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20 DEC 03 REGULAR CITY COUNCIL MEETTING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in regular session on December 3, 2020 at the regular meeting place of the City Council. Council Member Bolden delivered the invocation and Mayor Johnson led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: City Council Members: Dietz, 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 (0) ONE SEAT VACANT. Others present for the meeting via Zoom were: City Attorney Stephanie Friedman. Present in the audience were: Finance Director Cheryl Erkel, Police Chief Brett Hibbs, Human Resource Director Charlette Nelson, and Fire Chief Alan Laughy. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of November 19, 2020 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Bolden moved, seconded by Council Member Sansing that the minutes of the regular scheduled City Council meeting of 5 November 2020 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: COMMITTEE(S): Used Car Lot Committee (Council Member Mashburn) No committee report to present. GENERAL: a. ORDINANCE 1646 (#20-2020) AN ORDINANCE BY THE CITY OF JACKSONVILLE, ARKANSAS CALLING FOR THE DETACHMENT OF LAND CURRENTLY LOCATED IN JACKSONVILLE, PULASKI COUNTY ARKANSAS, PURSUANT TO ARKANSAS CODE ANNOTATED §14-40-1801. Council Member Bolden moved, seconded by Council Member Ray that Ordinance 1646 be placed on FIRST READING. ROLL CALL: Council Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. MOTION CARRIED. Whereupon city Attorney Friedman read the heading of Ordinance 1646. It was noted that representing and present by Zoom is Allison Allred and the landowner Brad Medlock. Council Member Sansing related that he went to Bond Engineering to view a more detailed map of the property, noting that Tract 5, close to Oneida, has been taken out of the request and the other Tracts have been moved back into Bayou Meto. He stated that the original request of 680 acres has been decreased to 580 acres, which is the core of the area within the hunting zone. He added that he feels this would be very safe for hunting since it has been brought in and away from the housing area. Council Member Collins recalled that when this was first considered in February, there were some issues that were brought up by residents in the area. He related that they had wanted to make sure that there was not a commercial recycle put on the land after being deannexed and that there was not a Federal schedule one chemical or substance facility on the property. He then stated that he believes it would appear more amenable to the County if the owner's name was mentioned in the Ordinance, appearing more like a joint agreement. Council Member Smith confirmed that the amended Ordinance omits Tract 5 and the 80 acres that adjoins the Western Hill Subdivision has also been omitted. Mayor Johnson confirmed with owner Brad Medlock that he is proposing to restrict the hunting to shotgun and bow hunting. Council Member Traylor stated that he would like to have a better map image to view. He then added that he would also like to know what are the reassurances that next year after being deannexed the owner would not change his mind and allow rifles. Mayor Johnson stated that he is not aware if the County Judge can make that restriction. Council Member Traylor stated that he would like to have those answers before the Ordinance is approved on three readings. Mayor Johnson stated that he believes we need to keep the Ordinance on first reading tonight and maybe have some amendments as well as meet with the County Judge to see what he can do to help us. Council Member Ray stated that he would like to hear from the Game & Fish warden also. Council Member Traylor reiterated that when it returns before City Council he would like to have a good map offering exactly the area that is being deannexed. Mayor Johnson offered that Mr. Bond should be able to provide a PDF by email or a printed copy. Council Member Smith noted that Chief Hibbs could address any safety concerns regarding the bow and shotgun hunting. Chief Hibbs stated that he does not have any concerns. He then added that he took a tour of the property and saw duck lines, explaining that his only concern would be the use of rifles, noting that there are certain directions you could not shoot a rifle. Mayor Johnson announced that the Ordinance would return to City Council with further information. b. ORDINANCE 1647 (#21-2020) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS FOR THE PURPOSE OF EMERGENCY DRAINAGE REHABILITATION PROJECT ON HILL STREET; AND, FOR OTHER PURPOSES. Council Member Bolden moved, seconded by Council Member Ray that Ordinance 1647 be placed on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. City Attorney Friedman read the heading of Ordinance 1647 (#21-2020). Public Works Director Jim Oakley explained that when they opened the trench and began removing the old pipe, they ran into some saturated ground water with sandy soil, and we had a lot of cave-ins. He related