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20 SEP 17 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 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 September 17, 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 teleconference were: City Attorney Stephanie Friedman, Police Chief Brett Hibbs, Human Resource Director Charlette Nelson, Kirby Miraglia, Leigh Ann Biernat. Present in the Audience were: Finance Director Cheryl Erkel, and Fire Chief Alan Laughy. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the special City Council meeting of August 13, 2020 and the regular City Council meeting of August 20, 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 Twitty that the minutes of the regular scheduled City Council meeting of 16 July 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 August 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 August 2020. Assigned Calls 60 Self-Initiated Calls 109 Follow ups 137 Structures Inspected 1 Meetings/Court Hearings 0 Rentals Inspected 0 Warnings Issued 0 Properties Red Tagged 0 Tickets Issued 3 Search Warrants Served 0 Three Day Notice 116 Structures Rehabbed 0 Seven Day Letter 56 Structures Condemned 0 Vehicles Tagged 37 Houses Demolished by City 0 Vehicles Towed 10 Houses Demolished by Owner 0 Lots posted 0 Parking Violations 0 Signs removed 0 Grass Letters 7 Trash cans tagged 5 Grass Mowed 46 Basketball Goals 5 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. REGULAR MONTHLY/ENGINEERING DEPARTMENT Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for August 2020. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 15 Building Inspections 34 Business Licenses Electrical 82 Plumbing 27 HVACR 21 REGULAR MONTHLY REPORT/ANIMAL CONTROL Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for August 2020. ADOPTION FEES/FINES $ 635.00 CONTRIBUTIONS 0.00 TOTALS $ 635.00 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: ORDINANCE 1639 (#13-2020) AN ORDINANCE AMENDING JMC § 8.20 REGARDING SANITATION PROVISIONS FOR THE JACKSONVILLE MUNICIPAL CODE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Johnson stated that a lot of the Ordinance is housekeeping to clarify regulations in the Sanitation Department regarding recycling, yard waste and large item pickups. Council Member Ray moved, seconded by Council Member Bolden that Ordinance 1639 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 1639 (#13- 2020). Council Member Bolden moved, seconded by Council Member Twitty to approve Ordinance 1639 on FIRST READING and SUSPEND THE RULES to place Ordinance 1639 on SECOND READING. In response to a question from Council Member Traylor, Mayor Johnson answered that 4 cubic yards measures 4 yards long, 4 yards high, 4 yards deep. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. Council Member Bolden moved, seconded by Council Member Sansing to further SUSPEND THE RULES and place Ordinance 1639 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 1639 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. th ORDINANCE 1639 (#13-2020) APPROVED AND ADOPTED THIS 17 DAY OF SEPTEMBER, 2020. PARKS & RECREATION: PLANNING COMMISSION: COMMITTEE(S): Used Car Lot Committee (Council Member Mashburn) No committee report to present. GENERAL: a. RESOLUTION 800 (#11-2020) A RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, IN COOPERATION WITH THE UNDERWRITER AND BOND COUNSEL, TO PROCEED WITH MATTERS PRELIMINARY TO THE ISSUANCE OF NOT TO EXCEED APPROXIMATELY $8,850,000 PRINCIPAL AMOUNT OF CAPITAL IMPROVEMENT, AND REFUNDING REVENUE BONDS, IN ONE OR MORE SERIES OF BONDS, TO FINANCE IMPROVEMENTS, CAPITAL EQUIPMENT, BETTERMENTS, AND EXTENSIONS OF SERVICE TO THE CITIZENS OF THE CITY OF JACKSONVILLE, ARKANSAS; TO REFUND THE CITY OF JACKSONVILLE, ARKANSAS CAPITAL IMPROVEMENT AND REFUNDING REVENUE BONDS, SERIES 2015; TO PREPARE AND CIRCULATE A PRELIMINARY OFFICIAL STATEMENT AND RELATED DOCUMENTS; DECLARING THE CITY’S INTENTION TO REIMBURSE ITSELF FOR QUALIFYING EXPENDITURES FROM THE PROCEEDS OF THE BONDS; AND PRESCRIBING OTHER MATTERS RELATING THERETO. Council Member Ray moved, seconded by Council Member Bolden to read Resolution 800 (#11-2020). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 800. Ms. Leigh Ann Biernat informed the City Council that this Resolution involves the City’s September 1, 2015 bond issue; those bonds were issued and secured by franchise fee revenues. She stated that the original amount of the issue was $8,815,000; the current amount outstanding is $5,910,000. She then stated that they had been watching the bond issue, pointing out that the average coupon is 3.05% and in the current interest rate environment, there are benefits to refunding those bonds. She explained that based on their analysis, the City could generate approximately 2 million dollars in project 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. funds and the bond could be structured so that the City would actually recognize cash flow savings of approximately $200,000 dollars (depending on interest rates regarding market movement) less through 2029 and then the debt would be extended