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21 DEC 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 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 December 2, 2021 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, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT TEN (10) ABSENT (0). Others present for the meeting were: City Attorney Stephanie Friedman, Fire Chief Alan Laughy, Police Chief Brett Hibbs, Parks and Recreation Director Kevin House, IT Director Emily Osment, Finance Director Cheryl Erkel, Human Resource Director Charlette Nelson, Johnny Simpson, and Leader Newspaper Reporter Rick Kron. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of August 5, 2021 and August 19, 2021 for approval and/or correction. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Bolden moved, seconded by Council Member Rains that the minutes of the regularly scheduled City Council meeting of 5 August 2021 and 19 August 2021 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: COMMITTEE(S): Request to enter into Executive Session Council Member Blevins moved to enter into Executive Session regarding a personnel matter. Mayor Johnson requested clarification, questioning if it was about someone under the handbook, and not an elected official. Council Member Blevins concurred that it is a situation for the City. Mayor Johnson stated as long as it is about somebody that is under the handbook, and not an elected official, we can go into Executive Session, if the Council approves an Executive Session. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Council Member Blevins responded he is sure elected officials are under the handbook as well. Mayor Johnson disagreed, pointing out that they do not have vacation or sick time and their pay is set by ordinance. Council Member Blevins noted the premium pay received by elected officials. Mayor Johnson suggested they speak about the matter in open Council if it is about him. Council Member Blevins related it is not just about him, clarifying he has two issues to discuss. Mayor Johnson confirmed if it is about an employee under the handbook, they need to go into Executive Session. Council Member Twitty seconded Council Member Blevins motion to go into Executive Session regarding a personnel matter. ROLL CALL: Council Member Dietz, Blevins, Traylor, Twitty, and Rains voted AYE. Council Members Bolden, Sansing, Ray, Mashburn, and Smith voted NAY. With there being a tie vote, Mayor Johnson voted AYE. MOTION CARRIED. City Council retired into Executive Session at approximately 6:03 p.m. Council Member Ray moved, seconded by Council Member Mashburn to reconvene from Executive Session at approximately 6:22 p.m. MOTION CARRIED. GENERAL: a. ORDINANCE 1680 (#30-2021) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Rains to place Ordinance 1680 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1680. Council Member Traylor asked if there was a typo halfway down on page 42 or if it is correct. Mayor Johnson confirmed it is correct and that the $19,000 was for the George Gage trailer park the City had to remove. Council Member Rains pointed out in total, there is over $30,000 in liens between the three pages. Council Member Traylor clarified that it was the $11,000 lien he was asking about. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Mayor Johnson confirmed it was a partially burned house owned by Chris Gamet the City had to tear down that had asbestos in it. He shared that the City is currently receiving bids to tear down the house on the corner of Hickory and Gray Streets that is also half burned. He explained that the City files liens when people have unpaid invoices with Code Enforcement so that maybe one day the City can collect money on those liens. In response to a question from Council Member Dietz, City Attorney Friedman answered they have been notified that they had an outstanding balance, given a certain time period to repay that, and told that if they did not, they would have a lien put on their property. She affirmed that if this is approved, this will go to Pulaski County and be on their taxes for next year. Mayor Johnson added if the property is ever sold, the fees would have to be paid through closing. Council Member Rains asked when the closing date is for the open bid regarding condemned property. Mayor Johnson replied that they are trying to find someone to do it at a lesser price than what the City has been paying, so they have been contacting other people that might do it for a better price. He explained that he does not know if they have to do it by bid, because it is Code that does it. City Attorney Friedman confirmed that it is done by bid. Council Member Ray moved, seconded by Council Member Mashburn to APPROVE Ordinance 1680 on FIRST READING and SUSPEND THE RULES and place Ordinance 1680 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Mashburn to APPROVE Ordinance 1680 on SECOND READING and SUSPEND THE RULES and place Ordinance 1680 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED. Council Member Rains asked if any of the people listed are reoccurring individuals in the City that have outstanding balances from previous times. City Attorney Friedman replied that that is a fair assumption but she does not have a number and has not compared the list to previous years. Mayor Johnson pointed out how long the list is and that it is a direct reflection on how much