19 OCT 03
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 2019
6:00 P.M. – 6:26 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 October 3, 2019 at the regular meeting place of the City Council.
Councilman Ray delivered the invocation and Mayor Johnson led a standing
audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: City Council Members: Elliott, Bolden, Sipes, Sansing, Ray,
Mashburn, Twitty, Smith, and Collins answered ROLL CALL. Mayor Johnson also
answered ROLL CALL declaring a quorum. PRESENT NINE (9) ABSENT (1).
Others present for the meeting were: City Attorney Stephanie Friedman, Public
Works Director Jim Oakley, IT Director Scott Roethlisberger, CDBG Director
Theresa Watson, Police Chief John Franklin, Fire Chief Alan Laughy, Parks and
Recreation Director Kevin House, Human Resource Director Charlette Nelson,
Planning Commission Chairman Jim Moore, Assistant Finance Director Laura
Collie, Addie Gibson, Police Captain Kim Lett, Director of Downtown Planning
and Development Bob Price, Dejuana Sipes, Jeff Twitty, Patrick Thomas, Johnny
Simpson, Water Department Superintendent Short, Rachel Richter, interested
citizens, and members of the press.
PRESENTATION OF MINUTES:
Mayor Johnson presented the minutes of the regular City Council meeting of
September 19, 2019 for approval and/or correction at the next regularly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Councilman Bolden moved, seconded by Councilman Sipes that the minutes of the
regularly scheduled City Council meeting of 5 September 2019 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT
Councilman Ray moved, seconded by Councilman Bolden to approve the regular
monthly report for September 2019.
PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED
Building Permits 13 Building Inspections 42
Business Licenses 0 Electrical 38
Plumbing 46
HVACR 20
ROLL CALL: Councilmen: Elliott, Bolden, Sipes, Sansing, Ray, Mashburn,
Twitty, Smith, and Collins voted AYE. MOTION CARRIED.
WASTEWATER DEPARTMENTS:
WATER DEPARTMENT: RESOLUTION 788 (#11-2019)
A RESOLUTION APPROVING SECOND ADDENDUM TO WATER PURCHASE CONTRACT BETWEEN
LONOKE WHITE PUBLIC WATER AUTHORITY OF THE STATE OF ARKANSAS AND THE CITY OF
JACKSONVILLE, ARKANSAS; AUTHORIZING THE MAYOR TO EXECUTE SUCH ADDENDUM; AND
PRESCRIBING OTHER MATTERS RELATING THERETO.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 2019
6:00 P.M. – 6:26 P.M.
Council Member Ray moved, seconded by Council Member Bolden to read
Resolution 788 (#11-2019) MOTION CARRIED. Whereupon City Attorney Friedman
read Resolution 788 (#11-2019).
Council Member Ray moved, seconded by Council Member Bolden to adopt
Resolution 788 (#11-2019) in its entirety.
Water Department Superintendent Jake Short informed the City Council that
this is a housekeeping measure. He related that Jacksonville is one of eight
members of the Lonoke White Public Authority; explaining that the project
consists of a water intake structure and water treatment facility at Greers
Ferry Lake and also over 50 miles of transmission mains. He stated that the
project was financed through Arkansas Natural Resource Commission and USDA
Rural Development. He noted that Lonoke White is currently in the process of
refinancing the bonds on the USDA side; this addendum removes any language
that points back to USDA Rural Development, while all other provisions stay
the same.
At this time, MOTION CARRIED.
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
COMMITTEE(S): a. Request by Council Member Barbara Mashburn to form a Used
Car Lot Committee
Council Member Mashburn related that need to regulate placement and number of
cars on used car lots, noting the obstruction of traffic.
Council Member Bolden volunteered to serve, adding that it should be opened
to have owners of used car lots as committee members.
Council Member Sansing volunteered.
b. Ordinance 1584 (#06-2018) Out of State property owners maintaining a
local registered agent
Council Member Collins stated that the Committee is ongoing and the next
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meeting will be October 22 at 5:00 p.m.
c. Request to form Committee to research Step-Pay proposal for all City
employees for 2020
Council Member Bolden volunteered, and Mayor Johnson stated that he would
like to have Department head or their representatives serve as well.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 2019
6:00 P.M. – 6:26 P.M.
GENERAL: a. ORDINANCE 1615 (#22-2019)
AN ORDINANCE APPROVING THE DETACHMENT OF LANDS FROM THE CITY OF JACKSONVILLE
TO BE ANNEXED INTO THE CITY OF SHERWOOD; AND, FOR OTHER PURPOSES.
Councilman Elliott moved, seconded by Councilman Sansing to place Ordinance
1615 on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing,
Ray, Mashburn, Twitty, Smith, and Collins voted AYE. MOTION CARRIED.
Whereupon City Attorney Friedman read the heading of Ordinance 1615.
Councilman Ray moved, seconded by Councilman Sansing to approve Ordinance
1615 on FIRST READING and SUSPEND THE RULES to place Ordinance 1615 on SECOND
READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray,
Mashburn, Twitty, Smith, and Collins voted AYE. MOTION CARRIED.
Councilman Ray moved, seconded by Councilman Bolden to further SUSPEND THE
RULES and place Ordinance 1615 on THIRD AND FINAL READING. ROLL CALL:
Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Twitty, Smith, and
Collins voted AYE. MOTION CARRIED.
Councilman Ray moved, seconded by Councilman Bolden to APPROVE AND ADOPT
Ordinance 1615. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray,
Mashburn, Twitty, Smith, and Collins voted AYE. MOTION CARRIED.
