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09 MAY 21.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 21, 2009 7:00 P.M. – 7:28 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on May 21, 2009 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Alderman Stroud was absent. Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Human Resource Director Jill Ross, Police Chief Gary Sipes, CDBG Director Theresa Watson, Mrs. Beverly Elliott, Mrs. Glenda Fletcher, Mr. Mike Wilson, Mr. Larry Smith, Chamber of Commerce CEO Amy Mattison, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of May 7, 2009 for approval and/or correction at the next regularly scheduled 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 16 April 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for April 2009 from the Jacksonville Fire Department, which reflects a fire loss of $0.00 and a savings total of $0.00. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for April 2009 regarding 2009/2008 yearly crime statistical comparisons. Police Chief Sipes informed the City Council that for the first time in a long time the Police Department is about to be fully staffed. He stated that this comes at a good time with the beginning of summer, saying that it will be good to have additional officers on the streets. He related that currently there are four officers at the Academy and seven that are riding with senior officers, two of which are certified officers. He stated that the three new officers will be on board within the next three weeks. He credited the Human Resource Department as being instrumental in providing testing for emergency hiring. He then offered that the Police Department has a new cadet starting in the cadet program Tuesday. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 21, 2009 7:00 P.M. – 7:28 P.M. In response to a question posed by Mayor Swaim, Chief Sipes related that the court room security laws will be coming into effect soon, explaining that the Police Department will have to appoint two officers that will work in Courts during the day and when court is not in session those officers will serve warrants. He related that the Police Department has also applied for three additional officers through the COP Grant. He stated that he received a confirmation that the grant request had been received, and it was related that there has been over 8.3 billion dollars of requests made and there is only 1 billion available for award. He explained to the City Council that the Police Department is looking at the possibility of changing to 12-hour shifts. He stated that it would be a 14-day pay period with 8-hour shifts on Sunday at the end of the pay period to cover that 24-hour period. He stated that this would end the possibility of automatic overtime. He stated that it was put to a vote among the officers with majority ruling that they would be in favor of the 12-hour shifts. He added that there were some that were opposed, so it will be conducted on a trial basis and revisited in January. He stated that he believes the 12-hour shifts will be beneficial not only for retention because of the three day weekend every other week, but it will also put more officers on the street at any given time, which is good for the citizens. In response to a question posed by Alderman McCleary, Chief Sipes stated that the bicycle patrol may be starting earlier than last year. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: ORDINANCE 1372 (#15-09) AN ORDINANCE TO CREATE JMC §8.30 TO REGULATE THE DISPOSAL OF DRILL CUTTINGS ORIGINATING FROM DRILLING OPERATIONS THAT USE PETROLEUM BASED DRILLING FLUIDS; DECLARING AN EMERGENCY; AND, FOR ALL OTHER PURPOSES. Mayor Swaim presented an emailed letter from Waste Management for review. Alderman Smith moved, seconded by Alderman Howard to place Ordinance 1372 on FIRST READING. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 21, 2009 7:00 P.M. – 7:28 P.M. City Attorney Bamburg stated that Ordinance 1372 is closely based on the ordinance recently passed by the Little Rock Board, adding that Little Rock received a challenge on that ordinance from the landfill owners. He explained that the owners have requested and the court denied a preliminary injunction. He stated that they are in the process to accelerate litigation and it is anticipated that the trial will be in June. He stated that the attorney’s office has performed an extensive research and feels comfortable with what they adopted. He related that he feels very confident that the provisions required in Ordinance 1372 are something the City Council has authority to enact. He added that if the City Council would wish to allow for additional public comment they could pass the ordinance on first reading and hold the ordinance to another meeting. He answered that the letter from Waste Management would be one factor to allow for additional public comment. Mayor Swaim explained that he had a conversation with Mr. Wheatley from th Waste Management on or around April 26 concerning questions from citizens regarding the use of shale in the landfill. He related that Mr. Wheatley sent him a copy of the ADEQ regulations, adding