better Code Enforcement is operating now that it is under the Police Department, having a Lieutenant over it and Sergeant in it. He continued to say that they seem to be getting out and doing a much better 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. job, adding that the house on Hospital Street has been torn down at the owner’s expense. He stressed that getting these burned and vacant houses torn down is really important to stop people from staying in them that should not be there. He reiterated that Code Enforcement has done a great job. He thanked Lieutenant Wright. Council Member Rains added her praise as well. Council Member Rains moved, seconded by Council Member Mashburn to APPROVE AND ADOPT Ordinance 1680 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Rains that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED. nd ORDINANCE 1680 (#30-2021) APPROVED AND ADOPTED THIS 2DAY OF DECEMBER, 2021. b. Boys and Girls Club budgetary issue Council Member Blevins related he attended budget meetings and noticed there was an omission of $10,000 usually allocated for building maintenance for the Boys and Girls Club. He explained he decided to call the Board and ask if they knew this was happening, and in result, they asked to address the Council. Mayor Johnson noted that Council Member Blevins was told during the budget meeting that it actually is in the maintenance budget under contingencies, but they would have to sign a lease before the City can go into the building. Council Member Blevins related that he did explain that the Mayor added it after the Board already said they wanted to address the Council, but the Board still wanted to address Council. Mayor Johnson said he has a copy of the lease if the Board would like a copy. Freddie Scott, Vice Chair of the Jacksonville Boys and Girls Club Board, thanked the Mayor and Council for allowing them the opportunity to speak and also for the copy of the lease. He stated that they will have their normal legal review of it and expressed excitement for the opportunity to continue to work with the City. He talked about the importance of working with for the children, beyond sports and recreation, but helping them build character and grow professionally, career-wise, as well. Mayor Johnson reiterated it is not listed as the Boys and Girls Club in the budget, it is listed as potential contingencies, and it is the same as with the Chamber of Commerce and Senior Center. He detailed that up to $10,000 will be matched for repairs to the building and clarified with Mr. Scott that 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. the lease does refer to the agreement being between the City and the Boys and Girls Club. He explained that there are three 501(c)(3)’s that operate in City buildings and all they have the same lease. He stated the Maintenance Department requires these leases before they enter the buildings to change air filters, fix leaky drinking fountains, etc. Mayor Johnson added that the City will try to help them get money to do major repairs. Mr. Tarek Shehadeh, a Board member of the Jacksonville Boys and Girls Club, asked if there is a list that differentiates what the Boys and Girls Club’s responsibility are. City Attorney Friedman replied that it is in the lease and then apologized for not sending it to the entire Board, noting she did send it to Mr. Nash. Mayor Johnson related they did not have everyone’s email and shared that if needed, he and City Attorney Friedman will be available for discussion after the Board looks over the lease. Council Member Sansing asked how many kids do they have attending the Boys and Girls Club at this time. Mr. Scott replied that, like everyone, they were impacted by the pandemic and estimated a count to be in the mid 20’s. He attributed this to having a safe staff-to-member ratio and shared that clubs throughout the State have had to go through the same thing. He pointed out that he cannot make parents enroll their children, but can provide a safe environment while using safety measures to ensure that the members and staff are having an enjoyable experience while there. Council Member Sansing asked if all of the Board members are citizens of Jacksonville. The three present members replied no, but it was concluded that Mr. Nash is. In response to a question from Council Member Traylor, Mr. Scott replied that he believes it is mid 20’s, not exceeding 25, but he would research the exact number. Mayor Johnson related he was told there were approximately 28 recently, within a month, and then mentioned their basketball program. Mr. Scott confirmed that they are working on getting the basketball program done safely, noting it is an exciting time for spectators and they want to create that environment. Council Member Sansing asked how is the communication between the Board and the CEO, sharing that he has had some rather disturbing phone calls concerning a certain dysfunction in communication. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Mr. Scott acknowledged that, like most organizations, they do have some levels of dysfunction, and communication is something they will continue to work on. He admitted that it has been challenging because they are fulltime employees and there are things within the transition of a new CEO, but they are very interested in growing that CEO-Board relationship, with possible incorporation of professional development. Council Member Rains offered thanks to the attending Board members for the work they are doing to enhance the lives of our future leaders. Mr. Scott expressed his appreciation, adding that they are implementing various elements to time, talent, and treasure. He also explained there are Federal dollars that have been given to the State to identify families and students that are considered homeless. He stated that in Jacksonville, there is an upward trend of kids experiencing homelessness, not just in the street or under a bridge, but those that may be in a vehicle, staying with other relatives, or they do not have a permanent address. He related that they are looking to work with the school districts and other entities to identify who they are because there are a lot of resources available to them that could keep some from having to migrate to foster care, etc. Council Member Rains expressed she loves hearing that they are looking to work with those individuals and families to get them the resources so they have the quality enhancement that the future leaders of our Country need. Mr. Scott then mentioned that it is one thing to have professional development given to staff or educators, but also to bus drivers, security, barbershops, and other people in the community. He stated it is about identifying those members who may be challenged because there are resources available to them. Mr. Shehadeh added that he may not live here, but his heart is here with the Club and wanted to let that be known. Council Member Bolden pointed out that the Boys and Girls Club is a national organization, not a City one, offering his appreciation. Mr. Scott pronounced that they have had to leverage their National organization to assist them in the transition, adding that they have been a lot of support for them. Council Member Bolden noted that they lost a really good CEO. Council Member Sansing encouraged the CEO and all of the parties involved to work together and remember that it is for the kids’ benefit because they are the priority and that it is not about anyone’s personalities. Mayor Johnson offered if the Board has questions, they should contact City Attorney Friedman. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Mr. Scott shared that when it comes to maintenance, they look forward to finding out exactly what will be available to them, then explained that their National organization did an assessment on their facility, from a safety perspective, to make sure they are on top of things because of membership requirements. He related that he appreciates the opportunity to have this available to them and they will work with Parks Director Kevin House. Council Member Smith requested clarification that the $10,000 for maintenance was never out of the budget. Mayor Johnson affirmed that it was moved over to the maintenance budget that is a part of the new Maintenance Department and there are funds that will help if anything happens at the Boys and Girls Club, Senior Center, etc. Council Member Blevins wanted to clarify that he was in the budget meeting with Parks Director Kevin House and the Mayor, saying the thing that prompted all of this is when he asked where the money for the Boys and Girls Club was, the Mayor said that they are not getting the money unless the lease is signed. Mayor Johnson agreed Council Member Blevins was told that in the budget meeting that when they signed the lease, it will be there. Council Member Blevins agreed but noted that at the time, it was not there and that was what prompted him to contact the Board. c. 2022 Budget Review It was the consensus of the City Council to combine items of business c with item of business d. d. ORDINANCE 1681 (#31-2021) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2022; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT; FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES COVERING GENERAL FUND OPERATIONS, STREET FUND, EMERGENCY MEDICAL SERVICES FUND, SHOOTING RANGE FUND, AND SANITATION FUND; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Mashburn to place Ordinance 1681 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1681. Finance Director Cheryl Erkel stated she has the budget on her computer and will make a note of any changes made, and make those corrections later, instead of taking the time to do it now. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Council Member Rains asked why there are differences of reoccurring line items of estimated revenue funds available for things versus 2022 budgeted distributions, where those numbers are not equal. Finance Director Cheryl Erkel replied that the General Fund and the Street Fund have to be balanced, with revenues matching the expenditures, but the enterprise funds do not have to match because they operate more like a business, causing some to have more revenues than they have expenditures, and vice versa; any difference would be covered by their fund balance. She explained that is why EMS, Sanitation, and the Shooting Range do not have to balance and clarified the funds that go over the amount are covered by surplus funds or by the General Fund. Council Member Ray commended the Finance Department, saying all of these years he has been on Council, they have always come up with a balanced budget and never had trouble with the auditor. He suggested that this year is no different, noting that a $23 million budget is a lot of money. Mayor