in order to provide for these project funds for a final maturity of 2040. She stated that the summary is project funds of about 2 million and cash flow relief in the first 9 or 10 years of about $200,000 annually for an maximum payment based on the preliminary numbers of approximately $513,000 annually, pointing out that currently the City is paying $724,000 annually. In response to a question from Council Member Traylor, Mayor Johnson answered that the current bond issued is slated to pay off in 2030 and the new one would be 2040. Council Member Traylor confirmed with Ms. Biernat that currently the City owes 5.9 million as the outstanding balance and with the new bond issue the par-amount based on the preliminary run would be 7.8 million. Mayor Johnson then added that it would be an additional 2 million borrowed for the project with fees that would also go into that. Ms. Biernat pointed out that the City is also borrowing to fund a debt service reserve, and that was structured at 50% of the City’s maximum annual debt service, so basically the City has the amount to payoff the old bonds at approximately 5.9 million, 2 million in project funds, $257,000 in a debt service reserve which is a cash fund reserve that the trustee holds in the event that franchise fee revenues do not come in at the level needed to make the debt service on the bonds. She continued saying that the trustee would access that money, but if it is not needed, which has been the case on the 2015 bonds, then it would go to make the final payment on the bonds. She added that they estimate the cost of issuance at $120,000 to pay the trustee fees, underwriter fees, bond counsel fees and etc. She then answered Council rd Member Traylor that if the City paid off the current bond on December 3 the payoff would be $5,910,925. Mayor Johnson conferred with Council Member Traylor if he meant what it would be to just refinance and not borrow any additional funds and keep the payments the same. He pointed out that one benefit is that the payment is being lowered from $700,000 annually. In response to a question from Council Member Twitty, Mayor Johnson answered that some of the projects would be to build a new City garage, fixing the Police Department roof that leaks and addressing the air quality of the building, building a new courtroom in the old Police Department and Courts building. He then explained Parks and Recreation Director Kevin House has found a way for the shot shield to be less costly, so we would put up a shot shield and recycle the lead so that it would not go into the water table and build a car wash behind the Public Facilities building for the Police Department to use. He then related that the new City garage building would 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. be where the Police Department is located. He then added that if there is enough money they would buy a new generator to run the Community Center in the event of a power outage. He then added that the Water Department has one that they may give us so it would depend on how much it would cost to move it and get it hooked up. He then clarified that it would be a new courtroom in a different part of the current building. He stated that this would save a lot of money by not having to do dirt work and not doing a slab. He stated that it would be updated and also to make it COVID protected, adding that they might could move some of the offices to that building as well. He stated that Chad Young is working on the blue prints and costs. He then added that they would also be removing all of the asbestos out of the building, along with a new roof. He then related that he plans to talk to the School District to see if they would want the old courtroom so that they could have a meeting chamber for themselves. He then pointed out that currently the City garage floods and already 90% of the City’s vehicle fleet is located at the Public Facility building so that is where the City garage needs to be. He then noted that there is already a building that was setup with a foundation so the City will only need to pour a slab. He then answered Council Member Traylor that he feels the projects will come in under the amount of proceeds the new bond issue will generate. He then added that they will have estimates and hopefully there will be a couple of hundred thousand left over for an emergency project. He stated that he and Public Works Director Jim Oakley have looked over the cost for the City garage and feel it will be approximately 240-plus thousand dollars. He stated he feels they are estimating a little high on the courtroom, which he is projecting will come in at approximately $700,000. He continued saying that it is estimated $80,000 for the roof, $9,000 or so to remove the asbestos. He then answered Council Member Traylor that the shot screen is estimated at approximately $350,000; adding that half the income from the recycled lead will be put back into maintenance and the other half will be used from Parks and Recreation improvements. He explained that the shot shield will be 90 yards from where they shoot and behind the shield we will start planting trees which will give us 600 yards of additional trees to protect against noise. He related that the shot hits the shield and falls down, adding that the City would not have to build a road so the costs have been cut in half. He explained that the shot falls into a collection which is then collected once monthly and then sold. As opposed to now every five years we have to dig up the ground and we get about 60% of the lead that is there and this offers us somewhere around 94%. He stated that one day EPA is going to mandate that we dig up the ground and that cost will be high. He pointed out that the shield will help with noise, but added that his main concern is the lead going into the water table. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. He then confirmed with Council Member Collins that with the shield there will be approximately 600 yards of area to grow trees. Council Member Dietz noted that he was on a committee that was looking into doing this plan, adding that the recapture of the lead itself is anywhere from 60 to 80 thousand dollars. He stated that because of EPA eventually they are going to make the City clean up the lead anyway, so this would put the City ahead of the curve. He stated that regarding the curtains they were looking at, hopefully they would be able to get an R system with about 10 years on them before you have to start worrying about anything. He stated this would generate more revenue back to the City, noting that it would be more beneficial to the City. Mayor Johnson pointed out that Parks and Recreation Director Kevin House has found ways to do things in house that would lower the costs significantly. Council Member Bolden moved, seconded by Council Member Ray to approve and adopt Resolution 800 (#11-2020) in its entirety. MOTION CARRIED. b. ORDINANCE 1637 (#11-2020) AN ORDINANCE TO MODIFY JACKSONVILLE MUNICIPAL CODE §§ 2.06.010 (MINIMUM SALARY - MAYOR); 2.08.020 (MINIMUM SALARY – CITY CLERK); AND 2.10.010 (MINIMUM SALARY – CITY ATTORNEY); AND FOR OTHER PURPOSES. Council Member Collins stated that Ordinance 1637 is a continuation of Ordinance 1600 that was passed in March of 2019 to make sure that the City’s Elected Officials are being properly documented for their pay. He stated that what we originally had was that the Elected Officials would be mentioned in the City Employee’s Personnel Handbook and that is still a long way from getting published, adding that he wanted to make sure that it was done, finished and legal before he leaves the City Council. Mayor Johnson stated basically it states that Elected Officials will follow the rules of our insurance provider. If the insurance provider allows for Elected Officials to be given insurance, then the City allows it. Council Member Collins stated that although he and the City Attorney disagree on whether it was absolutely necessary, it’s there just in case it ever becomes necessary. Council Member Sansing related that it just codifies what the actual practice is. Council Member Sansing moved, seconded by Council Member Collins that Ordinance 1637 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 1637 (#11-2020). 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. Council Member Ray moved, seconded by Council Member Bolden to approve Ordinance 1637 on FIRST READING and SUSPEND THE RULES to place Ordinance 1637 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 Sansing to further SUSPEND THE RULES and place Ordinance 1637 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 1637 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. th ORDINANCE 1637 (#11-2020) APPROVED AND ADOPTED THIS 17 DAY OF SEPTEMBER, 2020. c. DISCUSSION Change voting for Council Members by Ward in lieu of at-large Council Member Collins stated that he believes the City needs to move to voting for Council Members by Ward. He stated the first thing he would like thth to do is move that the articles written by Mr. Kron on the 9 and 12 of September be submitted to be recorded in the meeting minutes. He added that Mr. Kron emailed them to all the City Council Members at his request. Council Member Collins moved, seconded by Council Member Mashburn that the newspaper articles written by Rick Kron in the Arkansas Leader be made a part of the minutes. Mayor Johnson conferred with City Attorney Friedman and it was noted that the articles were not read at a meeting and thus could not be made a part of the minutes without being spoke. Council Member Collins withdrew his motion. He stated that since they were received by the City Council Members they have read about the race that we have in the second Ward for the special election, adding that he is thoroughly disturbed that none of the signatures on one of the individual’s petition was from the Ward 2 it was being voted in; 25 were from Ward 5, and 23 of those were within 400 yards of a particular Council Member’s home. He added that he has had several people mention that they felt that at-large voting is a problem even before this, the first of which was Keith Weber on his Facebook page