that regarding the safety of losing home foundations, we had to rent some large equipment and some shoring. Council Member Bolden moved, seconded by Council Member Ray to approve Ordinance 1647 on FIRST READING and SUSPEND THE RULES to place Ordinance 1647 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Collins to further SUSPEND THE RULES and place Ordinance 1647 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Bolden to APPROVE AND ADOPT Ordinance 1647 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Bolden that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. ORDINANCE 1647 (#21-2020) APPROVED AND ADOPTED THIS 3rd DAY OF DECEMBER, 2020. c. ORDINANCE 1648 (#22-2020) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2021; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENT OF CITY GOVERNMENT; FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES COVERING GENERAL FUND OPERATIONS, STREET FUND, EMERGENCY MEDICAL SERVICES FUND, SHOOTING RANGE FUND, AND SANITATION FUND; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Bolden that Ordinance 1648 be placed on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. City Attorney Friedman read the heading of Ordinance 1648 (#22—2020). Council Member Sansing stated that the person being proposed to be hired be designated the Assistant City Clerk and primarily work for the City Clerk and do a little for someone else. He stated that he does not like the idea of abandoning the Assistant City Clerk position knowing you will have people that would be out for vacations, or medical leave. He stated that he believes it would be a wise move to make sure that the office stays completely open and fully staffed and have an Assistant City Clerk learning the job and being available for citizens. He stated that City Clerk Davitt was very honest in explaining that there is too much work for one person. Council Member Traylor stated that he does not think the person needs to do other things or sit in the lobby. Council Member Smith stated that if the new employee is going to be working the front door desk as the Assistant Deputy Clerk is she going to have a computer to do that work? When will she be in the office of the City Clerk. Mayor Johnson stated that she will have a computer in the office of City Clerk as well. He then explained that the phone will ring to her and when the City Clerk needs her in the office she can go in there and someone else will man the front desk. Council Member Smith questioned if the employee would have to time to train to be the Deputy Clerk if they are working the front desk. Mayor Johnson stated that they would have to train for a while and then man the front desk. He added that we know that is going to be a problem and she cannot learn it all in a week. I know that there is a lot that needs to be done, and my goal is to make sure that we take care of the City Clerk and help her anyway we can. I am not opposed to Assistant City Clerk being the title of this person and the number one duty is doing whatever Susan needs done. He added that there will be times that she cannot be at the front desk somebody else will have to be there. Council Member Twitty questioned if when COVID is over would this person go into the City Clerk' s office full time, pointing out there has always been two full time people in that office. Why would we change it? Mayor Johnson replied I think we need to address it, but I don't have a real bad problem with that so yes that is a possibility. Council Member Twitty questioned why every Department take a turn working the front desk. She then pointed out that every Department has more than one person, leaving that Department with just one person in it all the time is not right. When the citizens call that is who they call. Mayor Johnson stated that we may not have that desk forever and yes they would move into the City Clerk's office. Council Member Ray stated I agree, it would still be a part—time person because the City Clerk's office is the first contact for any resident of the City and anybody outside the City, any businessman that comes into the City for information for whatever they may need. The City Clerk's office is the first contact, and it needs to be manned all the time and that person has to be trained and be a full—time employee because a part—time employee cannot maintain that. I think that position should be full—time just as it is now. Mayor Johnson stated that it will be full—time. Council Member Bolden stated that Susan needs to perform without her stressing. Mayor Johnson added that is his main concern also. Council Member Bolden stated that in regard to what happens after COVID with someone at the front desk, he related that during the prior administration, he recommended that we have someone at the front door all the time. He added that he also recommended the cameras that were recently installed because our City Hall is too wide—open. I have always recommended that somebody be out there sitting, preferably a police office or someone like that. He concluded saying we need