Johnson commented that it is the biggest budget the City has ever had. Council Member Blevins requested clarification on the items that were budgeted for 2021, that were not spent, but are duplicated for 2022 because it was not available in 2021. He asked if that money allocated to these items went to the General Fund or was that money added into this number to allow it and is that why we are at $24 million. Finance Director Cheryl Erkel answered no, explaining the Department that these unpurchased items were budgeted for may have decided they needed that money to be reallocated for a different purchase instead, possibly for something more urgent that came up and needed to be done that was not planned for originally. She related they have the authority to do that as long as their bottom line does not go over what was budgeted. She confirmed that there is no excess money and that they still needed what was in the 2021 budget, so they are putting it in the 2022 budget. Mayor Johnson asked for an estimate of how many days the City’s reserves will have at the end of 2020. Finance Director Cheryl Erkel answered that we have not gotten the 2020 audit yet, it is being completed now, but she would estimate it to be around 80 days. She explained that her estimate for the end of 2021, using the 2022 budget, it looks like it would be close to 80 days. She could not remember exactly where it was 5 years ago when asked, but it had gotten down really low to where there were just a few weeks in reserves. Council Member Rains asked if this is the City’s largest budget yet because of CARES Act funds. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Finance Director Cheryl Erkel replied that she believes that it is due to our City and County sales tax law passed for internet sales, which boosted our sales tax revenue tremendously. Mayor Johnson added he believes that the State will lower income taxes because the Internet sales tax generated more than what was projected, not only for the State, but for the County and City. He noted that the City, being a part of the County, gets part of the County Turnback money, while the County gets very little, possibly only 12% of one cent. He also thought that people eating locally may also have attributed to the Sales Tax boost. Council Member Twitty noted that for the Chamber of Commerce, the preliminary budget said $50,000, but now the recommended says $0. Finance Director Cheryl Erkel responded that whenever they were first beginning the preliminary budget they thought they would be able to do a contract with them, but then they found out that they cannot do that as a city entity since there is already a contract through the City’s A & P Commission, so it would be like double-dipping out of the City. She confirmed that the dealings with the City and the Chamber are no different otherwise, and noted they wanted to give them extra money but were informed it was not allowed so it was taken out of the preliminary budget. Council Member Blevins asked if the $43,000 contract listed is for the new audit company that was approved earlier in the year, because he remembers that number being more than $43,000. Finance Director Cheryl Erkel agreed that the contract was more than that and it would be under Contract Services 5030 account under the General Fund Department 11, which shows the total amount as being $82,065.00. She clarified that the auditing services contract was for $80,200 and that it is higher because they were using a local firm, McAllister and Associates, but since they did not bid, now they will be using BKD, that charged more. Mayor Johnson thanked the Council Members who attended the budget meetings, saying it is really informative to get feedback during those meetings. Council Member Blevins asked where the money for the bus plan with Rock Region will come out of since it was not in the budget. Finance Director Cheryl Erkel stated she does not believe she put it in the budget, however, if it fits the mass transit definition, it can be taken out of the CARES Act funds, which is not in any of these funds. Mayor Johnson clarified that since that is what Rock Region does, you would think that it would fall under that category, but the City has to make sure before they do it. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Council Member Dietz asked if there is anything we can do to help if the Chamber of Commerce runs into an issue, such as for utilities, etc. He pointed out they are trying to go to two positions but we have worked hard and had a really good Director the last 2-3 years at the Chamber of Commerce and he would hate to see that go downhill because the City needs a good Chamber of Commerce. He wished that it could be self-supporting, saying he would like to check into this to see if the City could help some if we have some excess. City Attorney Friedman affirmed that the City is statutorily prohibited from providing a general subsidy, so as a city, we cannot pay their utilities or subsidize them. She stressed that the A & P Commission can have a contract for services, but the City cannot. Mayor Johnson added that it was Judge Mackie Pierce’s ruling back in 2017. City Attorney Friedman clarified that there was an amendment to Arkansas Constitution with a statutory change and is now a case law that supports that. Mayor Johnson shared that back in 2019, City Attorney Friedman, Lanny Richmond, the Chamber of