in 2017 when he resided in Ward 5. He stated that he believes that at-large voting causes a lot of problems that are being exasperated on social media. He stated that he has made his opinion clear on this for several years and this particular “dumpster fire” should make all of you want to take action. The at-large voting does not violate the letter of the law but in my eyes it violates the spirit. Ward 2 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. needs to be represented by people chosen by Ward 2, not filtered by Ward 5 for voting by everyone else. He read into the record a correspondence from the NAACP. ”September 16, 2020 Greetings Alderman Les Collins, th This email is in response to the September 12 Leader article, citing some council members desire to rescind the upcoming special election. We can all attest that the politics of Jacksonville often leave much to be desired. The Jacksonville NAACP supports a thoughtful and deliberate approach when politics and varying political interest are involved. Our mission is to secure the political, educational, social and economic equality of rights in order to eliminate race-based discrimination for all persons. The Ward 2 special election is of serious concern to our organization. th Alderman Collins, what stood out in the September 12 article, was your concerns regarding petition signatures from residents not living in Ward 2. The NAACP is in 100% agreement that petitions to run for office should be signed by residents of that ward ONLY. However, this addresses only half the issue. The real problem is the At-Large system of voting in Jacksonville. If residents are allowed to vote for a candidate in any ward, how can you restrict their petition signature? This one-sided fix amounts to closing the front door while leaving the back door standing wide open. Historically, the At-Large system was instituted solely to disenfranchise voters. This fact is irrefutable. The Voting Rights Act of 1965 banned federal At-Large voting permanently. And when legally challenged, Courts across America continually rules At-Large to be discriminatory and unconstitutional. It remains a relic of discrimination and is indefensible in 2020. At-Large inherently hinders minority groups, poorer whites and the less connected from electing local candidates of their choosing without outside influence. Bottom-line, “At Large” cannot be defended without ignoring its proven, inherent discriminatory implications. Where local governments choose to maintain this inequitable system of voting, the general intent/perception is to ensure “majority” control. The Jacksonville NAACP asks that the Council move to dismantle the At-Large system and replace it with Ward-Only voting. This move would require moral courage and a servant’s heart. Incumbents would have to ignore their own self-interest and do what’s in the best interest of the citizens. Just think, the rewards could be immense. Imagine the citizens of Jacksonville enjoying a new level of political access and involvement in their community. Imagine greater participation in the election process of this City. Imagine citizens and leaders being more accountable to one another. Can you imagine….Jacksonville moving forward…soaring higher!! Thank you for your consideration. Signed: The Jacksonville NAACP Executive Committee” 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. Council Member Collins stated that he told the representative from the NAACP that he really does not see it as a race issue but as a self-determination of representation issue. But I do see his point. I also mentioned that the people of Jacksonville will have to call their Council Members and motivate them to act on this. I have been asking for this conversation for three years. I recommend to the citizens to please alert your Council Members to your feelings on this issue. Council Member Sansing stated “with all respect to the NAACP, that is not the case in the City of Jacksonville. The City of Jacksonville is a whole, we work together. If you have Councilmen representing just their Ward, when it becomes budget time, I guarantee you, that if I am only elected by Ward 2 people, I will be all up in that budget process trying to get as much money as possible for Ward 2 to the detriment of the other Wards. This has been the history that has happened in other cities that have Ward representation, the Wards fight among themselves for their piece of the budget. Furthermore, I have always represented everyone in this City. Just this week, a person from Ward 2, a lady of color, called me with a problem; she did not want to talk to her Council Member, she wanted to talk to me, she knew who I was, she knew that I had rep of trying to help people out and we solved her issue. I came to City Hall and the City and myself, we solved her issue. I would hate to tell someone in this Town; you didn’t get to vote for me, so I can’t serve you. I would serve anyone in this Town even if it was a Ward issue, but there is a big problem; I have always served this entire Town, I could care less about racial issues. I think everyone