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20 OCT 01 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2020 6:00 P.M. – 6:29 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 1, 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, and Collins answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. Council Member Smith appeared to be present via Zoom but I was unable to hear her response to roll call. PRESENT EIGHT (8) ABSENT (1) ONE SEAT VACANT. Others present for the meeting via teleconference were: City Attorney Stephanie Friedman, Police Chief Brett Hibbs, Human Resource Director Charlette Nelson. Present in the Audience were: Jay Whisker and Fire Chief Alan Laughy. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the special City Council meeting of September 17, 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 special scheduled City Council meeting of 13 August 2020 be APPROVED. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Ray that the minutes of the regular scheduled City Council meeting of 20 August 2020 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for August 2020 from the Jacksonville Fire Department, reflecting a fire loss of $15,000.00 and a savings total of $1,008,000.00. ROLL CALL: Council Members: Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, 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. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2020 6:00 P.M. – 6:29 P.M. GENERAL: a. RESOLUTION 801 (#12-2020) A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JACKSONVILLE, ARKANSAS TO UTILIZE FEDERAL-AID FUNDS FOR THE FOLLOWING CITY OF JACKSONVILLE PROJECT. Council Member Ray moved, seconded by Council Member Bolden to read Resolution 801 (#12-2020). MOTION CARRIED. Mr. Jay Whisker of McClellan Engineers explained that Resolution 801 is regarding a grant that was submitted to Metroplan. He noted that the application was submitted and Metroplan offered some recommendations. He then explained that the grant is based on points, the point values increase if you add bike lanes, bus stops, etc. He related that following the recommendations a bike lane was added to the project. He then offered that if it is ever decided to widen West Main Street to 4 lanes, the City will have 5’ of pavement already available. He stated that this project would add roadway for the event of a later date. He then recounted that this project was looked at back in 2008, regarding the straightening of West Main Street and attaching the sidewalk that is current in front of the Church and bringing it to the sidewalk at Western Hill Subdivision. He then noted that there is a flooding spot just east of Fair Oaks Subdivision that will be raised during the construction of the project. He stated that West Main would be out of the floodplain, be straightened and sidewalk attached. Mayor Johnson noted that the grant from Metroplan would be an 80/20 match using Federal Funds. Council Member Traylor clarified that Resolution 801 offers approval to apply for the grant. Mr. Whisker stated that it is to apply for the grant, adding that currently it is listed out with total the points, hopefully Jacksonville will make the list. Mayor Johnson noted that Jacksonville turned in two projects and Metroplan called and said that the straightening of West Main looked to be the most doable. He then related that the other project was to raise West Main, get rid of the one-lane bridge and raise a little bit of Oneida so that there would not be flooding in that area. He stated that they will work on that to make it more acceptable next time. Council Member Twitty questioned how long it would take. Mayor Johnson then questioned how long it would be before the City is notified. Mr. Whisker stated that it is based on a point system, adding that he believes it will be an easy tally. He stated that when the Metroplan Board meets they will make the decision, adding that they will probably know in two months. He then stated that the construction of the project would take approximately 6 months depending on weather. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2020 6:00 P.M. – 6:29 P.M. Mayor Johnson noted that it would not interfere with any traffic flows until it is connected to the two roads. Mr. Whisker stated that the construction would be a lot easier being in a field and not having to handle traffic. Mayor Johnson asked that City Attorney Friedman read the Resolution. Following no audible response, Mayor Johnson remarked that he could see City Attorney Friedman was on Zoom. He called for her again to read the Resolution but there was no audible response. Whereupon Council Member Ray read the heading of Resolution 801. Council Member Sansing moved, seconded by Council Member Bolden to approve and adopt Resolution 801 (#12-2020) in its entirety. MOTION CARRIED. b. ORDINANCE 1640 (#14-2020) AN ORDINANCE ADOPTED PURSUANT TO ACT 681 OF 2019, APPROVING THE APPLICATION BLADE & BARREL, INC. FOR A MICROBREWERY-RESTAURANT PRIVATE CLUB PERMIT TO BE LOCATED AT 140 JOHN HARDEN DRIVE, SUITE 18, JACKSONVILLE, PULASKI COUNTY, ARKANSAS. Council Member Bolden moved, seconded by Council Member Sansing that Ordinance 1640 be placed on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, and Collins voted AYE. Council Member Smith’s name was called but there was not audible response. City Clerk questioned if she was on Zoom and Mayor Johnson stated that he did not think so. MOTION CARRIED. Mayor Johnson called to City Attorney Friedman to read the heading of Ordinance 1640 (#12-2020) and again there was no audible response. He asked City Clerk Davitt to read the Ordinance. Whereupon City Clerk Davitt read the heading of Ordinance 1640 (#12-2020). Mayor Johnson explained that back when Blade & Barrel first started there was a different ABC Director and a different ABC attorney, so now the new ones say they need the wording in this Ordinance to allow Blade & Barrel to have their permit to start brewing. He then added that they will meet before our next City Council meeting so I offered to go ahead and try to get that approved for them, so they can start brewing. He suggested everyone go by and check out the location, saying that it is a really nice facility. Council Member Twitty questioned the wording of restaurant. Mayor Johnson stated that they are going to serve lunch. Council Member Twitty questioned if Blade & Barrel is setup to be a restaurant. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2020 6:00 P.M. – 6:29 P.M. Mayor Johnson offered yes, saying that they are going to serve pizza. He then stated that was one of ABC’s requirements. He then related that the Fire Marshal and Engineering Inspector Manny Browder have been working with Blade & Barrel to make this happen. He then added that Blade & Barrel has also worked out a deal with Minute Man, if you order from Minute Man they will deliver to Blade & Barrel. Council Member Bolden moved, seconded by Council Member Sansing to approve Ordinance 1640 on FIRST READING and SUSPEND THE RULES to place Ordinance 1640 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, and Collins voted AYE. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Ray to further SUSPEND THE RULES and place Ordinance 1640 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, and Collins voted AYE. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Sansing to APPROVE AND ADOPT Ordinance 1640 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, and Collins voted AYE. MOTION CARRIED. st ORDINANCE 1640 (#12-2020) APPROVED AND ADOPTED THIS 1 DAY OF OCTOBER, 2020. Main Street to Vandenberg Blvd. widening Mayor Johnson informed the City Council that Arkansas Dept. of Transportation is proposing to buy a small strip of land on John Harden, using our vacant lot owned by the City for a staging area or other purposes. He stated that ARDOT is paying us a fair market value for the parcel. Council Member Bolden moved seconded by Council Member Mashburn to allow the Mayor to sell property to be used by the Arkansas Highway Department in the widening of Main Street to Vandenberg Blvd. project. MOTION CARRIED. Mayor Johnson then related that most of the land in that area is owned by the Hospital Board and there is one lot next to the dialysis place in the area of tropical smoothie. UNFINISHED BUSINESS: A VOTE ON A PRIOR MOTION Mayor Johnson reminded the City Council that at the last meeting Council Member Mashburn had made a motion and then following discussion had commented “I guess that makes it a mute”, adding that he took it as her withdrawing her motion. He asked if she is officially withdrawing her motion. Council Member Mashburn stated that she is officially rescinding her motion. She then stated that she would also like to make another motion for a vote of “no confidence” against Council Member Smith, citing corruption in public office by abuse of public trust, the use of deception to attempt to influence the public. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2020 6:00 P.M. – 6:29 P.M. Council Member Sansing seconded the motion. City Clerk Davitt asked for a copy of the motion read by Council Member Mashburn and requested that the Council Member who seconded the prior motion needs to rescind his second. Council Member Collins stated that he was the second to the prior motion. He officially rescinded his second to the prior motion to call for the resignation of Council Member Smith. Mayor Johnson called for a voice vote. Council Member Traylor asked for clarification. Mayor Johnson stated that there is a motion for a vote of no confidence on Council Member Smith. Council Member Ray asked for a roll call vote. Council Member Twitty stated that she would like to hear the reason why. City Clerk Davitt restated the motion as read by Council Member Mashburn. Council Member Twitty stated that she does not understand and needs an explanation. Council Member Mashburn stated, “I can. You have to look at it, we have been letting her slide on so many things and I let her slide. But, it has come to the point that it has been negative and I know that this is negative to the City and it’s wrong and we need to stop it. She is using her Council seat to influence the public and some of the Council members. I know this, I have seen it first-hand.” Council Member Twitty stated, “I still don’t know what you are talking about when you say she influences the Council? To do what?” She continued saying that it would have to be explained if she is going to have to vote, “I need to know what I am voting on.” Council Member Mashburn said, “Okay, what is the first thing she did when she got up here, Mary? She sued to get Herweg off, the next thing she did, what is the next thing she did? You know. She dragged you into a public meeting.” Council Member Twitty responded saying, “No, she didn’t drag me into that.” Council Member Mashburn added, “She had your name in it.” Council Member Twitty stated, “No, I was there for the fireworks meeting, nobody put my name in that. My accusers put me in that, which found out later they were wrong and they apologized, so no she didn’t put my name in that because I was here for a meeting with…” 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2020 6:00 P.M. – 6:29 P.M. Council Member Mashburn stated, “Well I do have the vote of no confidence.” City Clerk Davitt stated, “The same for me, I would like to state publicly, I was not invited to that meeting, I got pushed into it.” Council Member Mashburn added, “She tried to get a person, Lance Dulaney on the Council for the same thing she sued Herweg for, and she knew that he had a record but yet she…” Council Member Twitty stated, “How do we know she knew it – did you talk to her?” Council Member Mashburn stated, “I talked to Lance Dulaney.” Council Member Twitty questioned, “Did Councilman Smith know that he had a record is what I am asking.” Council Member Mashburn stated, “I have no idea if she knew or not.” Council Member Twitty, “But, you just said she knew he had a record.” “Did she know it? Did you ask her?” Council Member Mashburn stated, “Lance said she did.” Council Member Twitty repeated, “Lance said she did?” Council Member Mashburn, “Yes he did.” “I’m sorry you are having such a hard time with this but…” Council Member Twitty, “No, you’re asking to make a vote on something and I need to know what I am voting on. I don’t want to just pass a vote, yea or nay for something if I don’t understand what you are saying.” Council Member Mashburn stated, “A no confidence vote.” Council Member Twitty, “So you are saying that she knew about Lance’s record?” Council Member Mashburn, “I’m saying that she is determined to cause mayhem up here on this Council, if you have not seen that, then I don’t know what I can tell you. I can sit here and go through one page after the other, but if you can’t see with your own eyes, then there is nothing I’m going to do to convince you of that. Council Member Twitty, “There has been a lot going on up here, it isn’t just one person, it’s been a lot. Thank you for explaining it, I was just wondering.” Mayor Johnson stated that City Attorney Friedman said the volume is not on so she is not able to talk. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2020 6:00 P.M. – 6:29 P.M. Mayor Johnson asked for any further discussion. Council Member Traylor questioned if there is not another agency, if she is doing something wrong, would take care of that? Mayor Johnson stated, “I don’t know. Municipal League, you would have to talk to them. I don’t think she has broken any laws.” Council Member Sansing stated, “This is just a Council censure, do you believe she is working in the best interest of the City or not? Based on the evidence I’ve seen and a possible upcoming lawsuit that she has involved herself in…” Council Member Twitty, “What is that?” Mayor Johnson, “We don’t want to talk about that, we can’t talk about that.” Council Member Sansing, “Okay, we can’t talk about that, but she has been involved in that too, so…” Council Member Traylor, “Once again, this goes back to the last one, where I still do not feel it is our… Just like last meeting we had when we were going to vote on, I guess asking her to resign, I still don’t think it is our job to be the one who is going to try to do that to someone. We are all up here, we are all different individuals and if I don’t agree with someone, that’s my right. If someone doesn’t like the way I do something, that’s their right, but it’s still my right to do what I’m going to do. Now there are rules for having people removed from council, and it’s not the city council does it. And, that is why I do not feel like we should be voting on this.” Mayor Johnson stated, “Like I said last time, the proper procedure is to have a roll call petition and roll call vote, that is how you remove any of you, me the Governor. Council Member Dietz stated “I feel like at this point with everything that’s been going on, I feel like we need to get this City moving in a positive way going forward. And, everything I do, I know not everyone is going to like but I am not going censure them and I’m not going to be against them. Every time we do this it brings a negative aspect to us, the City Council, that we can’t get along and it brings a negative aspect to Jacksonville, our City. I look up and I respect every one of you out here, you are chosen by the citizens of Jacksonville and I think we need to do what we need to do and all get along and we need to move forward. I read a whole bunch of things but for me to vote on that, I know Tara, I know everybody, but I read things about everybody, but just because I read them doesn’t mean that it is the truth. I heard about a lot of things that go on. I’ll be honest with you, I just think that everybody here is grownup and everybody should move forward and we should do what is better for the City. And, if we are going to argue and worry about this all the time, we are never going to get things done. Like I 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2020 6:00 P.M. – 6:29 P.M. said I do respect every one of you, I know ya’ll have been here a long time. I have been in Jacksonville a long time, I love this City, that’s why I’m up here and I have been trying to be positive for Jacksonville since 1970 and I think we need to move forward. We are seeing a lot of good things in Jacksonville; a lot of people are coming back to Jacksonville that had left from cities all around us. To me is a very positive, we have new schools and I’m just begging everybody let’s put all the swords and all of our guns behind us and let’s all move forward and let’s all try to get along and if you don’t like what going on, voice your opinion but let’s all see if we can’t get back together and get along, please.” Council Member Sansing stated, “you’ve got a motion on the table.” Council Member Bolden stated “One thing that you learn in serving the Community and serving on Boards, City Clerk Davitt noted that the City Attorney’s mic is not working, asking for clarification if Council Member Sansing, by his comment, is calling for a question to the motion. Council Member Sansing stated that he is just making a comment. Council Member Bolden resumed saying, “So what is very important that we understand, we are the Board of Directors for the City of Jacksonville, and anytime you serve with somebody as I’ve said before, I don’t have to like you, but I’ve got to work with you. So please, I’m begging, like James Brown said “Please, please…” let this go, let’s move on. Until the next election time, people decide, if they chose again, whatever. But, we have got to move on because if we keep bringing this thing up…. I’m getting phone calls from Little Rock and other States to my house about this.” Mayor Johnson asked if there is any other discussion. With no further discussion he called for a roll call. Clarification regarding the motion was requested and City Clerk Davitt read the motion previously read by Council Member Mashburn. “for a vote of no confidence against Council Member Smith citing corruption in public office by abuse of public trust, use of deception to attempt to influence the public.” ROLL CALL: Council Member Sansing, Mashburn, and Collins voted AYE. Council Member Dietz, Ray, Traylor, Twitty voted NAY. Council Member Bolden abstained. Mayor Johnson announced that he has five to three it failed. City Clerk noted that it is four to three. Mayor Johnson concurred following the abstention. APPOINTMENTS: 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2020 6:00 P.M. – 6:29 P.M. ANNOUNCEMENTS: Mayor Johnson announced that the Senior Center is hosting its annual beans and cornbread fundraiser. 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 9