Commerce, the museum, and the Boys and Girls Club all met to see what could be done and Mr. Richmond and City Attorney Friedman worked with each one of those entities what we can and cannot do. Council Member Ray suggested that the City could go to the A & P Commission and request an extension regarding what we are already funding if we get into a hard spot. Council Member Traylor added as long as they provide the service and invoice it. Mayor Johnson stated that we have things moving in the right direction in Jacksonville, as far as new businesses coming to town, which is exciting. Council Member Dietz mentioned that Slim Chickens is coming to Jacksonville. Mayor Johnson asked if anyone had a Director they wish to question at this time. Council Member Mashburn requested to speak with the Fire and Police Departments. She asked Police Chief Hibbs if the Police Department has everything that they need for the upcoming year. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Police Chief Hibbs answered that he is very pleased with this budget, being more than he expected. When asked by Council Member Mashburn, he replied that right now he has 59 officers, has slots for 70, and hopefully next year he will go up to 70, noting it is tough in the field right now. He confirmed they are budgeted for 70 and he is going to work on hiring, but he is focusing on retention right now, to keep people from leaving to other places that are offering bonuses for Certified Officers. He shared that this market is very tough because every Department around us is working on recruiting and trying to recruit Certified Officers from each other, so he is going to try recruiting from the community and do more for people who live here. Council Member Mashburn asked Fire Chief Laughy if the Fire Department has everything that they need for the upcoming year. Fire Chief Laughy agreed that his budget is something they can work with for 2022, adding he asked for a total of 76 funded positions which includes 6 added positions. Council Member Mashburn asked if he had people lined up to support the new ambulance. Fire Chief Laughy responded that they have started the process of interviewing and giving conditional hires for new personnel, but with the transition of others from retiring or resigning for personal reasons, it is a catch up with only being up one position out of the six that he needs. He does expect a member to leave the third week of December and maybe in the first quarter of next year, so it is a constant flux, regarding normal day-to-day business with the Fire Department. When asked, he answered that they currently have 69 people, are funded for 70, and are asking to be budgeted for 76 in 2022. Responding to another question from Council Member Mashburn, he replied that if they had a mass casualty incident, with over six or seven patients, his Department would be overwhelmed and not be able to manage it. Council Member Mashburn asked Police Chief Hibbs about Code Enforcement. Police Chief Hibbs stated that he believes Code is going very well, with Lieutenant Wright being in charge and now having a civilian Supervisor who directly supervises the Code Officers and reports to Lieutenant Wright. He shared that he wants to add another Code Enforcement Officer this year so he will have four officers, one supervisor, and Lieutenant Wright overseeing them. He related that Lieutenant Wright is also over the Jail and a few other things, but most of his focus is on Code. He explained that the Code budget was increased because they have a long list of houses they want to tear down that they have not had enough money for. Next year, they will work on trying to make funds stretch as far as they can to get things cleaned up. Council Member Rains asked Chief Hibbs to elaborate on the civilian Supervisor position mentioned. 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Police Chief Hibbs clarified that he had a Sergeant in Code Enforcement that reported to Lieutenant Wright, but that Sergeant is now a Community Officer on the Police Department side. He added that he promoted Code Officer Melissa Barger to a created position of Code Supervisor, so she supervises the other Code Officers, does Code cases, and makes sure follow-ups are being done when 3-day, and 7-day tags are posted. Council Member Blevins requested clarification from Fire Chief Laughy if the six positions added were three for Fire Department and three for EMS. Fire Chief Laughy replied that all of the personnel working in the Fire Department are assigned to either the Fire side, or the EMS side, since they have two budgets by which they can pay them. Licensed Paramedics are typically paid from the EMS fund, while the licensed EMT’s that are partnering with the Medics on the ambulance, are paid from the Fire fund. He confirmed that the 76 people that he will be budgeted for does include the 3 that are set up for EMS. Council Member Blevins brought up the topic of FMLA and a phone call that he had received regarding the idea that going from twelve weeks to two was not enough, possibly causing people to leave their positions. He mentioned a discussion of possibly changing it to three weeks for maturity leave and six weeks for a family emergency and asked for Fire Chief Laughy’s input. Fire Chief Laughy affirmed that he was open to changing it from two to three weeks and from two to six weeks, respectively, but he does not think