that he then contacted ADEQ and was informed that as long as the shale was being used as waste and not ground cover it is appropriate. He read from Mr. Wheatley’s letter “Understanding the potential public perception, Waste Management’s Two Pine Landfill voluntarily discontinued taking this material on April 29, 2009”. He stated that this is not an emergency, noting that the Landfill is not accepting this material at this time. City Attorney Bamburg clarified that Little Rock’s big concern and why they acted in such a quick manner was because their landfill owner was not disposing of the shale waste in the proper manner. He explained that it was being disposed of in a different manner than what is allowed under the State regulations. He stated that Waste Management has taken this waste over a period of time, but has always disposed of it in the proper manner, contained and covered appropriately with required materials. He added that there has been no statement or indications that Waste Management has done anything other than comply with all rules and regulations. He pointed out that as a Class I landfill they are authorized to take this waste, but have chosen by the statement in this letter not to do so. He stated that this is Waste Management’s decision as a corporate citizen and they should be applauded for doing so. Mayor Swaim related that his statements are to reassure citizens that there is not a hazardous situation, adding that he spoke to ADEQ explaining that the leach 8 that comes from the landfill is pumped up and then it is taken by truck to the Wastewater Treatment Plant and planted. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1372. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 21, 2009 7:00 P.M. – 7:28 P.M. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1372 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1372 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1372. Alderman Fletcher moved, seconded by Alderman Ray to APPROVE Ordinance 1372 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. It was the consensus of the City Council to hold third reading until the next regularly scheduled City Council meeting and allow two weeks for public input. APPOINTMENT(S): BOARD OF ADJUSTMENT Alderman Smith moved, seconded by Alderman Howard to approve the appointment of Eric McCleary to the Board of Adjustment for a term to expire 2/05/2010. MOTION CARRIED with Alderman McCleary abstaining. PARKS AND RECREATION COMMISSION Alderman Ray moved, seconded by Alderman Smith to approve the appointment of John Toombs, Jr. for a term to expire 5/09/2014. MOTION CARRIED. ANNOUNCEMENT(S): City Hall will be closed May 25, 2009 in observance of Memorial Day. Alderman Ray announced that Kris Allen won on American Idol last night, adding that Kris Allen was born in Jacksonville. He asked that the City Council suspend the rules and place discussion for proclaiming a “Kris Allen Day” in Jacksonville, on the agenda. Alderman Ray moved, seconded by Alderman McCleary to suspend the rules and place the item on the agenda. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Rinker to proclaim a “Kris Allen Day” in Jacksonville. Chamber of Commerce CEO Amy Mattison related conversations with members of the family, who are in support of having a “Kris Allen Day” in Jacksonville. She related plans to have a sign dedication off Hwy. 67/167. She then explained that Kris’ mother is forwarding information to th Mary Twitty regarding his July 25 tour and Kris’ availability to come to Jacksonville on that day for a sign dedication. She stated that there has been a lot of support for the proclamation and dedication. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 21, 2009 7:00 P.M. – 7:28 P.M. Alderman Smith offered to help coordinate events, relating that he knows Kris’ family, noting that he and his wife attended Kris’ wedding last year. It was the consensus of City Council to have Mary Twitty, Amy Mattison and Alderman Smith coordinate. City Attorney Bamburg clarified that the wording of the motion would allow for the date to be left open until it can be verified when Kris will be available. Alderman Ray suggested that the A&P Commission fund purchase of the sign for dedication. Discussion ensued regarding Kris’ schedule and confirmation for availability before committing to the purchase of a sign. At this time, MOTION CARRIED. Alderman Fletcher went on record to thank Mayor Swaim for his leadership, the Hospital Board, and the doctors; explaining that he feels he was attributed far too much credit regarding the Hospital resolution. He credited the Hospital Board and the doctors, saying that they are the real heroes. He stated that there are a lot of good people in Jacksonville who volunteer their time on various boards and commissions; saying that nothing is accomplished alone in this City, we all work together and we always have. He noted that sometimes the work behind the scenes is not always apparent. He thanked Mayor Swaim again for his contributions, and expressed his appreciation. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:28 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 5