Loading...
21 OCT 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in a regular session on October 7, 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, Traylor, Twitty, Smith, and Rains answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT NINE (9) ABSENT (1). Council Member Mashburn was absent. Others present for the meeting and by Zoom were: City Attorney Stephanie Friedman, Fire Chief Alan Laughy, Police Chief Brett Hibbs, Public Works Director Jim Oakley, Parks and Recreation Director Kevin House, IT Director Emily Osment, Jim Moore, Shawn Sutterfield, Jeff Twitty, and Leader Newspaper Reporter Rick Kron. PRESENTATION OF MINUTES: APPROVAL AND/OR CORRECTION OF MINUTES: DIVIATION IN AGENDA: Council Member Bolden moved, seconded by Council Member Rains to DEVIATE FROM THE AGENDA and proceed to item h. under General. MOTION CARRIED. h. PRESENTATION of RECOGNITION Grandmasters Jesse Mack Williams & Christoper Nash Gold Council Member Bolden introduced Grandmasters Jesse Mack Williams and Christoper Nash Gold as recognized for their achievements by President Joe Biden. Grandmaster Jesse Williams announced that he has been in the Martial Arts for 50 years, presenting his students. He related that they have performed martial arts all over the world and are with the MMAC (Mixed Martial Arts Association). They offered a brief demonstration to the City Council. Council Member Bolden presented the Grandmasters each with a plaque that read: The American Story depends not on any one of us, not on some of us, but on all of us. Congratulations on taking it upon yourself in contributing to the public good. He added that he is proud to present the Presidents Gold Volunteer Service Award in recognition of 212 hours of service to this Great Nation. He continued saying that throughout our Country’s history, the American Story has been strengthened by those who combine an optimism about what can be with a resilience to turn that vision into reality. He stated that he is not alone in recognizing that those who are willing to step up and volunteer in service of community and Country are essential to the ongoing work of forming a more perfect Union, by sharing your time and passion. You are helping to discover and deliver solutions to the challenges we face, solutions that we need 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. now more than ever. We are living in a moment that calls for hope, light, and love. Hope for our futures, light to see our way forward, and love for one another. Through your service, you are providing all three. On behalf of the American people, I extend my heartfelt appreciation to you for your volunteer leadership and I encourage you to continue to answer the call to serve, the Country is counting on you. Signed President Joe Biden. RESUME AGENDA: CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Council Member Bolden moved, seconded by Council Member Ray to approve the regular monthly report for September 2021. SEPTEMBER PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 15 Building Inspections 26 Business Licenses Electrical 33 Plumbing 30 HVACR 19 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Council Member Bolden moved, seconded by Council Member Ray to approve the Regular Monthly Report for August 2021 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/CODE ENFORCEMENT Council Member Bolden moved, seconded by Council Member Ray to approve the regular monthly report as presented for August 2021. Assigned Calls 79 Self-Initiated Calls 352 Follow ups 431 Structures Inspected 7 Meetings/Court Hearings 0 Rentals Inspected 0 Tickets Issued 24 Properties Red Tagged 0 Three Day Notice 298 Search Warrants Served 0 Seven Day Letter 192 Structures Rehabbed 0 Vehicles Tagged 36 Structures Condemned 0 Vehicles Towed 2 Houses Demolished by City 0 Lots posted 4 Houses Demolished by Owner 0 Signs removed 130 Parking Violations 14 Trash cans tagged 0 Grass Mowed 55 Basketball Goals 0 ROLL CALL: Council Member: Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. ADDITION TO AGENDA: Council Member Bolden moved, seconded by Council Member Blevins to SUSPEND THE RULES and add an item of business to the agenda. ROLL CALL: Council Member: Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED. PARKS & RECREATION: Request to accept bid: 2021 Shooting Range Backstop Paving for the shot curtain Parks and Recreation Director Kevin House stated that this is the next step from when the City Council waived competitive bidding for them to purchase the fabric for the curtain. He explained that this is the paving for where the shot will fall from the curtain, allowing them to then sweep it for recovery. He noted that this was the only contractor to submit a bid. He then answered that the bid came in at $82,930.00. Council Member Bolden moved, seconded by Council Member Blevins to ACCEPT the bid from Redstone Construction Group in the amount of $82,930.00 with funds to be drawn as budgeted. MOTION CARRIED. RESUME AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to accept bid: New Slab for City Garage Public Works Director Jim Oakley explained that the request for bid was sent to four bidders with two being returned with bids. He then explained that the low bidder made an error in his calculations and withdrew his bid. He stated that the recommended bidder is the remaining bid. He related that he checked references and is satisfied with awarding him the bid. He then related that this would be funded through bond funds. He then answered Council Member Blevins that the project, while different phases have come in over projections, overall it will be close to