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10 MAR 04.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2010 7:00 P.M. – 7:50 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 March 4, 2010 at the regular meeting place of the Council. Alderman Smith delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Aldermen Twitty and McCleary were absent. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Fire Chief John Vanderhoof, Human Resource Director Jill Ross, Jacksonville Wastewater General Manager Thea Hughes, IT Systems Administrator Barbara Daniel, Police Captain Charles Jenkins, Fire Captain Larry Hamsher, 9-1-1 Director Tabby Hughes, Parks and Recreation Director Kristen Griggs, Mrs. Glenda Fletcher, Mrs. Marie Fletcher, Mrs. Addie Gibson, Mrs. Nola Ferrell, Mr. Rizzell Aaron, Mr. Jim Moore, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of February 18, 2010 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 Howard that the minutes of the Regular City Council Meeting of 4 February 2010 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Smith moved, seconded by Alderman Howard to approve the Regular Monthly Report for February 2010. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 17 Building Inspections 15 Business License 14 Electrical 27 Plumbing 28 HVACR 13 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 2 Notice of Noncompliance 24 Property Mowed 0 Towed 0 Trash Letters 35 CONDEMNATIONS Trash Removal 0 Structural Maint. Letter 0 Property Maint. Letters 60 Structural repairs made 0 Cost $ 45.00 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2010 7:00 P.M. – 7:50 P.M. CITATIONS WARRANTS Debris & open storage 0 Arrest 3 Property maintenance 0 Search 0 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Smith moved, seconded by Alderman Howard to approve the Regular Monthly Animal Control Report for February 2010. Said report reflects: ADOPTION/FINES: $2,110.00 CONTRIBUTIONS: $ 203.56 TOTAL: $2,313.56 ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. MOTION CARRIED. WASTEWATER DEPARTMENT: ORDINANCE 1401 (#6-2010) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF PURCHASING 15” – 18” PIPE BUST HDPE AND INSTALLATION FOR USE BY THE JACKSONVILLE WASTEWATER UTILITY; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Wastewater Manager Thea Hughes explained an unusual situation regarding a line on Loop Road that is not covered by existing pipe burst contract. She related that this line has a 10” line inserted inside a 15”, which then connects to an 18” line creating a bottleneck. She noted problems with the manhole lids on Loop Road coming off in the street. She explained that the pipe needs to be made 18” all the way through to eliminate the bottleneck. Further explaining that the pipe runs under the embankment of the bridge on Loop Road, making it unfeasible to be dug up and replaced. She explained that the only option would be to pipe burst that section of pipe, noting that this project was not included in the original contract with the company that performs their pipe bursting. She stated that they are asking to waive competitive bidding to allow the current contractor to perform this job. Alderman Smith moved, seconded by Alderman Sansing to place Ordinance 1401 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1401. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1401 on FIRST READING and to suspend the rules and place Ordinance 1401 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1401. Alderman Stroud moved, seconded by Alderman Ferrell to APPROVE Ordinance 1401 on SECOND READING and further suspend the rules and place Ordinance 1401 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2010 7:00 P.M. – 7:50 P.M. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1401. Alderman Stroud moved, seconded by Alderman Ferrell that Ordinance 1401 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1401 THIS 4 DAY OF MARCH 2010. FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: ORDINANCE 1402 (#7-2010) AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE §5.50 REGARDING OPERATION OF THE JACKSONVILLE FARMER’S MARKET; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the floor for public comment at 7:07 p.m. Mr. Kelley Carney thanked the City Council for previously passing an ordinance for the farmer’s market that only allowed Arkansas vendors. He stated that from reading the minutes he feels the motivation behind that was to prevent vendors from coming and then leaving without having any accountability. He related previous issues with peddlers setting up all over town and the City Council wanting a way to coordinate that activity. He referred to an economic report by Ohio State University, which demonstrated with real data that if they could move 10% of local food purchases, it could create 243 new jobs and tax collection would increase by $344,000.00; adding 3.9 million dollars to the annual personal income and increase area sales by 12.8 million dollars. He spoke to the multiplier effect of supporting local agriculture, saying that he has employees that live and buy in Jacksonville. He stated that he believes it is deceiving to call it a farmer’s market and not have it populated by real farmers. He referred to an email concerning a report from the University of Arkansas that he had sent to the Aldermen, pointing out that it claims that 71% of the people that attend farmer’s markets – do so to support local economies. He then stated that the USDA is currently funding millions regarding a program called “Know your farmer, know your food”, saying that the USDA wants people to know where their food is coming from. He stated that people come to a farmer’s market to have a 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2010 7:00 P.M. – 7:50 P.M. relationship with someone who is growing their food. He related that he believes the “local foods movement” is a bid movement. He explained the fast growing populated website of 170 members regarding his “Keep Jacksonville – Arkansas grown” without advertisement. He offered that as some semblance of public opinion. He addressed the concern of variety, saying that he would maintain that local farmers will do a much better job of offering different varieties than you will find by allowing people who are not local farmers. He noted that even though last year was the wettest year on record, local farmers still managed to produce from May to December. He stated that he feels the small farmers are very creative in their approach to this, adding that the USDA is giving away grants to farmers to produce in hoop