19 OCT 28 special meeting (2)
CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
OCTOBER 28, 2019
6:00 P.M. – 6:51 P.M.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in special session
on October 28, 2019 at the regular meeting place of the City Council.
Council Member Ray delivered the invocation and Mayor Johnson led a standing
audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: City Council Member: Elliott, Bolden, Sansing, Ray, Mashburn,
Traylor, Twitty, Smith, and Collins answered ROLL CALL. Mayor Johnson also
answered ROLL CALL declaring a quorum. PRESENT NINE (9) ABSENT (1). Council
Member Sipes was absent.
Others present for the meeting were: City Attorney Stephanie Friedman, Public
Works Director Jim Oakley, Interim Police Chief McCollough, CDBG Director
Theresa Watson, Human Resource Director Charlette Nelson, Finance Director
Cheryl Erkel, Parks and Recreation Director Kevin House, Director of Downtown
Planning and Development Bob Price, Patrick Thomas, Brian Blevins, interested
citizens, and members of the press.
PRESENTATION OF MINUTES:
APPROVAL AND/OR CORRECTION OF MINUTES:
CONSENT AGENDA:
WASTEWATER DEPARTMENTS:
WATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: ORDINANCE 1619 (#26-2019)
AN ORDINANCE TO SET ADDITIONAL MILLAGE TAX RATES TO BE COLLECTED IN 2020 FOR
THE CITY OF JACKSONVILLE, ARKANSAS DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
Council Member Ray moved, seconded by Council Member Collins to place
Ordinance 1619 on FIRST READING. ROLL CALL: Council Member Elliott, Bolden,
Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION
CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1619.
Council Member Elliott clarified with Mayor Johnson that this proposed one
mill will replace the one mill for the Library that is sun-setting.
Mayor Johnson stated that as previously stated at the town hall meeting, the
one mill he pays on his house is $30.82. He stated that the Library mill
will automatically sunset. He related that back on January 31, 2019,
approximately $490,000 was still owed on the Library, adding that it will
automatically roll off when it is declared paid, it just goes away. He
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stated January 31 was before the money from 2018 had come in. He then noted
that if Ordinance 1619 is passed the City will not collect until 2021.
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CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
OCTOBER 28, 2019
6:00 P.M. – 6:51 P.M.
In response to a question from Council Member Traylor, Mayor Johnson
explained that when the Bank, who is the trustee of the note, when the note
is declared paid, it goes away, which will happen early next year. He then
answered that it will not show up on that tax bill anymore. He stated that
the mill is assessed in 2021 and collected in 2021. He explained that they
open the books in March, which is for what was on the books the year before,
so in March 2019 they open the books for the assessment of 2018 and it is due
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before October 15 of 2019. This would be on the books to be collected in
2021. He clarified that it will be assessed in 2020 but collected in 2021.
He then added that in the next few months, the bank will deem the other one
paid and it will just automatically fall off.
Council Member Traylor questioned if in the Ordinance heading should it say
be assessed in 2020 instead of being collected in 2020.
City Attorney Friedman stated that it is established in 2020.
It was the general consensus of the City Council to change the wording of
in the heading of Ordinance 1619 from “collected” to “established”.
Council Member Traylor asked what the basic dollar value of one mill would
be.
Mayor Johnson stated that it would be close to $400,000.00, adding that it
would depend on new construction.
Finance Director Cheryl Erkel stated that currently the one mill that we are
collecting on the Library is bringing in close to $300,000.00, which is the
same for the Fire and Police Pensions each.
Mayor Johnson noted that as new construction occurs and the City grows, the
millage collection will increase. He then related that the mill in Ordinance
1619 is designated for public safety equipment and construction.
In response to a question from Council Member Traylor, Mayor Johnson
concurred that public safety is defined as Fire, Police, and 911; but does
not include garbage trucks which is Sanitation.
Council Member Traylor stated that he is not sure about limiting Capital
Project to just Police and Fire, suggesting that it should for the City.
Mayor Johnson noted that the Sanitation Fund is an enterprise fund, which is
supposed to fund itself. He then stated that it falls back to the General
Fund if the enterprise fund is not self-sufficient.
Discussion ensued as to having the mill be dedicated to just public safety
when five years from now those immediate needs will have been served and
there are other areas in the City regarding Capital Projects that could use
the millage funds on a longer term basis.