they should do that in lieu of risking hiring six additional personnel, perhaps a certain percentage pay increase, or some other budgetary items. He does not believe it takes priority over other benefits that they need, but he would be willing to consider it for the 2023 budget if they can squeeze it in. He explained that the reason why he initially started with the two weeks is because they already doubled their overtime for the year and for about eight months’ worth of FMLA requests that he had for maternity leave, alone, that was going to cost the City between $75,000 and $100,000. For him, it was a cost, affordability, and fiscal responsibility issue that caused them to take three steps back and reevaluate it. Police Chief Hibbs agreed. Finance Director Cheryl Erkel replied that it is not a budgeted fund when asked about the Community Development Block Grant. Council Member Rains thanked Lieutenant Wright for working with the CDBG program and dealing with the blight issue, sharing that seeing the multiple Departments working together has been very appreciated. Council Member Mashburn thanked Police Chief Hibbs and Fire Chief Laughy for showing great leadership to their men and being someone, they can come to. 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Council Member Blevins asked City Attorney Friedman about the $45,000 that is listed for legal fees and if there is a particular issue coming up where this was needed. City Attorney Friedman stated that legal fees are hard to predict, giving the example of if an employee appeals a termination with Civil Service, then it moves to Circuit Court where she is conflicted out of representing the City because she represents the Commissioners, resulting in the need to outsource representation. She reiterated that it is hard to budget for that because they never know how much money will be needed. Council Member Twitty asked Parks and Recreation Director Kevin House if he can explain why the part-time help went up so much under Department 40. Director House replied that they moved some positions from Athletics to the Community Center and that his Activity Monitors have been budgeted under Athletics, but it makes more sense to have them come out of Community Center Operations. Council Member Twitty then asked about why under Janitorial Supplies did the preliminary budget say $20,000 but the recommended says $0 under Department 41. Director House responded that all janitorial supplies are coming out of a different line. Council Member Traylor pointed out that even though the part-time help moved out of Athletics and into Community Center, making a change from $36,000 to $150,000, Athletics still rose from $98,000 to $110,000. Director House stated that it made sense for Community Center Operations to go up since they moved the part-time help there, but he could not explain why Athletics did not come down. Council Member Traylor asked Finance Director Erkel what was the overall increase in the budget for both part-time and full-time salaries for Parks and Recreation, including overtime. Council Member Rains noted that the Department 45 part-time help preliminary budget does have it at $209,000 but they only took $110,000, but she may have gotten it flip-flopped. Council Member Traylor confirmed that she was right, that it did go down from the preliminary budget, but it went up from last year’s budget. Council Member Rains agreed that it went up from last year’s budget, there is a lot of inflation going on, but it is a $99,000 difference. 13 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Council Member Twitty commended Director House and others who helped do the hiring and stated that they have gotten some really great people that are working with the youth and adult programs. She thanked Director House and his staff, pointing out that Joe and the new employee Cody are on top of it and doing an outstanding job. Council Member Rains reiterated that they have hit the jackpot on employees and mentioned new special events that took place this year, including the kid’s fun run, that was well received. Council Member Twitty complimented the Community Center Manager Darla Marsh, pointing out that on social media she continues doing well. Council Member Rains shared that she is looking forward to seeing what is new next year, what comes back, and helping get the word out to our community playing together. Finance Director Erkel announced she had the answer for Council Member Traylor’s previous question, stating that with the part-time, full-time, and all benefits; the Parks and Recreation budget increased by 25%, part of that has to do with APERS. She explained that some part-time people do not work their required hours per month in order to be qualified for it so, in the past, we had not budgeted for them to have APERS being paid, but we found out that we are supposed to report them even if they do not meet those requirements. Council Member Traylor pointed out that it means we pay that money to APERS, but usually the part-time employees do not stay long enough to receive the benefit of that money and the City does not get it back, it goes to everyone else in the State of Arkansas. He asked if the City would be better off having, instead of two part-time people, having a full-time person where at least when we are paying APERS, they would get the benefit of it. Parks Director House responded that then there