the projected final costs. He answered Council Member Traylor that it consists of approximately 10,000 square feet. Council Member Ray moved, seconded by Council Member Bolden to ACCEPT the recommended bid from Command Construction in the amount of $139,890.00 with funds to be drawn from bond funds. MOTION CARRIED. SANITATION DEPARTMENT: 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. PLANNING COMMISSION: THIRD READING ORDINANCE 1669 (#19-2021) AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE §§ 18.28.020, 18.30.020, 18.32.020, 18.32.030, 18.35.020, 18.035.030, 18.36.020, 18.36.030, 18.37.020, 18.37.030, 18.38.020, 18.38.030, 18.44.020, 18.44.030, 18.48.020, 18.48.030, 18.52.020, 18.52.030, FOR ZONING AND PROPERTY USE PROVISIONS, DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Rains moved, seconded by Council Member Sansing to place Ordinance 1669 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1669. Planning Commissioner Jim Moore stated that on page 7, it addresses residential R-7 permitted uses, saying that it shall be amended and modified to include the following. He then read that the R-7 District is designed for the development and properly planned use of manufactured homes and/or Parks as affordable residential dwellings through individual ownership and/or rental properties. He stated that the way he looks at this, it says that any use permitted in an R-0, R-1, or R-1A, which is single family housing, questioning if we are getting into a mix category of putting either a manufactured home, mobile homes, whatever you want to call them, in with single family residential? Council Member Traylor clarified that the intent is to allow an R-0 in an R-7 zoning. Commissioner Moore stated that he would not want to have that. He stated that while he would not go into the whole list, he would like to see that this be held off and let the Planning Commission and some of the City Council members sit down and talk about this further. He stated that they saw it for the first time at the Planning Commission and they did not have time to go through it. Council Member Blevins noted that it was a lot of information and that was why it was originally postponed when first presented to the City Council and amended. Mayor Johnson noted that those amendments were adopted at the last meeting, noting that this the third time for the City Council to have an opportunity to view this ordinance. He related that the Ordinance does not allow for a conditional use of commercial to residential. Council Member Sansing stated that he would not have a problem postponing the Ordinance to the next meeting. Council Member Traylor suggested that since this was originally brought to the City Council by the Planning Commission and was amended at the last reading that it be sent back to the Planning Commission to see if they forward it back to the City Council. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. Council Member Traylor moved, seconded by Council Member Rains to send Ordinance 1669 back to the Planning Commission for review and acceptance. ROLL CALL: Council Member: Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED. COMMITTEE(S): GENERAL: a. PUBLIC HEARING ORDINANCE 1666 (#16-2021) AN ORDINANCE TO AMEND VARIOUS SECTIONS OF THE JACKSONVILLE MUNICIPAL CODE, CHAPTER SIX (LIVESTOCK AND FOWL) FOR THE CITY OF JACKSONVILLE; AND FOR OTHER PURPOSES. Council Member Blevins moved, seconded by Council Member Twitty to place Ordinance 1666 on FIRST READING. ROLL CALL: Council Member Blevins, Traylor, Twitty, Smith, and Rains voted AYE. Council Member Dietz, Bolden, Sansing, and Ray voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1666. Mayor Johnson opened the public hearing at approximately 6:26 p.m. Council Member Blevins pointed out that Ordinance 1666 is an amendment to the existing Ordinance. He explained that currently there is not a limit on the number of chickens or roosters as long as you meet current Code requirements regarding distance. He stated that he is proposing to bring the unlimited to six chickens and no roosters. He related that he is proposing to go from a 100’ distance requirement to 25’. He noted that there has been talk about what Cabot allows but they do not have a distance requirement. He added that talk about this destroying the City, this is such a lax amendment to an already existing deal of everyone already having chickens in the City. Council Member Traylor pointed out that because of the distance requirement, not everyone can have chickens in the City. He clarified that the distance will prohibit a lot of residents being able to have chickens. He stated that he is not sure the problem is having chickens, but is the distance. He added that in his opinion 25’ is too close to a neighbor’s property to have chickens. He then questioned what about all the people who have roosters now. Council Member Blevins stated that they would have to be rehomed. He then added that this amendment takes it to 50’, so the 25’ is not even in question anymore. Council Member Traylor stated that he would not have a problem with reducing the footage from 100’ to 50’. He stated that he does have a problem with the having to license them through Animal Control, adding that no one is going to do that and it will leave the City chasing people to get them to license their birds, but he does like the limitation. He noted that the current Code 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. has some issue with conflict and asked that the limit be struck from §6.08.030 since it is included in §6.08.050. He explained that the difference is the reference to one’s own home. He