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CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
OCTOBER 28, 2019
6:00 P.M. – 6:51 P.M.
Mayor Johnson clarified that the general consensus recommendation is to
change it from public safety to Capital equipment and construction.
Council Member Bolden concurred with having the mill serve more than just
public safety.
Council Member Traylor requested clarification as to whether both ordinances
are independent of one another or is it one or the other.
Mayor Johnson clarified that they are separate and both are being proposed
for adoption, totaling 2 mills, one from each ordinance.
Council Member Mashburn suggested that the ordinances be combined and put
into the General Fund.
Mayor Johnson stated that it was talked about, noting that the City will
always have Capital Projects.
Council Member Bolden questioned Finance Director Cheryl Erkel, asking if the
flexibility of the funding and where the money is directed would limit the
Mayor’s ability to use the funds in a different way.
Finance Director Cheryl Erkel clarified that if it is voted to go into
Capital Equipment or Capital Improvements, there is a fund set aside for
Capital Improvements that can be transferred from there to whatever fund it
is need to be used for. She stated that Capital Improvements is set aside
and is not comingled with other Funds such as General, Street, or Sanitation,
however whenever General, Street or Sanitation were to need that money for
special equipment or a special construction project – that money can be
transferred to that Fund and used to fund that project.
She then answered Council Member Bolden that if the mill is dedicated to the
General Fund then it can go to any Department that is funded by the General
Fund but it wouldn’t be able to be used on Street, Sanitation, Shooting
Range, or the Ambulance Service.
Council Member Collins recalled that at one time we had looked at there being
a lower limit, because you cannot spend funds out of Capital unless it
reaches a certain threshold. He asked if he was confused?
Finance Director Cheryl Erkel said yes, there is a purchasing rule that
anything over $20,000 has to be brought before the City Council and it also
has to be let out for bid. There is no minimum threshold regarding a Capital
project.
Mayor Johnson noted that roof repairs could be considered a Capital project.
Council Member Traylor stated that he understood from the town hall meeting
that the Library millage would be coming off the taxes, adding that he does
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CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
OCTOBER 28, 2019
6:00 P.M. – 6:51 P.M.
not have a problem with transferring that mill so that it can continue to be
collected. He stated that now we are talking about not only that mill but
adding an additional mill.
Mayor Johnson stated that is the next discussion, do we want to raise taxes
because that is what the next ordinance would do. The first mill would keep
taxes the same and the second proposed mill would raise taxes.
Council Member Traylor stated that he feels the issue of raising taxes should
be discussed before approving Ordinance 1619 as is, saying that we may want
to change Ordinance 1619 to incorporate a little of both. He stated that it
doesn’t have to be one mill, it could be 1.25 mills with .75 going to Capital
and .5 going to General Fund.
Mayor Johnson stated that he would ask for a motion to suspend the rules to
discuss Ordinance 1620 so that could be part of the current discussion. He
went on to say that if we decide to go to 1.5 mills for the General Fund on
Ordinance 1620 then we could kill Ordinance 1619. He stated that he needs a
motion to suspend the rules and put them in reverse order.
Council Member Traylor stated that we could just kill Ordinance 1620 rather
than 1619.
Council Member Ray pointed out that there is already a motion to place
Ordinance 1619 on first reading.
Council Member Traylor moved, seconded by Council Member Twitty to amend
Ordinance 1619 by changing the one (1) mill to one and a quarter (1.25) mills
with .75 going into Capital Improvements and .5 going to General Fund to
eliminate the need for Ordinance 1620.
Mayor Johnson stated that if this passes he will pull Ordinance 1620.
Council Member Traylor stated that it might be “cleaner” if you make
Ordinance 1619 .75 mills and Ordinance 1620 .5 mills.
Council Member Ray stated that he feels that might offer some problems down
the road. He suggested that we continue with Ordinance 1619 just as it is
written and either pass or amend each one of them. He stated that it might
present legal problems with a motion already approved on Ordinance 1619
regarding the first reading.
Council Member Traylor offer that he would amend his motion to amend
Ordinance 1619 to .75 mills going to Capital Improvement.
Council Member Elliott stated that he would like to keep the one mill
separate from any additional millage.
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CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
OCTOBER 28, 2019
6:00 P.M. – 6:51 P.M.
Council Member Traylor stated that he is thinking that Ordinance 1620 could
be .5 mills instead of a mill, noting that we would still be going up .25 in
mills.