houses. He stated that this type of investment allows small farmers to be a sustainable and reliable source of food. He related that there was a 13% growth in farmer’s markets last year, adding that it is being realized that it carries a positive impact on local economies. He then noted the safety prospective of contaminated foods in mass quantities in the grocery stores. He stated that allowing wholesalers would look bad for Jacksonville, pointing out that everyone knows that Mayor Fletcher’s in-laws are in the whole produce distribution business. He stated that the markets in North Little Rock and Texarkana are restricted to locally grown products because those farmers did not feel that it is fair or equitable to have their products undercut in prices by wholesalers. He stated that the State recently passed a law saying that if the produce is not directly supplied you have to pay sales tax, which could be an issue. He then related that a wholesale dealer would directly compete with the local grocery stores, which would erode the tax base as well as alienate other business. He related that the farmer’s market was funded by State turnback monies, adding that by removing the “Arkansas only” provision is not right since the State provided the funds. He then noted that it is an unfair advantage to the local farmers because produce in Florida comes in before Arkansas, making it difficult for local farmers to compete. He concluded asking that the farmer’s market be kept Arkansas grown. In response to a question from Alderman Ferrell, Mr. Carney stated that if the City allows wholesalers, the citizens will think they are purchasing local without actually buying local. He explained the difference as being a produce market as compared to a farmer’s market. He stated that if it says farmer’s market the general public will trust that it is from local farmers. Mr. Rizzell Aaron stated that the question should be about price, adding that there are all kinds of businesses in town and the owners do not always live in the City. He stated that the money earned from those businesses is not always put back into the community. He concluded saying that consumers want to be able to buy produce at the best possible price. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2010 7:00 P.M. – 7:50 P.M. Mr. Jody Harden, President of the Certified Farmer’s Market Association stated he would recommend anyone wanting cheap food to purchase from Wal- Mart, adding that Wal-Mart is actually working hard to support local farmers. He related that when the farmer’s market is created to be an open market to any type of product; you jeopardize the relationship with the retailers, the tax base, who will not favor this ordinance. He stated that if the City removes the farmer’s market from being homegrown it is a huge digression, adding that he feels it will affect this community regarding the State Fair. He pointed out that the State Fair is looking for sustainable agriculture and the whole concept around the new State Fair is going to be based around agricultural, sustainable local farms, fresh and nutritious organic foods. He stated that this ordinance is a huge digression from the national food movement, to allow open competition against local food. He stated that farmers need sustainable prices, if you are going to build a sustainable local food system. He related that there is a huge movement within the State to do that. He stated that this community would stand out in the press if it builds a sustainable local food system. He related that this ordinance would be one of the worst things that Jacksonville has done as far as public opinion. He then stated that in the 2011 legislature, there are four major organizations promoting a new statewide mandate to say that any market that says it is a “farmer’s market” must be 100% populated by farmers. He noted that if Jacksonville passes the Ordinance it will have to be changed when legislation mandates. He stated that as chairman of the Certified Arkansas Farmer’s Market and as chairman of the Arkansas Food Policy Council, he would really appreciate if the City Council would support local farmers. He stated that this is the only type of infrastructure they have for outdoor farmer’s markets. He related that he had visited with Jim Durham and had assured him that he could populate the farmer’s market with 100% farmers, but they have not been given that opportunity. Mr. Larry Hamsher related he and his family participate with the farmer’s market in Little Rock, explaining that what they like about that farmer’s market is the diversity whether it’s wholesale or local. He noted that the farmer’s market in Little Rock offers breads and jams. He added that they are also able to purchase things that normally you cannot get in season such as blueberries. He noted that the farmer’s market sells produce cheaper than Wal-Mart, but added that he feels the diversity is supplied by the wholesalers. He stated that black plums are not something that you can get locally. He reiterated that he likes the diversity of the Little Rock Farmer’s Market, adding that he has gone to the North Little Rock Farmer’s Market twice; saying that it was an embarrassment. He noted that while the Farmer’s Market in Fayetteville is local farmers a number of other items can be purchased, such as original art, jewelry and other items. He stated that there is a multiple of things that go into their success with it being a local market, pointing out the location around the central square of town and other shops and eating establishments. He related that he feels 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2010 7:00 P.M. – 7:50 P.M. the newspaper article was somewhat deceiving. He stated that he is not disparaging local farmers, but feels that the success of the market in Jacksonville would be based on having a diverse group of growers and marketers. Ms. Juliann Carney related that she grew up here and Jacksonville is where her heart is, but she resides in Sherwood and works in Jacksonville. She stated that she is excited about the farmer’s market for Jacksonville. She added that she feels it would be very prudent to keep it as an “Arkansas only” market to establish a precedent for other cities. She noted other amenities in Jacksonville, adding that having a farmer’s market that is highly visible from the freeway will attract more people than some of the other markets. She stated that she would like to encourage the City to keep it “Arkansas only”, adding that if that did not work out, the City could always change the ordinance later. She stated that