on the Council could care less about that issue, we just want to do the best for the City of Jacksonville. The particular instance that you are citing that brought this up, is a abhorrent interest, it is very unusual and has never happened before. We all know why it happened this time. But because it happened this time is no reason to throw out a system that has been working for the best for the entire citizens of Jacksonville.” Council Member Mashburn stated that she would have to agree with Council Member Sansing because she does help a lot of people in Jacksonville not just in her Ward. It was clarified that Council Member Sansing was talking about Ward 4 not Ward 2. Council Member Twitty stated that most of her phone calls come from Foxwood and Stonewall. She stated that she knows a lot of residents over there and that is why they call; they will call who they know. Council Member Bolden related that he gets phone calls from all over, saying that a good example was with the trailer park incident, explaining that he was there in his truck helping people and trying to make sure they had a place to stay. He stated that when he was on the Pulaski County Special School District, the problem was that they all fight for their own area and 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. Jacksonville kept getting kicked to the curb. He stated that he fought tooth and nail along with a lot of other people from the City for us to get our own District and the very person that was on the school board with me was against me because it was going to interfere with her zone. He stated that if the NAACP wants to fight for that, but he is against it. He stated that he does not mind serving the whole community. He stated that the only agenda he has in running for office is the City, adding that he does not have an agenda for the Shooting Range, or because he wants someone off the Board, or because he wants the swimming pool running. He added that he has an agenda of wanting everyone in the City taken care of. He stated that he knows what will happen if we break it down into Wards. Council Member Collins stated that he honestly does not believe if the City Council were elected by Ward, that they would give up on the City of Jacksonville but there are some interest that you do need to take up for your Ward. He continued saying that he actually does think that the people that do run for office have a little bit bigger heart than that. He added that he does have a lot of faith in people, most people, not all. d. DISCUSSION Safety issues caused by vehicle parking on City streets Council Member Collins stated that he would like some input from his fellow Council Members on ways to make the streets safer since we are parking on the streets. He related that the four components that are at issue are parked cars, children, pets, and excessive speed by motor vehicles. He stated that children and pets jump out from in-between the cars parked on the road, leaving motorist little time to react. We can’t fix that, so we have to get compliance with the speed limits and so far the only solutions that have been brought to me are: More Police patrols, which takes Police away from more pressing work; permanently affixed speed bumps, which are expensive and produce hazards and irritants of their own; temporary speed bumps that could be deployed by citizens as needed. He related that he hopes someone here has had experience with temporary speed bump that they can share. Council Member Mashburn questioned parental control, saying that the parents should be watching their children. Council Member Twitty noted that kids are not playing outside as they once did, most of the children are inside. Mayor Johnson asked Chief Hibbs if cars being parked on the streets is a problem for the Police Department. Chief Hibbs stated that they have not had any problems or any accidents. He then added that there have not been any problems responding to calls, adding his only concern would be for the Fire trucks. Council Member Mashburn asked Chief Hibbs to check on Warren Street, noting there are cars parked in various ways. She continued saying that it blocks the entire road, noting that Warren Street is just a block off Main Street. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. Chief Hibbs stated that there is already a State law that says passenger side tires cannot be more than 18” from the curb. He assured the City Council that is a law the Jacksonville Police Department has always tried to enforce anyway. Mayor Johnson noted that the passenger side has to be the side a vehicle parks on. A brief discussion regarding Warren Street ensued and Chief Hibbs ensured Council Member Mashburn that he would look into the situations. Council Member Collins asked if any other Council Member would be interested in looking into the temporary speed bumps. Council Member Mashburn stated that she did not want to disagree because we probably do need them but if we have speed bumps on every road in town, our first responders would have a hard time getting to people that need help. Fire Chief Laughy