Council Member Bolden clarified that the one mill for the Library is sun
setting, so the proposed action is to reinstitute a new mill in place of the
Library mill because the Library millage is nontransferable. He stated that
he agrees with Council Member Ray, we need to deal with the one mill proposed
by Ordinance 1619 and then move on to Ordinance 1620.
Mayor Johnson proposed that Ordinance 1619 be made for .75 mills and .25 to
the General Fund and then we can deal with Ordinance 1620 at whatever level
we decide.
Further discussion ensued as to how to handle each ordinance regarding
Ordinance 1619 already being on first reading and any proposed amendments.
Council Member Traylor rescinded his motion. Council Member Mashburn seconded
the motion. Previous motion with a second did not have a voice vote or roll
call vote taken, second motion DIES for lack of a second and no voice vote or
roll call vote was taken for this motion.
Council Member Traylor moved to amend Ordinance 1619 to read .75 mills
dedicated to Capital Improvement and Equipment. Council Member Mashburn
seconded the motion. Mayor Johnson announced that MOTION CARRIED by voice
vote with Council Member Ray, Twitty, and Smith voting NAY.
Council Member Traylor moved, seconded by Council Member Bolden to approve
Ordinance 1619 on FIRST READING and SUSPEND THE RULES and place Ordinance
1619 on SECOND READING as AMENDED. ROLL CALL: Council Member Elliott,
Bolden, Sansing, Mashburn, Traylor, and Collins voted AYE. Council Member
Ray, Twitty, and Smith voted NAY. MOTION FAILED.
Mayor Johnson questioned if this means that the Ordinance reverts back to how
it was written prior to the amendments.
Council Member Ray concurred.
Council Member Elliott clarified that it passed as written on first reading.
It was clarified that Ordinance 1619 failed to suspend the rules and be
placed on second reading.
Council Member Ray moved, seconded by Council Member Collins to approve
Ordinance 1619 on FIRST READING as written and SUSPEND THE RULES and place
Ordinance 1619 on SECOND READING.
Council Member Elliott stated that he still feels that Ordinance 1619 should
be dedicated to Capital equipment and construction.
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CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
OCTOBER 28, 2019
6:00 P.M. – 6:51 P.M.
Council Member Traylor asked Council Member Ray if his objection is because
of the amount or changing the fund.
Council Member Ray reiterated that he likes the Ordinance 1619 as written.
City Clerk Davitt asked for clarification whether the part of the previous
motion to amend passed.
Mayor Johnson stated that it passed to amend it, then it didn’t pass. Mayor
Johnson then pointed out that Council Member Traylor rescinded his amendment.
Council Member Elliott clarified that the amendment passed and could have
passed on first reading but not to suspend the rules and place on second
reading.
City Clerk Davitt concurred.
Council Member Traylor confirmed with Mayor Johnson that this has to be
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accomplished by October 31. He offered that it could be voted on to approve
first reading and we could come back tomorrow and try again.
Mayor Johnson asked City Attorney Friedman if we could act on the Ordinance
as is.
City Attorney Friedman concurred.
Council Member Mashburn asked Council Member Ray why it couldn’t be put under
Capital Improvement, noting that as written is limited.
Council Member Ray stated that he is concerned that it would cause problems
by adding to what we have.
City Attorney Friedman questioned if he was concerned about Robert’s Rules of
Order.
Council Member Ray concurred.
Council Member Traylor stated that if there was not room for discussion
regarding amendments it wouldn’t be in Robert’s Rules of Order.
City Attorney Friedman concurred, saying that amendments are allowed.
Mayor Johnson opened the floor to hear from Patrick Thomas.
Patrick Thomas stated that he wanted to remind everyone that last Thursday
night, Council Member Collins asked who wanted new taxes. He stated that it
would be deceptive to have had a meeting last Thursday night and no one
wanted any new taxes. He stated that it would be his suggestion that the
second Ordinance be voted down. He then added that the first Ordinance, from
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CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
OCTOBER 28, 2019
6:00 P.M. – 6:51 P.M.
the people he talked to, would be okay with the first Ordinance with one
exception. He stated that if you approve this to go into public safety, then
you have limited yourself to just public safety. He continued saying that if
you could put it in the General Fund so it can be used anywhere, then that
would be my suggestion. He stated that there is no doubt that the Police
Department needs pay raises, and it’s no doubt that it has already been
talked about that all City employees would like to have a pay raise. You are
making a political mistake as office holders in this community by now just
simply saying that we are going to put it in public safety.
