monitors are posi-tioned all over the city. He said ambient air monitors are positioned within the state as he discussed seasonal burning and air quality control. There was discussion regarding burning in rural areas. Alderman Wilson voiced that the city is looking only at safety in the matter of open burning. Mr. Weaver stated that it is illegal, since 1973, to permit open burning, that the work of his department is not mainly to site someone and prohibit the burning of leaves in their back yard; that they have more important matters to attend to. He pointed out that DPC&E cannot support legislation for open burning. He said that the safety factor with regard to the issuing of burn permits is to be considered but that it is not the only factor which enters into the process. Mayor Swaim asked whether or not the city can issue an open burn permit with a disclaimer pointing out that ADPC&E would be the final authority. Alderman Wilson stressed that the position of the city in issuing burn permits is safety and not air monitoring; that the city is not trying to supersede the authority of DPC&E. City Attorney Hamburg said that Ordinance 818 covers the issue but that some modifications may be needed. He related that the purpose for the ordinance was to set up safety standards only for the Fire Department; that the city is not in position to judge air quality measures. He said that the citizen is responsible to ADPC&E and their regulations as far as air monitoring is con-cerned. He said that there will always be situations in which there will be burning violations with some being unsafe as far as a fire hazard is concerned. He said that Ordinance 818 may need to be modified to cover such instances and that the format may need to be changed to reflect that persons obtaining a permit may need to contact ADPC&E. He suggested that said changes be brought before the Council at their March 19, 1992 meeting. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 5, 1992 7:00 P.M. - 7:50 P.M. Chief Ezell noted that responsibility for open fires shall fall upon the property owner in the event the burning is not contained as modifications of the ordinance were discussed. Alderman Fletcher voiced his desire that the law be honored in the work of the Council regarding the issue. Mr. Weaver expressed appreciation for the concern of the Council which he said is very valid. He said that the situation in Jacksonville will be monitored by ADPC&E. Mayor Swaim pointed out that the transportation plan for the state is directly related to ambian air quality. Chief Ezell related that there was approximately 1.500 permits issued by the City of Jacksonville in 1991. Mr. Weaver said that ADPC&E does not publicize instances of conflict between themselves and any city in the state as Alderman Wilson questioned whether or not there have been such instances of conflict in the past. The general consensus of the Council was that City Attorney Bamburg and Chief Ezell work together and make a presentation to the Council at the next regular meeting. STREET DEPARTMENT: PARKS AND RECREATION DEPAR174ENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Discussion: Bailer/Compactor Purchase/Recycling Center Alderman Smith was recognized by Mayor Swaim to address the item of business. He related that the compactor/bailer will help with the collec-tion of plastics. He said that no market has been found at this time which is suitable unless the plastics are bailed adding that the cost will be between twenty to thirty thousand dollars. Mayor Swaim said the collection of plastics will be discontinued unless it is bailed. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 5, 1992 7:00 P.M. - 7:50 P.M. Alderman Smith moved, seconded by Alderman Sansing that the City go out for bids for a bailer/compactor to be used in the recy-cling process. MOTION CARRIED. b. Discussion: Jacksonville Health Clinic Mayor Swaim related that persons who planned to address the item of business were unable to attend the meeting. He pointed out that there is a need for space at the unit and that they desire help from the City of Jacksonville. He encour-aged the Council Members to view the buildings before the next regular meeting of the Council. c. RESOLUTION 445 (#3-92) Ref: Request for action support from State and National Officials ref: Completion of Waste Disposal Project in Jacksonville Mayor Swaim opened the item for a motion from the Council. Alderman Fletcher moved that the Resolution be read. DUE TO THE LACK OF A SECOND, THE MOTION DIED. Alderman Fletcher commented that he felt that passage of the Resolution is an opportunity for the Council to express their concerns regarding the Vertac situation adding that he believed the burn was halted as a result of a political issue. He voiced concern that Pollution Control have a back-up plan with regard to the Vertac Incineration Plan adding that the city has dealt with the issue for twelve years or more and that he desires completion at the earliest possible date. APPOINTMENTS: Mayor Swaim expressed that there will be a vacancy on the Civil Service Commission in the immediate future and encouraged submis-sion of a name by Council Members if they so desire. He said that he will propose that Mr. Clark Hastings fill the position of Mr. Hobby Smith who will not be eligible to serve another term. ANNOUNCEMENTS: CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 5, 1992 7:00 P.M. - 7:50 P.M. ADJOURNMENT Mayor Swaim adjourned the meeting at approximately 7:50 p.m. Respectfully, ______________________________ _____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 6