stated that the traditional older type speed bumps that are asphalt humps do a lot of damage to the Fire Department’s vehicles. He went on to say that the newer speed bumps are the types that are pieced together and made of a certain type of plastic, explaining that they can be shaped and molded almost like a ramp where it goes up a certain amount of inches at a certain angle and then flattens out before returning to the road. He stated that something of this nature will slow down vehicles but will not damage the emergency response vehicles. He stated that he would not have a problem with this type of speed hump. He stated that parking on the streets hinders the Fire Department when they park on both sides of the streets. Discussion ensued regarding the gradual speed humps in Northlake Subdivision on Oneida Street and other areas in the City. Chief Laughy offered to look at them. e. DISCUSSION Revoke, suspend, or cancel Ordinance 1636 Council Member Collins said the item is not on the agenda and he is not adding it. Council Member Mashburn stated that she would like to discuss the item. Mayor Johnson stated that there is a legal reason not to. City Attorney Friedman stated that the item could be discussed but added that in order to revoke, suspend, or cancel Ordinance 1636 requesting a special election that would have had to have been done before the filing period closed. She stated that at this point it is too late to suspend the special election. 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. Mayor Johnson stated that the reason is it could be said that people signed up but we didn’t like them so we are going to call off that election and appoint someone. He advised that is not how it works. He continued saying there is a filing period and who signs up is who gets to run. He added that there is a law that says we can pass an ordinance to appoint someone, and we can pass an ordinance to have a special election. He then stated that there is not a law that says we can pass an ordinance to repeal a special election. Council Member Mashburn stated that she does not see why they let one certain person on when he lied about everything he did to get on there. She then added that everybody else has to follow the rules. Mayor Johnson interjected that there is not a back ground check. Council Member Mashburn stated that there should be. Council Member Traylor pointed out that is not up for the City Council to decide. City Attorney Friedman stated that the County is actually the agency that certifies individuals to be put on the ballot, not the City. She continued saying that at this point it is in the County’s hands, adding that she and Mayor Johnson have both been in discussions with multiple people at the County so it is being taken care of on their end. Mayor Johnson stated that they are looking into it, explaining that because we are Independents, this is normally handled by a party, so the Ethics Commission has power over the five constitutional officers but with State Reps and Senators, it is the Democrat Party or the Republican Party. He clarified saying that with us being Independents, there is not that oversight committee. He related that he has talked to the Election Commission as to what we can do to see that this kind of thing cannot happen again, so they are looking into it for me. He then related that he has talked to the County Attorney and others. He then answered Council Member Mashburn that the Election has to go forward, adding that the ballot has been certified but the Prosecuting Attorney has information and he is looking into it and will make a decision. Council Member Mashburn then stated that she only has one other thing that she needs to add at this point which is in connection to this. Council Member Mashburn stated that she would like to make a motion to ask for the resignation of Council Member Smith. She added that she has no faith in her judgment to do her job as a Council Member, for the last three years she has done nothing but negative things to this City. Why would we still want her on this Council? I let it slide the first time, I let it slide the second time, but I am tired of letting it slide. 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. Council Member Mashburn moved, seconded by Council Member Collins to ask for the resignation of Council Member Smith. Council Member Traylor stated “all I want to say is that we are elected on the City Council by the voters. I may not like the decision that Terry (Council Member Sansing) makes, that the Bishop (Council Member Bolden) makes or that you (Council Member Mashburn) make, but I do not feel that I have the right to get someone off of the Council because I don’t like what they do. That is what the voters do and that is what I think we should do. I think we are spending our time trying to get… If we do this – where does it stop? The next time it might be the Bishop, and everybody is mad at the Bishop so let’s just vote him off the Council. We cannot operate that way; that is not the way a government operates.” Mayor Johnson interjected that “we cannot vote them off anyway”. Council Member Traylor continued “I mean we can vote on it, but no matter how I feel about the things that have happened here; I am never going to vote to have somebody removed based on what they have done. That is something that there are other procedures in place to do that. Just like on the Election, there is a proper way to make sure that someone is eligible. It is not up to us to decide who runs, anybody that wants to run in this City can get their signatures and they can run. It is not up to us. It is up to the Prosecuting Attorney or whatever to decide that person is not eligible. It is the same thing as being on the City Council, we don’t decide who is on the City Council, that he can make that decision.” Mayor Johnson related that the only way to remove somebody from City Council is recall election, the only way to remove a mayor, Governor, State representatives; well a State representative can be removed by the House. Council Member Collins stated that he believes Council Member Mashburn was asking to have a motion to ask her to resign. Council Member Mashburn concurred. Council Member Twitty pointed out “we have already done that once.” Council Member Bolden stated “the elephant in the room is this, if the individual does not want to resign; they are not going to resign no matter what we vote. They have already proven that. They already proved that, I don’t care if you come and ask me leave the room; if I don’t want to leave the room, I am not leaving the room because people voted me here. There is a good number of people on the Board that feel the same way, that you are saying, however, when it comes down to legalities that is what stops the flow. Good example, if somebody cross a person the wrong way, you might feel like putting some hands on them but that is illegal. You have to hire an attorney or you go to jail even though you are right. You could be 100% right and 100% wrong in life, so my thing is – we have already asked that, we made 13 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. a motion for that, that individual refuse to do so. Some things you have to tolerate, it is like your children, sometimes you just have to tolerate your children. I’m sure all of us who have children, they get to an age and you just have to tolerate them. But the people have spoken, and when the people speak; we have to go with it even if you don’t like it.” Mayor Johnson stated that we can pick our friends, can’t pick our family or who we serve with. Council Member Bolden related that “in the Military, I served with a lot of folks I didn’t like.” Council Member Mashburn stated “okay, so this is null and void, I can tell. But that is okay. I see Rick Kron has come online and I asked him to be online to read his article that he put in the paper, so it would be in the minutes.” Mayor Johnson stated that we would need a written copy sent to us. Several of the City Council Members questioned if this is legal. Mayor Johnson asked City Attorney Friedman if this is legal. Council Member Mashburn stated that it was stated that it has to be read in the meeting. Council Member Bolden asked City Attorney Friedman’s comment. Council Member Ray remarked that it is not on the agenda and there was no motion to put it on the agenda. Council Member Collins stated that actually he did move but since he didn’t have it with him, it wasn’t available to be read. Council Member Ray reiterated that it is not on the agenda, adding “this is not legal, is it?” Council Member Bolden called for City Attorney Friedman. Council Member Traylor questioned what is the problem with it being in the minutes. City Attorney Friedman questioned if we are allowing Rick Kron to do this as a citizen or are you trying to get this on the agenda? She stated that if we are having open mic and he is wanting to read this, just like Brian about his statement, that is one thing, but if you are doing it a part of the agenda then whoever brought that up is correct it is not on the agenda. 14 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. Council Member Mashburn stated that she wants it read as his personal opinion, not because of what was on the agenda of the meeting and I know that he can do that. Mayor Johnson asked Rick Kron if he was ready. Rick Kron asked for 10 seconds. He then offered that it could be read at the end the meeting. APPOINTMENTS: A&P COMMISSION: Council Member Bolden moved, seconded by Council Member Sansing to approve the appointment of Patricia (Pat) Green to fill the unexpired term of David Bush set to expire on March 31, 2021. MOTION CARRIED. Council Member Bolden stated that before Mr. Kron reads his article, there is th something he has to address. He related that on September 11 there was a post on Facebook dealing with 911 and the statement he put is “we have become very relaxed after this incident, we know what culture committed this offense, all I can say is wow.” He then stated that someone with their uneducated knowledge of culture, contacted one of his fellow Council Members and said that was a racist statement. “First of all, I’m not racist. Second of all, I was referring to biblical culture and I emailed my fellow Council Member and I put certain scriptures to speak to what I am talking about. In other words, the last day is going to be a great fall etc., so to that person who emailed my fellow Council Member saying that was a racist statement by a Council Member – do your research, don’t come at me if you do not have the facts. That was not a racist statement, the culture that we have now is everyone is doing whatever they want to do and so for that person to make that statement about me – you are the racist. Because my mind was nowhere near racism, it was dealing culture.” Leader Newspaper Reporter Rick Kron read the following excerpt from an th article published in the Leader Newspaper on Saturday, September 12. “The headline is Council looks at stopping election. Candidate’s conviction puts eligibility in doubt, so city might name successor. A complaint has been filed on the eligibility of whether or not a Jacksonville resident can run for City Council with a 25-year Class A misdemeanor for theft on his record. With the complaint against Lance Dulaney, the prosecuting attorney’s office, as well as the Pulaski Sheriff’s Office have become involved and are investigating. Members of the City Council are debating whether or not to rescind the Special Election, which, according to City Attorney Stephanie Friedman, the Council can do. If the Council rescinds the Election, then it will have to appoint a resident to that seat vacated by former Police Chief Gary Sipes, who moved out of town. Council Member Les Collins is looking to change the way possible candidates qualify to run. Under the current law, to run for… (pause) (looking for page 5 of the Leader Newspaper)” 15 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. City Attorney Friedman interjected saying that with the break and since this is on the record, she would like to clarify that Rick did call me, and explain that we never discussed this, I never gave him the quote saying that this would be able to be rescinded. So, since this is on the record, I wanted that clarification on there. Rick Kron responded “and she is right, we kept missing each other on it, to verify.” He then resumed reading on page 5 of the Leader Newspaper. “a Jacksonville Council seat, a possible candidate needs to collect 30 signatures from register voters who are residents of Jacksonville, but Collins believes that the signatures should come from the Ward the candidate wants to represent. Collins has reviewed the petition signatures for both Dulaney and his opponent Brian Blevins. Using a Google map overlay of Ward 2, the district they are vying to represent, Blevins had eight signatures from the Ward and Dulaney had none. “That’s horrible,” Collins said. Collins is bringing forth an ordinance at Thursday’s meeting that will state petitions to run for office must be signed by individuals in that Ward. Mayor Bob Johnson plans to meet Monday with the Election Commission about options depending on how the Council votes, Dulaney in a recent social media post said, “They are bringing up stuff from a quarter of a century ago!!! I think it’s because they know I’m gonna win. They don’t want that change around here.” Dulaney’s record is tied to a ruling about three years ago made by the Supreme Court that said Geoffrey Herweg couldn’t be Police Chief because of a misdemeanor crime of filing a false report 20 years earlier. In that case, attorney Nate Steel, representing Council Member Tara Smith, who brought the suit against the City and Herweg, the definition of infamous crime was clarified and does include theft. Dulaney believes what happened 25 years ago is not germane to today. But a 2015 University of Arkansas law review states, “Consider whether any of the following person should be barred from seeking or holding public office: A small-town mayor who funneled municipal funds for personal use and was convicted of embezzlement. A mayoral candidate who removed an opponent’s campaign signs while seeking reelection and was convicted of theft. A county sheriff who took three chickens from an overturned freight truck over 30 years before seeking office and was convicted of theft. Under current Arkansas law, all three of these individuals were barred from political office. The Arkansas Supreme Court has encountered each of these scenarios and determined that the convictions disqualified the individuals from seeking or holding office,” the review said.” Council Member Traylor stated “I wanted to echo one thing that City Attorney Friedman said, since it is in the record; I am not sure where the City Council debated this issue, because the first I knew of this issue is when I read it in the paper.” Council Member Collins responded “I didn’t actually debate with any of my fellow Council Members because that would be a violation of FOIA.” 16 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2020 6:00 P.M. – 7:08 P.M. ANNOUNCEMENTS: ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:08 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 17