stated that he has heard roosters in his neighborhood and it did not bother him, so he would like to exclude roosters. Council Member Twitty stated that there are residents now that have roosters, adding that in her opinion they should be grandfathered in, if they can meet the distance requirements. Mayor Johnson stated that if they were going to be grandfathered in they would have to already meet the distance requirements of 100’. Council Member Sansing cited that his understanding is that the Cabot ordinance requires an acre of land before a resident can have chickens. Mayor Johnson stated that Cabot’s new ordinance does not require an acre. Council Member Sansing asked what the standard size lot is. City Clerk Davitt responded that it is 75’ X 120’. Council Member Sansing stated that would be with a house in the middle and a 25’ setback from the road, surmising that there would not be enough room in the rear yard to meet distance requirements of 50’. Mayor Johnson acknowledged that there would be certain lots that could meet those distance requirements. Council Member Sansing stated that residents in his neighborhood, who do not have large lots would not be receptive to chickens in the backyards. Mayor Johnson stated that if they could not meet the 50’ setback then they would not be able to meet the ordinance requirements. Council Member Sansing stated that it would only be for monied people, who can afford large lots. Council Member Traylor offered that there is a lot at 305 North Oak that could accommodate two chicken coops and still be 50’ away and that is not in the area that you keep referring to. He asserted that there are lots in town that are big enough to have chickens and if the lot is not big enough then you would not be able to have them. Council Member Sansing reiterated that from what he is hearing from citizens in his Ward, they prefer not to have them. Council Member Twitty clarified if they do not have enough room, they would not be able to have them. She pointed out that we already have an ordinance that allows an unlimited number of chickens or roosters with allowable space. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. She then related that the current ordinance does not include neighbors like Stonewall that has a P.O.A. that does not allow chickens, we cannot change their rules. Mayor Johnson pointed out that Northlake or Foxwood bills of assurance does not allow chickens. Council Member Rains asked if Chief Hibbs could address the issue. Chief Hibbs related that this ordinance is not enforced by Code Enforcement, it would be addressed by Animal Control. He stated that he has not talked with Hedy lately but the last time this came up, he did. He then related that she was against it at that time. He said that there are some chickens in town where there should not be. He stated that from experience what we know is that people who have these types of pets have to keep the lot clean and have the coop cleaned once daily. He added that he knows from experience that is not going to happen, knowing that there will be chickens running off to neighboring lots. He then stated that six chickens will cause a smell and people will complain, but the Police Department will deal with whatever ordinance is passed. Council Member Blevins related that the ordinance came about as a result of citizen request. He stated that currently we have citizens with a lot more than six chickens. We already have instances of smell, and we already chase chickens, adding that is seems to him that if you add the permit because we can not judge on what people might or might not do when we have not given them the chance to do it right. He stated that it is hard to not fight for hope, when hope is so appealing. Council Member Bolden related that he has had citizens contact him that do not want chickens, so the balance is there. He then added that the Police Chief says this is not something that we really want to do but if the ordinance is passed they have no choice but to enforce it. He stated that citizens have choice, no matter what is passed, people will do what they want to do. Some people have chickens, some people have Pit Bulls. He recalled that he overheard a citizen say he has his Pit Bull and he is breeding it inside the City, so they are already breaking the law in the City. He stated that it is going to be the same way with the chickens. Britney Carter related that in emails with the Cabot Animal Control she asked them since allowing chickens, how would they compare their workload/complaints for chickens compared to other animals. She stated that the response was “the only time we have any complaints is when citizens have a rooster, which are not allowed or they let their chickens have free roam which is not allowed either. We have a strict ordinance that to have chickens in the city, that they must go by, with that being said we may get a chicken complaint once every two weeks. We just go out and educate the homeowners regarding the chicken ordinance and they fix the concern”. She then followed with a second question to the 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. Cabot Animal Control. “Do you feel like allowing chickens in the city has been more of an advantage or disadvantage overall to the residents of Cabot?” She read the reply, “I feel that allowing chickens in the city has been an advantage for our citizens, this way they can have fresh eggs and help keep down the bugs in their yards.” She then read her third question, “In your opinion what would be some of the things that you would be sure to include in the ordinance?” The reply, “I would include in the