someone at the front door at all times. Mayor Johnson stated that he has even considered a security service, saying that all those options are up in the air. He then added that he does want to make sure the City Clerk's office gets done what Susan needs. Council Member Traylor stated that in regard to the way the budget is setup, it needs to be re—looked at, a person needs to go back into the City Clerk's office as part of their budget and we need to find another way to man the front desk. Council Member Twitty agreed. Council Member Traylor reiterated that person needs to be in the City Clerk' s office and in that part of the budget. He stated that the front desk needs to be funded as a part—time person to see if it is going to work in the event you later decide to go with contract security personnel. He said let's find out what we want before we fill the job. Council Member Bolden stated that his main goal is to make sure that the City Clerk's office is taken care of, adding that vision is vision but practical application is where the trouble comes in. Mayor Johnson stated that he may have to bring another ordinance to the Council adding a position to do that if it doesn't work. Council Member Sansing said primarily stating that the person is the assistant City Clerk does not eliminate that position because that will be the main thing for the City Clerk, they may pick up some other duties, they still work for the City Clerk. Council Member Traylor stated that it is a lot easier to have someone at the front desk from a four—person department than it is from a two-person department, when there is only two, and one is out front that means there is only one. He added that would be making it very thin in that department. Council Member Collins noted that if the City is going to add a position it would increase the appropriation, but if we are not adding a position we are simply reshuffling, it would not change the appropriation. Council Member Bolden concurred saying that we can still vote on the budget. Council Member Mashburn stated that she does not believe we need to be taking this extra person for the front door from the City Clerk office. I think we need to look at it from a different department that has more people. There is only two people in the City Clerk's office and they cannot get done what they have now. So my recommendation is to take it from another department with more people or hire another person like Council Member Traylor suggested. Mayor Johnson asked Finance Director Cheryl Erkel for any comments. In response to a question from Council Member Collins, Mayor Johnson responded that a contract person for the front door would costs approximately $18 .00 per hour /$35,000 annually. Council Member Sansing questioned if the cost could come from the COVID funds. Mayor Johnson stated not if it is going to be full—time./ Council Member Traylor noted that full time annually the costs would be $37,440.00. He noted that this would not have the costs of any other benefits such as insurance, retirement or workmen's compensation. Council Member Sansing noted that the whole reason for the person at the front door is because of COVID so it would be a COVID expense. Mayor Johnson replied that the City does not get any more COVID monies. Finance Director Cheryl Erkel related that the job duties for the person at the front desk, we had taken the Deputy City Clerk position and all of the duties that were listed for that person and then added items to that list, and we asked Susan for any other duties that she would like for that person also perform to help her. So we were trying to help Susan get all the jobs done that needs to be done for the City Clerk's office. The front desk will have a scanner, and they will have access to a printer, so they will be able to do all those jobs at the front desk in front of the front door. The phone can be transferred from the City Clerk's office to the front desk, where they can be answering all of the phones for the City residents or anyone who calls into City Hall. That way that person, if someone needs to speak to Susan then that person can transfer the call to Susan. Susan would not be interrupted by just miscellaneous calls and having to transfer to other people. She added that the person would also have a Notary so therefore, Susan would not have to stop whatever she is doing to notarize paperwork. It can be done at the front desk. And as far as money coming in, whoever is sitting at the front desk can give one of my ladies a phone call and they can meet them over in the City Clerk's office behind the petition, and one of my ladies can actually do the receipting, so that the front desk does not have any cash out in the open. It is still safe and so that is how we envision this position to be at the front door. Mayor Johnson added that he has said all along that he wants to make sure that whatever Susan needs done, gets done. City Clerk Davitt noted that Human Resource is a two—person office and if it as workable as you say then why is Director Charlette