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ORDINANCE 1615 (#22-2019) APPROVED AND ADOPTED THIS 3 DAY OF OCTOBER, 2019.
b. RESOLUTION 789 (#12-2019)
A RESOLUTION IN SUPPORT OF AND AUTHORIZING EXECUTION OF SALE DOCUMENTS FROM
THE CITY OF JACKSONVILLE FOR CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL
LOCATION – 212 EAST MAIN STREET); AND, FOR OTHER PURPOSES.
Mayor Johnson noted that a new copy of Resolution 789 is at each Council
Member’s workstation, explaining that the buyer’s name has been corrected.
Council Member Ray moved, seconded by Council Member Mashburn to read
Resolution 789 (#12-2019). MOTION CARRIED.
Council Member Ray moved, seconded by Council Member Bolden to adopt
Resolution 789 (#12-2019).
Mayor Johnson explained that there is a small piece of land off the edge of
the Bridge, next to Jacksonville Starter across the street, saying that it is
actually part of four or five lots. He related that as the Bridge came
across, things moved around, so what we decided to do is that it would be
fair if we got it appraised and paid what it appraised for as well as paying
for the appraisal and closing cost.
Council Member Sipes requested that the amounts be disclosed within the
Ordinance when the City is buying or selling property.
At this time, MOTION CARRIED.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 2019
6:00 P.M. – 6:26 P.M.
Mayor Johnson stated that the City has a lot of land that is being mowed, and
we are looking at putting that land on Land.gov, people would bid on the
property or lots. He stated that this would save the City the trouble of
having to get an appraisal and lessen the properties having to be mowed by
the City.
c. APPEAL HEARING 201 North First Street conditional use as a Used Auto
Sales
Mayor Johnson announced that the City received a request from the
petitioner’s attorney to delay the appeal hearing due to a conflict in
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scheduling from October 3 to the next regularly scheduled City Council
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meeting of October 17. He stated that after discussion with City Attorney
Friedman, it is recommended that we send this back to the Planning Commission
for them to rehear it.
Council Member Twitty moved, seconded by Council Member Collins to send the
appeal hearing for 201 North First Street back to the Planning Commission.
MOTION CARRIED.
d. Revenue Brain Storming
Discussion ensued and it was the general consensus of the City Council to
host a town hall meeting to include the public.
APPOINTMENTS:
UNFINISHED BUSINESS:
NEW BUSINESS:
ANNOUNCEMENTS: Rachel Richter addressed the City Council regarding proper
procedure, questioning what happens if a member of the City Council does not
follow proper procedure and no action is taken.
Mayor Johnson stated that action can be taken by this body or the Prosecuting
Attorney, adding that it depends on the infraction.
Ms. Richter stated it is pertaining to proper procedure as far as City
Council and how procedure is supposed to be enacted, as far as City Council
meeting.
City Attorney Friedman questioned if she was talking about what happens in a
City Council meeting or which procedure.
Ms. Richter stated that what she is talking about is, there is a certain
procedure that has to happen in order to have a City Council meeting. When
this procedure is deflected from, is that actually something that can be of
consequence? Is that something that someone can be admonished for?
Mayor Johnson questioned if she was talking about a Council Member that
doesn’t follow Robert’s Rules of Order during the meeting or that we don’t
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 2019
6:00 P.M. – 6:26 P.M.
follow our own rules? He noted that tonight he changed how people sign up to
speak for or against Ordinances and Resolutions. He added that he is not
sure what she is referring to.
Ms. Richter stated that she is referring to is established pattern and how
City Council meetings are supposed to be done. Everybody’s got a book, for
instance, Robert’s Rules of Order – that is how that is supposed to be done.
What happens when City Council Members deviate from that?
City Attorney Friedman stated that she is aware they have adopted Robert’s
Rules through an ordinance, but that is not binding, it’s not the same as a
State Statute. So, if a Council Member doesn’t follow Robert’s Rules,
questioning if she is talking about a criminal sanction or a civil penalty
or… it is kind of hard to answer without proper…
Ms. Richter stated that at the very least, a civil consequence.
Council Member Mashburn stated it would be up to the Prosecuting Attorney.
City Attorney Friedman stated that if it is just Robert’s Rules, those are
not governing the law in a court room, if that is what you mean.
Mayor Johnson stated that it is not a criminal offense to break Robert’s
Rules of Order.
Council Member Bolden stated that Robert’s Rules of Order are the foundation
for the meeting.
Ms. Richter stated that it answers her question.
Mayor Johnson invited her to make an appointment if she would like to speak
to him in his office.
Planning Commission Chairman Jim Moore stated that he was unaware that this
was going to happen and was under the impression that the appeal hearing was
going to be tabled to the next City Council meeting. He stated that since the
item has been sent back to the Planning Commission that the City provide
Police protection for that meeting.
Mayor Johnson stated that he believes their attorney will be present.
Council Member Twitty announced that the Bean and Cornbread Senior Center
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Luncheon Fundraiser will be held October 22from 9:00 a.m. to 2:00 p.m.,
noting that she had tickets if anyone wished to attend. She stated that the
Senior Center will also be hosting their Health Fair that day with door
prizes and raffle tickets for two Southwest airline tickets.
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Mayor Johnson announced that the 1 Annual Drug and Alcohol Awareness Day
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will be October 5 at Dupree Park from 1:00 p.m. to 5:00 p.m.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 2019
6:00 P.M. – 6:26 P.M.
Council Member Bolden announced that October is Cancer Awareness Month.
Mayor Johnson announced that the Chamber of Commerce is having Casino Night
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October 25 at the Southern Oaks Country Club. He then announced that
FestiVille was a great success this year.
ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at
approximately 6:26 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR BOB JOHNSON
City Clerk-Treasurer
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