city ordinance that the chicken tractor needs to be moved every 48 hours behind the house not to the side or the front yard. The area needs to be cleaned of all feces, no more than six chickens in an enclosed closure to where the chickens can come out of the coop, but can’t roam the area.” She stated that she wanted to let the City Council know that Cabot is experiencing the whole chicken thing and are fine with it. Mayor Johnson called for a motion to place on first reading. Council Member Blevins questioned if the ordinance was going to be amended as discussed, such as grandfathering in roosters? Public Works Director Jim Oakley stated that it would be hard to enforce. Council Member Rains noted that the current ordinance is hard to enforce as it is. Council Member Rains moved to amend Ordinance 1666 to include the section for grandfathering in current fowl. Discussion ensued and it was mentioned that the life span of a rooster is a year so there will not be any rooster a year from now anyway. City Attorney Friedman stated that in the discussion for amendments, she would like to include a section that states this does not prohibit rights for any homeowners’ association or bill of assurance. There was a general consensus to include that verbiage. Council Member Traylor asked if the City has any idea about how many chickens are currently in the City, possibly regarding the recently annexed areas? Public Works Director Jim Oakley stated that they would have enough room that it would not apply to them. Mayor Johnson questioned if there needed to be a distance limit regarding roosters? Public Works Director Jim Oakley stated that it would depend, adding that 100’ works good. City Clerk Davitt clarified if the amendment is to include 100’ for roosters? 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. Mayor Johnson also clarified that having chickens could not go against a bill of assurance, property owners’ association, or homeowners’ association. City Attorney Friedman clarified that roosters would be grandfathered, or allowable with a distance of 100’. Mayor Johnson closed the public hearing at approximately 6:50 p.m. Council Member Rains asked if the second reading could be held until the next regularly scheduled City Council meeting? She noted that she feels the ordinance should include a section regarding the coop being mobile and other cleaning regulations. City Attorney Friedman stated that we currently have Code that covers housing and pens, as well as the cleaning. Council Member Blevins moved, seconded by Council Member Twitty to APPROVE Ordinance 1666 AS AMENDED on FIRST READING and SUSPEND THE RULES and place Ordinance 1666 on SECOND READING. ROLL CALL: Council Member Blevins, Traylor, Twitty, Smith, and Rains voted AYE. Council Member Dietz, Bolden, Sansing, and Ray voted NAY. Discussion ensued and it was clarified that it takes two thirds vote to amend the ordinance or to place it on second reading. It was clarified that MOTION FAILED. b. Request to accept bid: Renovations to Courtroom Mayor Johnson introduced and recognized Mr. Gary Clements, the architect that is helping to renovate the Courtroom. Public Works Director Jim Oakley referenced the bond monies, saying that there was a big need to remodel the courthouse, which was in disrepair. He noted that the largest part of the old Police Department has been remodeled and the courtroom has been demolished to make it larger. He explained that Mr. Clements was hired to help with the redesign and we have gone out for bid. He presented the bids, saying that Mr. Clements has worked with the low bidder on several projects. Council Member Traylor moved, seconded by Council Member Ray to ACCEPT the low bid from Bell Construction in the amount of $446,570.00 as presented. In response to a question from Council Member Rains, Mr. Clements stated that the City Council should ignore the section regarding Alternate #1 which is not being proposed for acceptance, explaining that it was an additive alternate. He stated that we are in a period of time where materials are hard to get, they are expensive and labor is even worse. So, the wall panels in the courtroom and the wall behind the Judge is going to have a wood appearance but is actually made out of ridge board that will have a wood covering on it. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. He stated that there was concern of getting tradesmen who would know how to install that and it being economical, so we substituted a different material. It turned out to be more expensive so we will be getting the original materials. At this time, MOTION CARRIED. c. Sale of Sunnyside lots Mayor Johnson explained that he was contacted about purchasing a lot in Sunnyside Addition, introducing Mr. Barry Thomas, the owner of Conway Fence Company located in the previous Western Auto building. He explained that they purchased 104 Central and are wanting to purchase 102 in order to expand the rear or even to replat and put the house in the middle. He related that it was a burned-out house and it has already been torn down. He stated that it would improve the lot and the neighborhood with a better house. Council Member Blevins noted that the lot was priced for $750.00, asking how the value was derived. Mayor Johnson stated that it was because Mr. Thomas saw what was offered at the last City Council meeting, noting that Mr. Thomas is purchasing the burned-out house and helping the neighborhood and keeping the City from having to tear down the house. He stated that if it is accepted by the City Council, we will have a resolution at the next meeting. He stated that Mr. Thomas has made an offer and it is being put before the City Council. He then answered that the lot is pretty much the same size as the lot that was offered in Sunnyside. Council Member Sansing stated that the City owns too many of these lots, adding that we are not in the process of trying to make a profit, we would be better off selling these for what we can and get them off of the mowing list. Council Member Dietz related that he has seen the lots, adding that the lot is 60’ X 80’, which is the size of the majority of the lots. He stated that the lot is very small and most of the homes are two or one bedroom with one bath. He stated that he feels if we can get $750.00 for most of the lots, the City needs to move forward. He offered to compile a list of the lots owned by the City and the dimensions. He then answered that an appraisal of $750.00 is a decent price in any terms to sell those lots. He stated that he is sure some of them are $500.00 and some are $1,000.00 but the average price is how you achieve an appraisal. He stated that some owners have been willing to give the lot for free just to keep from having to maintain them and keep paying taxes on them. Council Member Bolden stated that the City is not stuck at $750.00 but that was the offer based on the previous lot sold by the City, adding that the maintenance is the pressing issue. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. Council Member Blevins stated that he would like to know what the average price for square footage for land is in this area. Public Works Director Jim Oakley stated that the City tried to sell every lot of land in Sunnyside multiple times, and got zero bids. Parks and Recreation Director Kevin House stated that there are numerous lots that we can not sell, advising that we should sell every one of them that we can because that is less mowing for his staff. Mayor Johnson noted that the price per lot is approximately $40.00 for each mowing. He then clarified that the burned-out house was not purchased from the City, explaining that they want to purchase the adjacent lot of 102 Central in order to construct a larger home. Council Member Traylor stated that he would be interested to know how much they paid for the lot that had the burned house, saying that should be the value of the lot next to it. City Attorney Friedman conferred with Mayor Johnson that the County has the lot appraised at $1,000.00 and accessed at $200.00. Council Member Rains stated that she does agree that there is a miscommunication regarding the $750.00, saying that there is information that it has been appraised for $1,000.00. She stated that very close by at 626 Stevenson Street there is a vacant property listed at $6,000.00 and the last time this property was listed was in 2017 for $5,000.00. She stated that without having more information, we should postpone this, look at the information that is in front of us and make a decision based on information. She stated that this is not any information what so ever. She related that after the last meeting it was brought to her attention that these properties have gone to auction and people have bought them and then the City has gone back and purchased them back from the people who purchased at the auction. She stated that this does not make sense. City Attorney Friedman stated that legally that cannot happen. Council Member Rains stated that legally speaking, you have 100 days. Council Member Traylor questioned if the City ended up back with the lot because the purchaser forfeited? City Attorney Friedman clarified that if a property owner gets a notice from the Land Commissioner that the property is going to be auctioned off for failure to pay taxes then there is time to reconcile that, adding that once someone has bought that property, she is not aware that there has been an instance where we went back and tried to reclaim the property from someone. 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. Council Member Rains stated that she is saying that the City needs to be very clear from here on as to what we are doing as a City and how we are operating, because there are people that are interested in this that have scorned from years back of a situation like that happening. She stressed that she does not believe it happened during the present Administration. She stated that the property is not valued at $750.00 and she does not feel that is reasonable. Council Member Dietz stated that there is a big difference between the lots on Stevenson Street, which is larger and in a more desirable area and a small lot that is barely buildable on. He reiterated that if the City can get people to purchase those lots for $750.00, it is a good deal. He advised that he would not do anything to hinder the City from getting all the money that we can. He noted the maintenance costs and mentioning that these properties were put out for bid with no response. Council Member Blevins stated that it seems at the price of $750.00 there has been an increase in interest, saying that it is obvious that the time period when the land was offered before is different than the response now. He stated that he feels we need to find out how much this lot of land is worth. Council Member Bolden moved, seconded by Council Member Sansing to authorize a Resolution to execute the sale of two lots in Sunnyside Hills Addition for $750.00. Council Member Rains asked for clarification. Mayor Johnson stated that we are providing for the sale of this lot and at the next meeting we will have a resolution that will allow for an agreement to sell this lot and the previous lot for $750.00. City Attorney Friedman then explained that typically a resolution is the intention of the City Council. ROLL CALL: Council Member: Dietz, Bolden, Sansing, Ray, Traylor, Twitty, Smith, voted AYE. Council Member Blevins voted NAY. Council Member Rains ABSTAINED. MOTION CARRIED. d. DISCUSSION Ward Redistricting Mayor Johnson explained that cities always redistrict following a Census, he referred to a map that was given to the City Council members, then explaining that there are no Ward changes except for Wards 5 and 1. He related that part of Ward 5 has been put into Ward 1; noting the population information on the map. He stated that Ward 1 is the highest with 9,539 and Ward 4 is the smallest with 5,786. He stated that this puts Jacksonville within the guidelines of 5% margin. He noted that the ordinance for adoption would be at the next regularly scheduled City Council meeting. 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. In response to a question from Council Member Traylor, Mayor Johnson responded that this would not affect any current City Council Member ability to remain as representative of the Ward they are living in. e. DISCUSSION City email addresses for Council Members IT Director Emily Osment stated that it would not be problem for City Council Members to have City email addresses. She related that the best way to do that would be to assign emails to the particular Ward and position. She then added that each City Council Member would have to change their password every 90 days, which would involve coming to City Hall to change the password on the City network. She explained that going forward the City is going to Office 365, so we will have to pay for each mailbox. She then answered Council Member Rains that the cost per mailbox under Office 365 is $8.00 annually. Council Member Rains stated that the direct concerns are freedom of information, having the professional look when talking to other State and other municipal officials, and other cities have email addresses for their council members. She stated this is whether we are taking that step to securing our IT security and having access to that IT specialist or not. Director Osment related that new employees to the City are told that if they put their City email on their personnel phone it is considered a device that falls under the freedom of information act. Council Member Sansing stated that he already has two emails and does not see the need for another one that says City of Jacksonville in front of it because he already gets his stuff from the City when he needs to. He also stated that he has enough trouble remembering passwords as it is without coming to City Hall every 90 days and changing his password. Council Member Twitty and Smith concurred with Council Member Sansing. Council Member Rains stated that it is having that IT security, saying that she does not see making this as a requirement. In response to a comment from Council Member Traylor, Mayor Johnson stated that he does not see a problem with a Council Member having a City email address if the City Council does not mind paying $8.00 to have one. IT Director Osment confirmed that any account unused could be deleted. In response to a question from Council Member Traylor, Mayor Johnson stated that the City Council would need to approve Council Members having City email addresses. Council Member Traylor stated that he does not want one but he would not have a problem with anyone else who does want one. 13 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. Mayor Johnson stated that City Attorney Friedman stated that if anyone wants one to go work it out with IT. f. DISCUSSION Facilitate Executive Session with Zoom Council Member Blevins stated that earlier this year, the City Council had an issue with Zoom and Executive Session; which could have easily been remedied but we opted to allow for an Executive Session. He stated that he is concerned why the City is still doing Zoom and feels, since the second wave of the pandemic was less than predicted, we should be fine to come back and not do Zoom. He added that if we do continue to do Zoom, we need to make a contingency plan for Executive Session because that restricts the City Council from doing their job. Mayor Johnson stated that he thought that any City Council Member on Zoom would be called by one of the Council Members and put on speaker if we go into Executive Session. Council Member Blevins stated that would be inefficient because it would be easier to create another private room with Zoom and send that information to just the Council Members that are not present. Council Member Traylor questioned the presence of anyone else on the phone, saying that is why he is opposed to having a Zoom in Executive Session. He said that he has trust issues regarding who would be on the other side of the phone. Council Member Blevins stated that if we have trust issues with the people that are on this Council, that is a bigger problem than Zoom. Council Member Traylor stated that he did not elect anyone on Council, other people did, and if he has a problem with that he can live with that but that does not mean he has to trust everything. Council Member Blevins cited instances where he has tried to go into Executive Session and it was promised but shut down again. He stated that there are some H.R. issues that still have not been brought up for almost an entire year. He reiterated that there needs to be a contingency for Zoom if we are going to use Zoom. Council Member Traylor stated that in his opinion, the best contingency is that if you are present then you go into Executive Session and if you’re not then you miss it. Council Member Bolden concurred. Council Member Twitty questioned why we are still Zooming? She reported that the numbers are down, we are going into budget, why are we still Zooming? Mayor Johnson stated the Zoom is about to end. 14 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. City Attorney Friedman stated that the Resolution passed initially said that whenever a State of Emergency has been declared then we can meet by Zoom, but from my understanding that has either lapsed or is about to lapse. Mayor Johnson stated that it is about to lapse and our next meeting may not be able to be Zoomed. He assured that we will not be Zooming much longer if any. g. DISCUSSION Combine offices of CDBG Director and Economic Developer Council Member Blevins stated that when running for Mayor, you were in favor of hiring an Economic Developer, now we are almost three years in and there has not been any seen attempt to hire one. He recalled that he brought it up and there were some mixed emotions about an Economic Developer so we did not pursue that further. He noted that also during that time the CDBG Director gave her two week notice back in October and she is now still currently the CDBG Director, a year later, after she gave her two week notice to retire. He related that the City is paying a 40% premium to keep her here. He stated that we have a person who has done tons of economic development training, who is already getting money from the A&P Commission to do economic development. He related that his thought was to combine that position with the CDBG Director position and create a new position that entailed both economic development and CDBG. He stated that this would free up more money for the CDBG grant which is only about $210,000 annually and this would free up more money for the low to moderate income family. He stated that it seems like a win/win. Mayor Johnson stated that he feels that it is two different skill sets. Council Member Sansing concurred, saying that it is two completely different skill sets. He stated that CDBG deals with writing the grants and dealing with the Federal Government, he added that Theresa Watson has been very good at this. Whereas, the individual you are talking about, has shown that she is doing a real good job at economic development, they are two completely different skill sets. He stated that one person cannot put the appropriate time, split between two jobs; they need to be separate directors. Mayor Johnson stated that he would be concerned with mixing Federal monies with City money as well. Council Member Twitty questioned how many hours Theresa Watson works weekly. Mayor Johnson answered that she is contracted but she is not really making a premium if you took into account what we paid in retirement and insurance that we do not pay anymore. Council Member Twitty noted that Ms. Watson wanted to retire a year ago and one year later she is still here. Mayor Johnson stated that the job is posted and we have gotten a few applications in, we are hoping to hold interviews later this month. 15 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. Council Member Sansing stated that he does not mind having someone new come in but he believes the two positions should be separate. Council Member Twitty stated that when we talked about Ms. Watson coming back it was discussed that it would not be that many hours per week. Council Member Blevins recalled that it was 20 hours weekly. Mayor Johnson stated that she is not hourly, she is contract to meet the requirements of CDBG and we are trying to hire someone the best that we can. In response to a question from Council Member Blevins, Mayor Johnson answered that he is not sure if the CDBG Director is allowed to have another job. He pointed out that if you are Mayor, you are allowed to have another job; if you are a Council Member, you are allowed to have another job; if you are City Attorney, you are allowed to have another job. Council Member Blevins stated that we could bring her in and she gets trained just the same as any other person that we would bring in to do this job gets trained and then we use the other monies paid by A&P to have an Economic Developer. He continued saying that it would not be full time for both positions. APPOINTMENTS: UNFINISHED BUSINESS: Environmental Committee recommendations Council Member Rains stated that they have already made their recommendations but she wanted to follow up with that and see when we are going to start a feasibility study. Mayor Johnson stated that he does not believe the City Council passed a feasibility study. Council Member Rains stated yes, two meetings ago we met and I had my Environmental Committee presentation where I also discussed the City Engineer position. She stated that she told the City Council that it is not the same thing, and that Public Works Director Jim Oakley and her do not want the City Engineer doing the feasibility study but that the City Engineer position need to be back online and that was our recommendation to go into a feasibility study. Mayor Johnson reiterated that the City Council did not vote on a feasibility study. He stated that the City Council would have to vote on that to do it. Council Member Rains stated that it was not voted on because a feasibility study would be less than $20,000.00. Council Member Bolden stated that it is still money that we have to make sure it is in the Budget. 