Nelson wanting her person back from working the front desk. She stated that it is not workable. She continued saying that it is hard on any office with two people. Human Resource Director Charlette Nelson stated that it has been very hard on Human Resource especially because we have 300 plus employees to take care of, and where she is sitting at the front door, it is hard for me and her to take care of what we need to take care of in the office. She stated that Council Member Traylor said it best, that City Clerk's office is the face of City Hall, that is where you come to get all your information from. If we do that, that person can sit at the front desk and still work Susan. We have asked her to give us job duties and still work for Susan and still be the face of City Hall. City Clerk Davitt said that it is hard on any two-person office to lose a presence in the office. Human Resource Director Nelson stated that she understands. Mayor Johnson stated that they will rename the position and figure it out. Council Member Twitty stated that she has heard everyone speak about doing what is best for Susan and that Department, adding that what is best for Susan in that Department is not leaving Susan in the Department alone. It is not taking a person and giving them the title of Deputy Clerk and putting them at the front desk like information booth. She stated that there is no other Department that only has one person in it, it would not be good or wise for us to make that decision. She related either hire someone to work the front door until COVID is over or every Department take turns to do it. Mayor Johnson acknowledge that it would not change the budget either way. Council Member Traylor questioned if it would not change the budget by what Department the monies are appropriated to? He stated that he wanted it to be in the budget that way. Finance Director Cheryl Erkel stated that the ordinance just has the General Fund revenues and the General Fund disbursements according to the different functions, adding that Finance and City Clerk's office is both in the General Administrative section so it doesn't change anything as far as the ordinance. She stated that when the final document is printed it will show that it is back in the City Clerk's office instead of the Finance Department. Council Member Mashburn stated that she believes the front desk should be in a Department by itself and not attached to the City Clerk's Department or any other Department in City Hall, like a security guard type of function. Council Member Ray stated that he would seconded this. Finance Director Cheryl Erkel then answered Council Member Ray that she has $700,000 transferred over to Capital Equipment. Mayor Johnson stated that it would be a month before anyone is hired, adding that they would have to train with Susan for a long period of time, so they will not be out there anytime soon. Council Member Bolden stated that as City Council members we have no say so but they can make a recommendation. Council Member Sansing reiterated that the person should be known as the Assistant City Clerk and that is their primary job. Mayor Johnson stated that he would not disagree with that/ Council Member Twitty stated that she needs to be in the City Clerk's office, not sitting at the front desk and they need to answer to Susan if that is who she works with and that is who is going to be training her. Council Member Ray agreed. Council Member Bolden cautioned using gender based identification. Mayor Johnson stated I think we heard Human Resource Director Nelson and Finance Director Cheryl Erkel and I have heard what you are staying and we understand that having a one—person office would be impossible. Council Member Traylor stated that he understands everyone is saying it does not matter because it is just the appropriations, but I have one question. He pointed out that in the detail of the budget, there is a $350,000 operating transfer for Capital Equipment. He stated that he would like to see that made a $320,000 transfer for Capital Equipment and the $30,000 difference be put into the Mayor account to hire a temporary employee and put Susan's person back into the budget under City Clerk. Council Member Dietz, Ray, and Twitty concurred. Human Resource Director Nelson stated that with a temporary agency they will charge the City 60% overhead and we cannot afford a 60% overhead to get a temporary. Mayor Johnson stated that it does not have to be a temporary agency it could be a security guard. Council Member Traylor noted that with a temp, the City does not pay additional cost of insurance, FICA, or matching retirement. He added that there are a lot of expenses that go with our City employees that we would not be paying if we went through a security agency. Human Resource Director Nelson replied that it is still a very large overhead with that temp. She said we have tried, so I don't think we can afford to do a temp if that is the case. Council Member Traylor stated that he can appreciate that but he is saying that we take $30,000 we put