Council Member Bolden clarified that this discussion is not about pay raises.
Mr. Thomas stated that he understands that, but he is just making an
observation. You are cornering yourselves by using the phraseology of “public
safety”. I think you should put it in the General Fund and then it is good
for everybody. Just like pay raises should be for everybody, this money
should be for everybody. If you will amend this so that it is not just
public safety but for everybody, I think the citizens will acknowledge that
as being a wise decision.
Keith Weber stated that as a citizen he would say – go for both mills but
promise that when the Internet Sales Tax comes in, lower the Sales Tax. When
you start getting that early million in reserves, bring the Sales Tax down
and get people to come to town and shop, be cheaper than Sherwood or Cabot.
In response to a question from Council Member Collins, Mayor Johnson stated
that the way Ordinance 1619 is written the Construction would have to have
something to do with public safety.
Council Member Traylor moved, seconded by Council Member Bolden to approve
Ordinance 1619 on FIRST READING as AMENDED.
Clarification requested Ordinance 1619 has passed with amendments on FIRST
READING but FAILED to be placed on SECOND READING.
City Attorney Friedman agreed that Ordinance 1619 has been approved on FIRST
READING as AMENDED.
Council Member Collins questioned that for this is to advance before the end
of the month are we coming back tomorrow.
Mayor Johnson stated that the other option would be to amend 1620 and pass
it.
Council Member Collins stated that he is pretty sure he seconded a motion to
remove the amendment.
City Attorney Friedman stated that the first one was 1.25 and .5. Mayor
Johnson stated that it went back to one mill .5 and .25 that was approved and
that is what we…
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CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
OCTOBER 28, 2019
6:00 P.M. – 6:51 P.M.
Council Member Bolden asked City Attorney Friedman to read Ordinance 1619 the
way it was just approved, so we all have the same understanding.
City Attorney Friedman stated that her understanding is that it went back to
.75 mills for Capital Improvement.
Council Member Bolden then confirmed with City Attorney Friedman that the
wording of “collected” was changed to “established”. City Attorney Friedman
concurred.
Mayor Johnson stated that if we did something with Ordinance 1620, then we
could talk about Ordinance 1619 on another day.
b. ORDINANCE 1620 (#27-2019)
AN ORDINANCE TO SET ADDITIONAL MILLAGE TAX RATES TO BE COLLECTED IN 2020 FOR
THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
Council Member Ray moved, seconded by Council Member Traylor to place
Ordinance 1620 on FIRST READING. ROLL CALL: Council Member Elliott, Bolden,
Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION
CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1620.
Mayor Johnson noted that Ordinance 1620 goes to the General Fund. He then
clarified that it is established not collected in 2020. He added that it is
collected in 2021 same scenario. He related that at some point we can come
back and kill 1619 if that is the consensus.
City Clerk Davitt requested a motion if it is the City Council’s desire to
change the wording in Ordinance 1620’s heading.
Council Member Bolden moved, seconded by Council Member Mashburn to change
the wording of “collected” to “established” in the heading of Ordinance 1620.
MOTION CARRIED.
Council Member Traylor stated that he would like the Council to consider
changing Ordinance 1620 from 1 mill to .5 mills designated for the General
Fund.
Mayor Johnson addressed Council Member Traylor who acknowledged he realizes
the risk.
In response to a question from Council Member Bolden, Mayor Johnson clarified
that the risk is the same with Ordinance 1619 without enough votes to place
Ordinance 1620 on second reading. It was clarified that if Ordinances 1619
and 1620 pass as amended it would be 1.25 mills. If Ordinance 1619 does not
pass and Ordinance 1620 does pass, then it would be .5 mills.
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CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
OCTOBER 28, 2019
6:00 P.M. – 6:51 P.M.
Council Member Sansing stated that we were discussing dropping Ordinance
1619, which would mean that the one mill tax for the Library just fall off
and we are talking about putting an additional one mill on 1620. He
questioned making Ordinance 1620 1.5 mill and just drop off Ordinance 1619.
