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20 JUN 18 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2020 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 June 18, 2020 at the regular meeting place of the City Council. Planning Commission Chairman Mark Stroud delivered the invocation and Mayor Johnson led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Council Members: Sipes, Sansing, Ray, Traylor, Twitty, Smith, and Collins answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT SEVEN (7) ABSENT (2) ONE SEAT VACANT. Others present for the meeting were: City Attorney Stephanie Friedman, Public Works Director Jim Oakley. There were no members of the press present. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of May 21, 2020 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Traylor moved, seconded by Council Member Ray that the minutes of the regular scheduled City Council meeting of 23 April 2020 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Council Member Ray moved, seconded by Council Member Traylor to approve the Regular Monthly Report for May 2020 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/CODE ENFORCEMENT Councilman Ray moved, seconded by Councilman Traylor to approve the regular monthly report as presented for May 2019. Assigned Calls 40 Self-Initiated Calls 80 Follow ups 108 Structures Inspected 3 Meetings/Court Hearings 0 Rentals Inspected 0 Warnings Issued 7 Properties Red Tagged 0 Tickets Issued 0 Search Warrants Served 0 Notice/Letters written 124 Structures Rehabbed 0 Vehicles Tagged 4 Structures Condemned 0 Vehicles Towed 1 Houses Demolished by City 0 Lots posted 4 Houses Demolished by Owner 0 Signs removed 0 Parking Violations 0 Trash cans tagged 0 Grass Letters 66 Basketball Goals 2 Grass Mowed 50 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2020 6:00 P.M. – 6:26 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Council Member Ray moved, seconded by Council Member Traylor to approve the regular monthly report for May 2020 from the Jacksonville Fire Department, reflecting a fire loss of $6,500.00 and a savings total of $158,500.00. REGULAR MONTHLY/ENGINEERING DEPARTMENT Council Member Ray moved, seconded by Council Member Traylor to approve the regular monthly report for May 2020. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 15 Building Inspections 40 Business Licenses Electrical 33 Plumbing 41 HVACR 20 REGULAR MONTHLY REPORT/ANIMAL CONTROL Council Member Ray moved, seconded by Council Member Traylor to approve the regular monthly report for May 2020. ADOPTION FEES/FINES $ 455.00 CONTRIBUTIONS 0.00 TOTALS $ 455.00 ROLL CALL: Council Member: Sipes, Sansing, Ray, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: 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. PUBLIC HEARING ORDINANCE 1633 (#7-2020) AN ORDINANCE CLOSING AND VACATING A PORTION OF SWIFT AND SIG SAUER DRIVES; AND FOR RELATED PURPOSES. Mayor Johnson stated that the item of business is being pulled from the agenda pending some corrections to Ordinance 1633, mentioning the water and sewer easements. Mayor Johnson opened the public hearing at approximately 6:03 p.m. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2020 6:00 P.M. – 6:26 P.M. Mayor Johnson stated that the public hearing is regarding any comments from the public regarding the closing and vacating of a portion of Swift and Sig Sauer Drives. Council Member Sansing stated that Sig Sauer has recently received two very large contracts with the US Government, they are working hard for our Government and the City. He added “we should do what we need to – to facilitate them in any way possible.” Mayor Johnson stated that the Ordinance is being tabled because we did not put into the written portion, the water and sewer easements. Mr. Bond offered that the way the legal description is worded, it closes only the road, not any portion of the right-of-way. He stated that this should not affect any easements or utilities involved. Public Works Director Jim Oakley stated that he had stipulated that the easements be maintained. Mr. Bond noted that the City still owns all the property, there is a contract with Sig Sauer to purchase the property. Mr. Mike Wilson noted that when financing is satisfied, the property will belong to Sig Sauer. He then stated that there are still a few years left on the contract. Mr. Bond stated that when the contract is fulfilled is the time to deal with the easements. He added that in the meantime, regarding Sig Sauer’s expansion plans, some of these utilities will probably end up being relocated. He then answered Mayor Johnson that the easements are addressed in the memorandum issued by Mike Wilson, Chairman of the Jacksonville Chamber Foundation, Inc. He stated at the time of closing on the property with Sig Sauer, the easements would be further addressed. Discussion ensued and Mr. Wilson offered that if and when the City needs an easement for whatever purpose, it would be done. Mr. Bond pointed out that once the property is owned by Sig Sauer the easements would be on private property and would no longer be the responsibility of the Water or Sewer Departments. He reiterated that any other issues regarding the easements could be handled at closing. He then answered Council Member Traylor, that Sig Sauer is wanting to start working on the safe zones as required by their contracts with Government. It was further discussed and determined that the Ordinance to close and vacate the street would not impact the utility easements. It was also noted that a cooperative agreement is in place with Sig Sauer to facilitate any need regarding easement or Street Department access. Further noted by Mr. Bond was that Sig Sauer has agreed to build a new access for the Street Department as part of the agreement. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2020 6:00 P.M. – 6:26 P.M. Mayor Johnson closed the public hearing at approximately 6:14 p.m. Council Member Traylor moved, seconded by Council Member Sansing that Ordinance 1633 be placed on FIRST READING. ROLL CALL: Councilman Sipes, Sansing, Ray, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. City Attorney Friedman read the heading of Ordinance 1633 (#7-2020). Council Member Sansing moved, seconded by Council Member Twitty to approve Ordinance 1633 on FIRST READING and SUSPEND THE RULES to place Ordinance 1633 on SECOND READING. ROLL CALL: Councilman Sipes, Sansing, Ray, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Council Member Collins moved, seconded by Council Member Ray to further SUSPEND THE RULES and place Ordinance 1633 on THIRD AND FINAL READING. ROLL CALL: Councilman Sipes, Sansing, Ray, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Council Member Twitty moved, seconded by Council Member Collins to APPROVE AND ADOPT Ordinance 1633 in its entirety. ROLL CALL: Councilman Sipes, Sansing, Ray, 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: Councilman Sipes, Sansing, Ray, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. th ORDINANCE 1633 (#07-2020) APPROVED AND ADOPTED THIS 18 DAY OF JUNE, 2020. b. RESOLUTION 795 (#6-2020) Authorizing the City’s acceptance of assets and liabilities of the dissolving Jacksonville Medical Center, Inc. Resolution 795 (#6-2020) was not made available prior to the meeting and was withdrawn from the agenda by Mayor Johnson. c. Request to open Rental Property Enterprise Fund checking account This item was withdrawn from the agenda by Mayor Johnson. d. UPDATE Police Department Procedural Policies Interim Chief Hibbs stated that he is aware there have been lots of questions from the public, offering that he has fielded many of those questions and is now offering a procedural policy update for the City Council. Response to resistance: the policy defines what a vascular neck restraint is, which is a choke hold, neck restraint, neck pinning, anything that restricts blood flow or oxygen to the head from the neck. He stated that the Police Department does not teach neck restraints of any sort, they are not one of the tactics that our Officers have. He related that it was added to the 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2020 6:00 P.M. – 6:26 P.M. policy and it changes nothing that we do, we already do not do neck restraints. It will not affect our uses of force because many police departments around the Country do not touch the neck in the first place. He then related that another policy added covers anytime there is an officer involved shooting, an in-custody death, or any sort of critical incident; the Jacksonville Police Department will now notify the State Police as soon as possible following the incident. He explained that in the past, we have investigated our own shootings. He stated that the policy is already in practice but now it is being added as a written policy. He pointed out that this would not change the current procedure but will be in writing. CODE OF CONDUCT He stated that this addresses an officer not standing by while another officer is doing something that is considered excessive force for misconduct of any sort. He stated that they already had a policy called “Duty to Report”; and now this policy further defines the ambiguous language. He stated the wording added was “officers shall intervene to stop any officer from using excessive force. Intervention May be verbal and/or physical. Officers must immediately, or as soon as safety allows, notify the on-duty supervisor.” In response to a question from Council Member Collins, Interim Chief Hibbs will be the body to approve the policies. He went on to say that he is presenting them to the City Council prior to having them approved by the Civil Service. Mayor Johnson stated that he felt it was wise to have these policies in writing even though they are already in practice. Council Member Twitty thanked Interim Chief Hibbs, Mayor Johnson, and the Police Department for a job well done. APPOINTMENTS: BOARD OF ADJUSTMENT Council Member Traylor moved, seconded by Council Member Ray to approve the reappointment of Tanner Ruple for a term to expire 02/02/2023. MOTION CARRIED. PUBLIC COMMENT Mayor Johnson read the following statement from Brian Belvins: “Due to the most recent controversy involving Councilman Gary Sipes, I would like to request as a citizen of Jacksonville, that Gary Sipes NOT be reappointed to this or any position involving the City or decisions involve the City. His admittance in the squandering of funds involving the Police Department where he paid officers just because, should disqualify him.” 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2020 6:00 P.M. – 6:26 P.M. PLANNING COMMISSION Council Member Ray moved, seconded by Council Member Traylor to approve the reappointment of Gary Sipes for a term to expire 01/01/2021. MOTION CARRIED with Council Member Sansing and Collins voting NAY. ANNOUNCEMENTS: Mayor Johnson announced that Big Bang on the Range is th scheduled for July 4 at the Shooting Range. He then announced that he issued an executive order today in honor of Juneteenth. He read that it took two and a half years for the news of President Abraham Lincoln’s Emancipation Proclamation, issued in 1863 to reach Texas in June 1865 and is known as Juneteenth, the day that all Americans became free. He related that today he th announced that June 19 2020 will be known as Juneteenth Day in Jacksonville and the City will be closed for business. 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 6