would be less hands, saying that two part-time employees would be two bodies instead of one. He noted that part of that increase is also because the facility maintenance is now under Parks. Council Member Traylor stated there is a whole budget of one hundred and something thousand dollars in salary for that. Finance Director Erkel clarified that she did included it the Parks salary. Parks Director House related that facility maintenance is account number 01-48 now and their salaries are under that. 14 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Finance Director Cheryl Erkel mentioned that they used to be under Department 17. Council Member Rains mentioned the recent salary increase and asked if that drastically impacted Parks Department and Director House concurred. When asked about a dollar value of this increase, Finance Director Erkel responded that it looks like it went from $1.84 to $2.3 million. Council Member Blevins noted that the Parks and Recreation budget includes a giant LCD to replace the one that has been gone for the longest time. He shared that Parks Director House has a plan, over the next couple of years, to create a huge informational square for the City of Jacksonville. He believes it is great we are finally getting a big LCD and thanked Parks Director House for that. Council Member Bolden acknowledged that the Park’s groundkeepers are doing an excellent job, working overtime up to 7 days a week. Parks Director House agreed saying that he cannot brag on them enough. Council Member Dietz was thankful that the City is getting two more new police vehicles, but asked how many do they have that is over 130,000 miles. He suggested that needs to be looked into, noting it takes a long time to get them, but when you start to have higher mileage on them, it is not safe for the officers and detectives. Police Chief Hibbs responded that he does not know how many are over 130,000, but it is a lot. He explained that there are cheaper cars, but he is very happy with how the Ford all-wheel drive SUV’s hold up regarding maintenance. He shared that the officers do not like them because it is hard to pursue in them, but he likes that, because they are not pursuing in them. He related that they are not the fastest or cheapest cars out there, but they hold up, which means that his maintenance is under budget and doing well. He said he likes to pay a little more for cars that they are not going to have to maintain as much, keeping them on the road, making it easier on the City Garage. He affirmed that they do well in pursuits, being pursuit-rated vehicles, but they are SUV’s that face Dodge Challengers, Chargers, and Mustangs. He confirmed that pursuits have gone up tremendously across the Country, where State Police are reporting writing tickets for cars going over 100 mph, as going up about 100%. He recalled that they have had two or three pursuits this week already where a lot of them jump on the Freeway and are gone; sometimes they catch them and sometimes they do not. Council Member Dietz reiterated that the Department does great with the vehicles they have, but he believes it is something to look into. 15 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Police Chief Hibbs related that they are trying to build the fleet back up, that the Mayor has been really good about it, and shared that going five years without buying a car had hurt them tremendously. He is buying SUV’s, keeping more cars on the road, pushing officers to take better care of them, and he is happy with it. Council Member Dietz offered his appreciation for all the work Police Chief Hibbs has done. Council Member Rains thanked Chief Hibbs for being proactive and getting them numbers, adding she would like to see the difference between pursuits that started in City limits versus coming off of the Interstate. She stated that as an IT Geek, she has seen the trend of people, even recording themselves, doing stupid things and being in pursuit. Chief Hibbs mentioned that Nationwide, driving has been terrible since the pandemic, with no one knowing why. He likes having the data and shared that he hired a Crime Analyst this year to gather data since no one else has time. Council Member Blevins asked about the $13,000 for the front desk receptionist that was originally budgeted in the Office of the Mayor. Finance Director Erkel replied that it was moved out of the Mayor’s Office to Human Resources Department and confirmed that it is still $13,000. Mayor Johnson added that her supervisor is HR. Council Member Traylor asked if we are hiring a City Engineer. Finance Director Erkel responded that it is in the budget and the position has been advertised, but they have not had any applicants yet. Council Member Rains stated that she had discussed with Public Works Director Jim Oakley about not requiring the certification coming in, but get it when they are employed with us, since the accreditation that they are asking for is above and beyond local industry standards. Council Member Traylor acknowledged that the Fire Department, Police Department, and Parks are a quality of life issue where the City spends more money, he then asked about Court costs. He pointed out that he sees $518,000 for Court costs and only $200,000 collected in fines, resulting in a loss of $300,000 a year in Courts. Finance Director Erkel could not explain why but stated that the Judge is a Pulaski County employee that splits her time between Jacksonville and Maumelle. She confirmed that we now have five City employees that work in Courts this year, including the one that was just added. 