it into the Mayor's account for him to use as he wants, to use a temporary or whatever. He stated that you can come back in May and if COVID is still going strong and you want to make it a full time position then we can look at it then. I would rather see it put back into the budget that way. Council Member Mashburn stated that she agrees. Council Member Ray and Twitty reiterated their concurrence. Mayor Johnson asked and Finance Director Cheryl Erkel responded that this would not cause any problems. He confirmed with Finance Director Cheryl Erkel that the City Council could pass the budget with these recommendations. Council Member Twitty clarified that the recommendations to go along with passage of the budget is to give the Mayor $30,000 in account to man the front desk and a Deputy Clerk would be hired to work in the City Clerk's office. Council Member Ray moved, seconded by Council Member Sansing to approve Ordinance 1648 on FIRST READING and SUSPEND THE RULES to place Ordinance 1648 on SECOND READING. ROLL CALL: Council Member Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, Collins, and Dietz voted AYE. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Ray to further SUSPEND THE RULES and place Ordinance 1648 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Ray to APPROVE AND ADOPT Ordinance 1648 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Sansing that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. ORDINANCE 1648 (#22-2020) APPROVED AND ADOPTED THIS 3rd DAY OF DECEMBER, 2020. Mayor Johnson stated that his goal for next year is to have the budget ready earlier so they can have a third meeting regarding the budget. d. ORDINANCE 1649 (#23-2020) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE , ARKANSAS, FOR THE PURPOSE OF PURCHASING NEW RADIO EQUIPÈŒNT AND ACCESSORIES FOR JACKSONVILLE FIRE, DISPATCH, AND POLICE DEPARTMENT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES . Council Member Bolden moved, seconded by Council Member Ray that Ordinance 1649 be placed on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. City Attorney Friedman read the heading of Ordinance 1649 (#23-2020). Mayor Johnson stated that we have all the COVID money, we listed things out there and one of them is our radios because they cannot be fixed, you cannot get parts for them. We need to waive competitive bidding because we have to get it done, we need to spend that money by the end of the year. He stated that this is the kind of system they want. He then confirmed with Chief Laughy that he obtained the lowest bid he could. Council Member Ray asked if the Fire Chief ever got a City vehicle. Mayor Johnson replied that he got a Tahoe. Council Member Bolden moved, seconded by Council Member Ray to approve Ordinance 1649 on FIRST READING and SUSPEND THE RULES to place Ordinance 1649 on SECOND READING. Council Member Sansing questioned, since most of the products are Kenwood, will they be just as reliable as Motorola. He noted that the Motorola data was included for comparison, noting that there is a $200,000 difference, which might be just for the name. Chief Laughy stated that he feels the product is just as good as the Motorola brand. He then stated that the quote of $539,372.78 from Motorola just for the Fire Department is more than the quote that they got for Dispatch, Police and Fire all together. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Council Member Sansing moved, seconded by Council Member Bolden to further SUSPEND THE RULES and place Ordinance 1649 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Ray to APPROVE AND ADOPT Ordinance 1648 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Sansing that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. ORDINANCE 1649 (#23-2020) APPROVED AND ADOPTED THIS 3rd DAY OF DECEMBER, 2020. APPOINTMENTS: ANNOUNCEMENTS: Mayor Johnson announced the he heard from former Mayor Reid and he wanted to say how happy he is that Unity is buying our Hospital and how proud he is of the Hospital Board and the work that we have done to get cleared out. Mayors Fletcher and Swaim are both on the Hospital Board. He stated that it is exciting for Jacksonville to have a hospital coming in of that quality. He said it will be something that we will be proud of for many years to come. He added that it is going to help our City grow as we would like it to grow and it will save miles for our EMS. He noted that both of the hospitals that we use are crowded with long waits in the emergency rooms. Council Member Collins stated that he is real proud of the blood, sweat and tears that Mayor Johnson put into getting it done. Mayor Johnson stated that we are going to very pleased, they are a very nice group of people. He then announced that the Christmas Parade would be Saturday, explaining that it is a reverse parade. He stated that this is the only way to control the crowd and the spread of COVID. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 6:55 p.m. MOTION CARRIED. Respectfully, / Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer