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20 NOV 19 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2020 6:00 P.M. – 6:43 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 November 19, 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, Police Chief Brett Hibbs, Human Resource Director Charlette Nelson, Kirby Miraglia representing Wright, Lindsey, Jennings. Present in the audience were: IT Director Emily Osment, Parks and Recreation Director Kevin House, Finance Director Cheryl Erkel, Fire Chief Alan Laughy, Tommy Bond, and Leigh Ann Biernat representing Stephens. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of November 5, 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 Ray that the minutes of the regular scheduled City Council meeting of 15 October 2020 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Council Member Ray moved, seconded by Council Member Bolden to approve the Regular Monthly Report for September and October 2020 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/CODE ENFORCEMENT Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report as presented for and October 2020. Assigned Calls 38 Self-Initiated Calls 98 Follow ups 123 Structures Inspected 1 Meetings/Court Hearings 0 Rentals Inspected 0 Tickets Issued 3 Properties Red Tagged 0 Three Day Notice 111 Search Warrants Served 0 Seven Day Letter 80 Structures Rehabbed 0 Vehicles Tagged 42 Structures Condemned 0 Vehicles Towed 4 Houses Demolished by City 0 Lots posted 0 Houses Demolished by Owner 0 Signs removed 54 Parking Violations 9 Trash cans tagged 15 Grass Letters 43 Basketball Goals 2 Grass Mowed 101 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2020 6:00 P.M. – 6:43 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for October 2020 from the Jacksonville Fire Department, reflecting a fire loss of $102,000.00 and a savings total of $520,000.00. ROLL CALL: Council Members: Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: Informational: Purchase of a 6’ chain link fence for the Dog Park Parks and Recreation Director Kevin House presented three quotes, noting that the lowest quote from Bill’s Fence qualifies as a State Contract Vendor according to purchasing. He stated that if he is going to spend 22 thousand dollars without a sealed bid, he wanted the City Council to know and have an opportunity to ask questions concerning the process and the construction of the proposed dog park. He then answered Mayor Johnson that the dog park will be a large and small dog park with a dog wash station with water in the kennels for the dogs. He related that there would be a 6’ sidewalk leading from the pavilion that is currently located at the Recycling Center’s park to the entrance of the dog park. He noted that there would be a concrete area at the entrance, saying that he is planning additional amenities once the initial construction is completed. He informed the City Council that this project is funded through the A&P Commission. He answered Council Member Collins that it would be a black vinyl chain link fence, noting that it would match the fence that is around the Public Safety building. He then answered that all the quotes were for the same black vinyl fencing. PLANNING COMMISSION: COMMITTEE(S): Used Car Lot Committee (Council Member Mashburn) No committee report to present. GENERAL: a. Motion to accept the Audit as presented at the regularly scheduled City Council meeting of 11-05-2020 Mayor Johnson stated that he already has a motion and second he needs a voice vote. The voice vote was unanimously AYE to accept the Audit as presented on November 5, 2020. There was a unanimous AYE vote for the October 1, 2020 minutes. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2020 6:00 P.M. – 6:43 P.M. b. Public Hearing ORDINANCE 1644 #18-2020 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF CAPITAL IMPROVEMENT AND REFUNDING REVENUE BONDS FOR THE PURPOSES OF CURRENTLY REFUNDING THE CITY’S CAPITAL IMPROVEMENT AND REFUNDING REVENUE BONDS, SERIES 2015; FUNDING THE ACQUISITION AND EQUIPPING OF VARIOUS CAPITAL IMPROVEMENTS AND OTHER RELATED IMPROVEMENTS IN THE CITY; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. Mayor Johnson opened the public hearing at approximately 6:08 p.m. He offered his cell number for anyone zooming into the meeting to call with public comment. Leigh Ann Biernat representing Stephens informed the City Council that today they offered the franchise fee revenue bonds, those bonds in a par amount of $7,935,000 will be used to pay off the Series 2015 bonds and provide $2,000,000 in project funds. She explained that these are 20-year bonds final maturity of June 1, 2040 and the true interest cost is 2.28%. She pointed out that with the bonds being non-rated they were particularly pleased with that interest rate. She then informed the City Council that Kirby Miraglia with Wright, Lindsey, and Jennings is on Zoom and is available to answer questions. She stated that the request is to pass the Ordinance so they can lock in the interest rate and move to close the bond issue on December 29, 2020, at which time the project funds will be available and the Series 2015 bonds would be redeemable on January 8, 2021. Mayor Johnson closed the public hearing at approximately 6:10 p.m. Council Member Bolden moved, seconded by Council Member Sansing that Ordinance 1644 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 1644 (#18-2020). Council Member Sansing moved, seconded by Council Member Bolden to approve Ordinance 1644 on FIRST READING and SUSPEND THE RULES to place Ordinance 1644 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 Bolden to further SUSPEND THE RULES and place Ordinance 1644 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 Sansing to APPROVE AND ADOPT Ordinance 1644 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2020 6:00 P.M. – 6:43 P.M. Council Member Ray moved, seconded by Council Member Sansing 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. th ORDINANCE 1644 (#18-2020) APPROVED AND ADOPTED THIS 19 DAY OF NOVEMBER, 2020. b. ORDINANCE 1645 (#19-2020) AN ORDINANCE AMENDING THE 2020 FISCAL BUDGET; MAKING MODIFIED APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT AND THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES; COVERING GENERAL FUND OPERATIONS; AND, FOR OTHER PURPOSES. Council Member Bolden moved, seconded by Council Member Ray that Ordinance 1645 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 1645 (#19- 2020). Finance Director Cheryl Erkel related that normally if our revenues or expenditures go over 5% then we have to amend the budget. She explained that the main reason for amending the 2020 budget is because we are receiving the CARES Act Grant, which is more than 5%. She offered a list of additional purchases for 2020. Police Department – Body cameras, Riot helmets, batons, SWAT vests, Jackets, ID system, Drone with IPAD, License Plate Reader, cameras, Night vision, shredder, HDMI for training room, 2 Lenovo towers, CAD license, hand held radios, and two admin vehicles. Fire Department – hand held radios, burn building materials, air compressors for station 2 & 3, SCBA Air compressor and filling station, I PAD replacement for Engines and Ladder Truck, and turnout gear. Parks Department – weed eaters, trimmers, blowers, hedge clippers, 2 mowers, 2 trucks, replace carpeting in office area of Community Center, and install security system. IT – 20 laptops, and upgrade for Council Chambers. 9-1-1 – hand held radios, generator, headsets, 4 chairs, and a toaster oven. Courts – 3 filing cabinets, 2 scanners for IDs, Sanitizing fogger machine, 3 hand sanitizing stations, 3 laptops, a tablet, printer, and self-service kiosks. Animal Control – Security cameras and additional cleaning supplies. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2020 6:00 P.M. – 6:43 P.M. Transferring $700,000 to the Capital Equipment for computer and vehicle purchases in future years due to timing issues they were unable to be purchased this year. Council Member Traylor questioned if this is 100% paid by the CARES Act or is it a reimbursement and are the funds already here. Mayor Johnson said that it is probably overpaid. Finance Director Cheryl Erkel concurred, answering that the money has already been requested from the CARES Act, explaining that the City was able to submit what was paid for the patrol officers, their actual hours worked stst between March 1 and October 31 to cover our allotment of the CARES Act funds. Mayor Johnson added that they looked at buying things that we need. He cited for instance at the Courts, you hold out your hand and it reads your temperature and gives a printout before you go through the metal detector. He stated that it would be a lot of touchless stuff. Council Member Traylor confirmed if we are sure we are getting these funds, saying we are going to buy this and then be reimbursed? Mayor Johnson stated that they will send us the money no matter what. Finance Director Cheryl Erkel reiterated that she has already submitted for the CARES Act Grant using the Police Department actual hours worked since their normal duties have changed due to COVID. We were allowed to submit that information in order to get our reimbursement for that, so that means that the money that we normally would have spent on their salaries would go back into the budget to where we could purchase other things, which is what we are doing with that money. Council Member Traylor remarked so we are not getting additional money for this we are using money that would have been spent somewhere else for this. Finance Director Cheryl Erkel answered correct. Council Member Traylor confirmed are we sure that we do not have to pay back the CARES Act money. Finance Director Cheryl Erkel answered again, correct. It is not a loan. Mayor Johnson stated that it is a grant based on population and that sort of thing. He noted that you cannot get parts for the Fire Department’s radios. He confirmed with Finance Director Cheryl Erkel that the money should be here in December. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2020 6:00 P.M. – 6:43 P.M. Finance Director Cheryl Erkel stated that she has already submitted the paperwork and the payment request and is waiting for them to send the funds. Council Member Dietz questioned the amount each Department is receiving. Finance Director Cheryl Erkel stated that she does not have that broken down individually. Mayor Johnson stated that he met with each Department head to figure out what they need to keep their people safe and what we need to go forward because we have to purchase it this year. Finance Director Cheryl Erkel added that some of the items were put into their 2021 budget request and so it has been taken out of the 2021 budget since they will be purchased this year. She related that she would be sending another preliminary budget out tomorrow for review and then we can thst have a special City Council meeting on the 30 or December 1 to review so we can answer any questions on the budget and then it will be ready to be voted on the first meeting in December. Finance Director Cheryl Erkel then answered Council Member Collins that the City has an allotment that came from the Federal Government to the State and then to the City based on population. Council Member Sansing moved, seconded by Council Member Twitty to approve Ordinance 1645 on FIRST READING and SUSPEND THE RULES to place Ordinance 1645 on SECOND 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 Sansing to further SUSPEND THE RULES and place Ordinance 1645 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 Sansing moved, seconded by Council Member Bolden to APPROVE AND ADOPT Ordinance 1645 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. th ORDINANCE 1645 (#19-2020) APPROVED AND ADOPTED THIS 19 DAY OF NOVEMBER, 2020. APPOINTMENTS: SEWER COMMISSION Council Member Ray moved, seconded by Council Member Sansing to approve the appointment of Jerry Sanders to fill the unexpired term of Terry Vick to expire 4/20/2024. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2020 6:00 P.M. – 6:43 P.M. ANNOUNCEMENTS: Mayor Johnson stated there was a Supreme Court ruling regarding the half-cent sales tax for the I-30 crossing, adding that the funds have already been set aside, and has nothing to do with the half-cent sales tax, to expand 67/167 to three lanes through Jacksonville. He reiterated that the funds are already there, noting that he has been in contact with ARDOT. He then stated that actually Senator Bozeman has gotten us 50 or 60 million dollars toward that project and is working to get more funding. He related that this project is not going to stop as a result of the Supreme Court ruling, adding that they are still planning to do the I-30 crossing. DE-ANNEXATION of properties commonly referred to as the Bean Field Mr. Tommy Bond of Bond Engineering informed the City Council that next month the owners will submit a request to de-annex a portion of the old Dupree Farm. He referred to a map of the property, noting that there is about 626 acres involved. He related that only a small 80-acre tract touches any developed area and a small area around Oneida Street. He went on to say that a majority of the property is surrounded by undeveloped land and 100% of it is in the flood plain and floodway. He then demonstrated that the property outlined in yellow is the 600 plus acres belonging to Brad Medlock, adding that is all that is being involved in this detachment. He then confirmed for Council Member Traylor that the property does touch Oneida at one point. He pointed out on the map, a strip of property that was the original plan for the Northbelt Loop. He then noted another strip to the west that was an additional part of that, noting that it is actually Kellogg Creek. He noted a dam and lake as well as Lake Loraine in North Lake Subdivision, explaining that 400’ through there was a strip that was left out, set aside for the future extension of the Northbelt Loop. Mayor Johnson related that ARDOT actually owns the right-of-way through there to Oneida. Mr. Bond concurred, saying that ARDOT owns approximately 50 acres almost to Oneida, which is the strip in-between the two parcels. He then answered Council Member Traylor that the part that touches Oneida is right at the bridge because it is centered on Kellogg Creek, which is where the bridge is located. Mayor Johnson answered that the owner wants to deannex the property so they can hunt. Mr. Bond added that the property was brought into the City 25 or 30 years ago. Council Member Collins noted that the information received via email did not say why they wanted to deannex. Mr. Bond explained that he has not had any direct contact with Brad Medlock for several weeks and then last week there was a request from Hubert Alexander’s office for the legal description. He added then Council Member Smith asked him to come and speak to the City Council. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2020 6:00 P.M. – 6:43 P.M. Council Member Collins restated his question per Council Member Smith and she then answered that the purpose of deannexation is for hunting. Council Member Traylor related that he has had several people who were concerned that the City was going to allow people to hunt inside the City limits. Mayor Johnson added that he also has received emails and phone calls from citizens on Del Tara, Northlake Subdivisions, and Western Hills. Council Member Traylor recalled that we were all in agreement that we were not going to allow hunting inside the City limits. Mayor Johnson stated that there would still be a lot of hoops to jump through, noting that they would have to get the County Judge to sign. Council Member Traylor concluded that all the City is doing is passing the buck if we let them deannex, its saying we do not care if you hunt, when it is the same land. He related that if it is too close to a house then it is too close. Mayor Johnson stated that he would like to know how close it is to a house. Council Member Bolden noted that if it is close to Oneida then it is close to a house. Mr. Bond stated that he believes they can provide that information easily, adding that he believes that the upper corner of the 80-acre tract is on the western boundary of the subdivision Western Hills. He stated that it does have some proximity in that area and there would be additional proximity in the Oneida area as well as along another area he demonstrated on the map. He offered that it would be relatively easy to develop a legal description that would take those areas of concern out of deannexation. Council Member Traylor stated that it would be better if there was an overlay on Google maps to go along with the legal. Mr. Bond confirmed that they could easily do that. Discussion ensued as to what Pagis software could offer. He continued saying that he feels it would be easy to create some buffers in the areas where there are residences. Council Member Traylor issued concerns regarding the distance a rifle can shoot. Mayor Johnson added that if it were shotguns only and no long rifles, it would be a lot safer. Council Member Traylor pointed out that if the City should deannex then we would have no control over that. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2020 6:00 P.M. – 6:43 P.M. Mayor Johnson concurred, adding that he is unsure if the Game & Fish would do it, noting that there are some places where they do have certain regulations. Mr. Bond agreed that if you deannex the property, the City would lose control. Council Member Sansing related that with the proper buffer zones, the Game & Fish Commission would go in there and are good about implementing certain hunting rules for certain areas. He added that if they decide to allow deer hunting then they could restrict it shotgun only. Mayor Johnson related that he is not aware of how much power the County Judge has over that, because it would become County land if we deannex. Council Member Sansing stated that a duck hunting lodge would not hurt anything being deannexed with proper buffer zones away from the housing and they should be in good shape. Council Member Collins noted that there is a large enough area that they could set up a small artillery in the area. SPECIAL MASK demonstrated by Council Member Bolden Council Member Bolden demonstrated a special mask that was purchased for his church choir that do not muffle the voice. He stated that the masks have been a great tool for singing. Mayor Johnson stated that he is considering those for the City Council members if we are going to try to meet in person once the new equipment is installed. He then confirmed with Council Member Bolden that the masks are $32.00 each. Council Member Bolden noted that each mask comes with a filter. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 6:43 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 9