We actually increase the total tax burden only .5 mills. He stated that the
millage rate affects how much we get back on the State Turnback for the
Internet Tax that we have not been getting a lot in. He added that he is not
prepared to go any higher than a .5 increase without us discussing and taking
off part of the general tax. He stated that when Tommy Swaim was Mayor and
we dropped off the 5 mill tax from the City, we did it in trade for a 1%
Sales Tax. He stated he does not mind working back that millage but not
without taking the 1% off, adding he is aware that is not the current
discussion. He said he is saying that if we can drop off 1619 and make 1620
1.5 mills for general funds and use it to set up the language for whatever we
need to, we can divide it up in that but just have one ordinance and maybe
simplify some matters.
Council Member Elliott stated that Council Member Traylor was suggesting a
total of 1.25 mills not 1.5 mills.
Council Member Sansing stated that he is proposing 1.5 mills. He added that
he believes with the shape of the General Fund, a half mill…, the Mayor’s
house is $15.00 dollars per year.
Mayor Johnson concurred.
Council Member Sansing said is saying get us something right now but if you
discuss going further, then we are going to have to trade a Sales Tax for it.
Council Member Traylor stated that he would support Council Member Sansing if
we would go .75 and .5 for a total of 1.25 mills.
Council Member Sansing stated let’s see which one goes.
Council Member Traylor added doing it in Ordinance 1620 and killing 1619, all
in one.
Council Member Sansing stated that he was thinking, just do it all in one,
let Ordinance 1619 drop by the wayside. He added take care of the business
of Ordinance 1620 tonight and see what the majority of the Council wants to
go with 1.5 or 1.25 mills.
Council Member Bolden stated that he could see dropping Ordinance 1619 and
going with Ordinance 1620 in the General Fund.
In response to a question from Council Member Bolden, Finance Director Cheryl
Erkel stated that if it is put in the General Fund it would be restricted
from Street, Sanitation Funds, or Shooting Range.
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CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
OCTOBER 28, 2019
6:00 P.M. – 6:51 P.M.
Council Member Sansing stated that the other Funds have their own
depreciation funds to fund them.
Council Member Elliott questioned if Council Member Traylor had made a motion
regarding Ordinance 1620.
Council Member Collins stated that there is an amendment currently for this
to be at the lower rate.
City Clerk Davitt stated that she is not aware of an amendment motion on the
floor.
It was clarified that the only amendment made and passed was to change the
wording in the heading of Ordinance 1620.
Council Member Traylor moved, seconded by Collins to amend Ordinance 1620 to
.50 mills to be dedicated to the General Fund. ROLL CALL: Council Member
Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, and Collins voted AYE.
Council Member Twitty, and Smith voted NAY. MOTION CARRIED.
Council Member Traylor moved, seconded by Council Member to APPROVE Ordinance
1620 on FIRST READING and SUSPEND THE RULES and place Ordinance 1620 on
SECOND READING as AMENDED. ROLL CALL: Council Member Elliott, Bolden,
Sansing, Ray, Mashburn, Traylor, and Collins voted AYE. Council Member
Twitty, and Smith voted NAY. MOTION CARRIED.
Council Member Traylor moved, seconded by Council Member Sansing to further
SUSPEND THE RULES and place Ordinance 1620 on THIRD AND FINAL READING. ROLL
CALL: Council Member Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, and
Collins voted AYE. Council Member Twitty, and Smith voted NAY. MOTION
CARRIED.
Council Member Ray moved, seconded by Council Member Traylor to APPROVE AND
ADOPT Ordinance 1620 as AMENDED. ROLL CALL: Council Member Elliott, Bolden,
Sansing, Ray, Mashburn, Traylor, and Collins voted AYE. Council Member
Twitty, and Smith voted NAY. MOTION CARRIED.
Council Member Ray moved, seconded by Council Member Traylor that the
EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Elliott,
Bolden, Sansing, Ray, Mashburn, Traylor, and Collins voted AYE. Council
Member Twitty, and Smith voted NAY. MOTION CARRIED.
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ORDINANCE 1620 (#27-2019) APPROVED AND ADOPTED THIS 28 DAY OF OCTOBER, 2019.
Mayor Johnson stated that the ½ mill has passed and Ordinance 1619 will be
brought back at a later date. He stated that he would find out all the legal
ramifications that can be done.
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CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
OCTOBER 28, 2019
6:00 P.M. – 6:51 P.M.
APPOINTMENTS:
UNFINISHED BUSINESS:
NEW BUSINESS:
ANNOUNCEMENTS:
ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at
approximately 6:51 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR BOB JOHNSON
City Clerk-Treasurer
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