she loves the market in North Little Rock, saying that it has a fantastic array of products. She noted that the North Little Rock market has jams, breads, dairy products, and honey as well as local produce. She asked that the City Council keep the “Arkansas only” provision, noting that it could be changed later. She asked the City Council to keep the original intent of the previous ordinance. Director of Administration Jim Durham stated that when the process first began he met with Mr. Carney and Mr. Harden, adding that originally he was unaware of Mayor Fletcher’s wife’s relationship with Kiser Produce Company. He stated the Little Rock Farmer’s Market is probably the most successful market not only in the State but probably in several states, adding that they do not restrict their market to Arkansas only. He stated that he does not see any problems with the Parks and Recreation Commission allowing a day for “Arkansas only” products but does not feel any one type of entity should have an exclusive right to sell. He added that he does not feel that would be fair to the taxpayers, adding that he feels they deserve diversity with the right to chose. He related that following a trip to San Antonio to help bring new commerce to Jacksonville, he was told by members of the Chamber of Commerce that by obtaining new food establishments and hotels would hurt the “Mom and Pop” stores. He stated that his answer to that is, “rising tides raise all ships”. He continued saying that he would rather the local farmers have 2,000 people come through and have their products exposed to 2,000 people versus 200 people, which will happen if the market is restricted. He then related that Larry Odom of Holland Bottom Farms has stated that he would participate in the Farmer’s Market and supports it being open to everyone. Alderman Stroud acknowledged that both sides have valid points, commending City Attorney Bamburg and Parks and Recreation Director Kristen Griggs in formulating a good ordinance that can evolve as necessary. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2010 7:00 P.M. – 7:50 P.M. Alderman Stroud moved, seconded by Alderman Ray to place Ordinance 1402 on FIRST READING. Alderman Ray related that a former classmate named Joseph Taylor is a grower who has stated he would be willing to put his product in competition against anybody’s product, anytime or anyplace. He related that Mr. Taylor has the latest in equipment and is now retired from the Pulaski County School system and will be farming full-time. He stated that he harvest and sells daily. Mayor Fletcher stated that while he has struggled to remain silent, he feels the need to clarify. He related that he is very concerned about his reputation, saying that for 40 years he has been involved in this community and feels that most people know him to be straight forward and honest. He stated that he has no way to win given the perception of being married a Kiser. He stated that short of divorce, he does not know how to satisfy public perception. He stated that he told his family that he would prefer they not be involved in the Jacksonville Market. He stated that the Kisers are not wealthy people but they have been around longer than most. He noted that his wife’s father and two other gentlemen started the Little Rock Market 35 to 40 years ago. He related that there are 13 children on her side of the family and 8 on his side, saying that everything they do is going to touch somebody. He said “we cannot help that, there is too many of us.” He stated that there is no conspiracy, adding that what should be a blessing to our community has really become a personal nightmare. He stated that speaking as honestly as possible, he is not going to make a dime off the Market and does not perceive his family doing the same thing. He stated that while perception is everything, all he can do is offer his word that his family is not going to benefit and all he wants is what is best for Jacksonville. Alderman Stroud moved to amend page 2, second paragraph (C) making the paragraph read “Farmer’s Market shall be open on Wednesdays and Saturdays and other days of the week as designated as such by the Parks and Recreation Commission.” Seconded by Alderman Sansing. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Sansing related that when this idea was put forward by the Parks and Recreation Commission it was for the citizens of Jacksonville to have a choice. He stated that the key word is for the public at large, the citizens to have a choice. He added that it was never intended to limit choices. He stated that he personally does not favor the “Arkansas only” option, noting that if Arkansas were to have some sort of blight of a particular item, it would prevent the citizens from having an opportunity to purchase that product. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2010 7:00 P.M. – 7:50 P.M. ROLL CALL voting on First Reading as amended: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1402. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1402 on FIRST READING and suspend the rules and place Ordinance 1402 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1402. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1402 on SECOND READING and further suspend the rules and place Ordinance 1402 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1402. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1402 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. The emergency clause was removed from Ordinance 1402 (#7-10). th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1402 THIS 4 DAY OF MARCH 2010. Mayor Fletcher noted that construction of the 2100 square foot farmer’s market began this week. GENERAL: APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Fletcher asked that citizens call in to register for the CodeRED weather warnings. He then reminded everyone that the 2010 Census would be mailed in the next two weeks, encouraging everyone to fill out the form which only takes approximately ten minutes to complete. He announced that Ricky Hayes, the economic developer will be in ndrd Jacksonville on the 22 and 23, adding that he should be available to speak at some of the civic club meetings on those days. He noted efforts to have Mr. Hayes meet with a majority of the commercial property owners. He asked that anyone wishing to register for CodeRED to contact the City Clerk’s office. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2010 7:00 P.M. – 7:50 P.M. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:50 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 9