16 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Council Member Traylor noted that Courts should be self-sufficient and be generating money for the City, not costing it. Council Member Rains asked if it generated funds when Judge Batton was there. Mayor Johnson responded that it was different. Council Member Dietz mentioned he was told that they are a lot more lenient and are not fining people like they used to. He pointed out that when you fine people, it brings money in and makes them less likely to repeat offend. Council Member Traylor realizes that the Judge does not work for the City, but that $300,000 could go to Fire Chief Laughy, Police Chief Hibbs, or other Departments. Council Member Ray mentioned that they cannot collect, even if they do not pay and you put them in jail, you still cannot collect. Finance Director Erkel recalled in the past when she had asked the Judge this question, she was told her hands are tied to what the statutes allow her to do. Council Member Rains noted there would be record of what she actually puts on the books, if it is the minimum or maximum for that Statute. Finance Director Erkel stated that she does not know what they do regarding records. Council Member Smith asked if it is possible to bring in the Judge for the next City Council meeting to ask her these questions. City Attorney Friedman replied that she will send her an email. Council Member Rains moved to TABLE Ordinance 1681 until the next meeting where they can get answers about Courts. Mayor Johnson asked for clarification on what they are looking for. Council Member Traylor stated that he does not think it will change what they do with the budget. Council Member Twitty asked about the Boys and Girls Club. Council Member Rains replied that it is in there, that as soon as they sign the contract, they will have that access. 17 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. Finance Director Erkel clarified that she has $50,000 total in Department 48 building and maintenance for extra buildings that do not include our normal Departments. She explained that it would cover the Senior Center, the Boys and Girls Club, and the Chamber of Commerce building. Mayor Johnson added it is in case something happens, saying we still take care of the yard for the Boys and Girls Club, we just do not enter the building until we have a signed lease due to the liability issues. He then asked the Council if they wanted to wait or pass the budget. Council Member Rains related that if the discussion with the Judge is not going to directly impact the budget, they can amend it should they not need the $520,000. Council Member Traylor moved, seconded by Council Member Blevins to APPROVE Ordinance 1681 on FIRST READING and SUSPEND THE RULES and place Ordinance 1681 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED. In response to a question from Council Member Blevins, Council Member Rains stated that she does not have any other questions for the Departments that have been here today, but would like more time if they can just approve the third and final reading at the next meeting. Council Member Ray moved, seconded by Council Member Sansing to APPROVE Ordinance 1681 on SECOND READING and SUSPEND THE RULES and place Ordinance 1681 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED. Council Member Blevins moved, seconded by Council Member Rains to TABLE Ordinance 1681 until the next City Council meeting. ROLL CALL: Council Member Blevins, Sansing, Twitty, and Rains voted AYE. Council Member Dietz, Bolden, Ray, Mashburn, Traylor, and Smith vote NAY. MOTION FAILED. Council Member Bolden moved, seconded by Council Member Sansing to APPROVE AND ADOPT Ordinance 1681 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. Council Member Rains voted NAY. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Ray that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED. nd ORDINANCE 1681 (#31-2021) APPROVED AND ADOPTED THIS 2DAY OF DECEMBER, 2021. 18 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2021 6:00 P.M. – 7:42 P.M. APPOINTMENTS: ANNOUNCEMENTS: Mayor Johnson announced the Christmas Parade will be Saturday, th December 4 at 3 p.m. with the lighting of the Christmas tree at the Chamber of Commerce, a Nativity scene, bouncy houses, and food trucks to follow. Council Member Twitty announced that Sig Sauer is doing a gun raffle to benefit the 2021 Christmas with a Cop program. Lieutenant Wright will be the contact person or you can send an email to jlfop16@gmail.com. The drawing will be held th December 13 and the tickets are $20 a piece or three for $50. Council Member Blevins announced that Dean Douglas, that owns D2 Comics with his wife, passed away. He shared that he had known Dean for a long time and that their store is incredible. Dean and his wife love this community and his last official act was to save a lot of people in a horrible accident that happened. He just wanted to let everyone know that he was one of the goods one here in town and was an absolute great guy that will be missed. Mayor Johnson concurred that it was a real shame and reiterated that he loved Jacksonville. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:42 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 19