16 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. Mayor Johnson stated that he has not seen a quote for a feasibility study, how much it would cost or who is going to do it. Council Member Rain stated that they do not have a quote, we are wanting to do a feasibility study. Mayor Johnson stated that it would go through Engineering if it is under $20,000.00; it does not have to come before the City Council. Public Works Director Jim Oakley stated that he does not have it in the 2021 Budget. He answered that he would need clarification regarding what the feasibility study is for. Council Member Rains stated that the citizens were telling us that they were wanting the curbside recycling program back, they were also saying they did not want their taxes increased and so the Environmental Committee came together and we met over several meetings, trying to figure out a way to get a check box on all of those things while still providing them a curbside pickup. She continued saying that their recommendation is to invest in an anerobic digester that is rated for 10,000 pounds of biological material annually. She noted that if we used it at mass production, it would take care of all of our electricity needs for the City. Mayor Johnson stated that the City Council needs to know what was discussed at that meeting and who was there to discuss it. Council Member Ray stated that he missed that meeting. He stated that his recommendation was no, because they were talking about an anerobic digester and we were going to get the Wastewater manager and have a meeting, saying that it is too expensive for the City of Jacksonville. Council Member Rains stated that was not what was discussed and unfortunately moving forward we will not be able to partner with Jacksonville Wastewater because they produce a Class B sewage, which according to the Department of Environmental Quality, we are not allowed to use that as an input. Mayor Johnson stated that we would get minutes and the recording so the City Council can hear what was said at the meeting. In response to a question from Council Member Smith, Council Member Rains answered that the Committee consist of herself, Council Member Ray, Public Works Director Jim Oakley and also Jasmine Wakefield. Council Member Blevins noted that he attended the last Environmental Committee meeting, and there was an issue with the electronic and they were not able to be heard. He continued saying that the meeting was adjourned and nothing was talked about it. 17 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. Council Member Rains stated that it was prior to that meeting when it was discussed the three-part process of having the anerobic digester, using the digestate for the beautification program. She stated that with an anerobic digester you can literally put in anything that used to be alive; so that is a lot of different inputs that you have to narrow down and what was mentioned is that we had the possibility of using solid waste. She then added that however, Jacksonville Wastewater produces a Class B solid waste so we will not be able to use it. Mayor Johnson asked that she get with the City Clerk and get minutes that she wants the City Council to see. ANNOUNCEMENTS: Townhall Meeting: Introduction to Jacksonville Municipal Government Council Member Rains stated that she got some feedback from her email regarding the introduction of municipal government, but she did not get feedback from all of the Directors; saying that she wants to make sure that everybody has the opportunity to speak on if this is a conflict with their schedule and if it is then maybe we can reschedule. Mayor Johnson stated that he has had townhall meetings, he can call them and ask the City Council and Directors to attend but cannot force them to attend, it is mainly for the citizens. He stated that if she wants to hold a townhall meeting give us a date and time and whoever wants to show up, they will. th Council Member Rains stated that currently it is October 19 @ 6:00 p.m., however there is a conflict with it being on Tuesday and somebody was requesting for it to be on Thursday. She stated that she wants to be as inclusive as possible, so what do we need to do. She added that as a leader, it is her position to make sure she is being as inclusive as possible. Mayor Johnson concurred, saying that she needs to set when the meeting is, notify everyone and if they can show up, they will. th Council Member Traylor noted that the Thursday after Tuesday, October 19 would be a City Council meeting day. Council Member Rains stated that it needs to be situated now if we are going to have it on a Thursday. City Attorney Friedman stated that she and Mayor Johnson had discussed this, proposing that she may have better feedback if it is held before a City Council meeting because everyone will be here anyway. Mayor Johnson stated that he is not sure how long the meeting is planned for, adding that if it is held 30 minutes before the City Council meeting there might be more participation. 18 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2021 6:00 P.M. – 7:49 P.M. Council Member Rains stated that the meeting would be an hour at most, adding that if the citizens have a lot of questions. She stated that if we are going to have a meeting a 5:30, it does not give the citizens a lot of time to get off work and come to City Hall and this is for their benefit. Council Member Traylor suggested moving the City Council back to 7:00 p.m. for one evening and allow Council Member Rains to host her meeting. Council Member Bolden stated that she could host the meeting on an alternate Thursday. Council Member Blevins stated that he believes the point was to hold it before a City Council meeting in order to have as many City Council Members as possible. Council Member Bolden stated that the meeting is for the community and it should not matter how many City Council Members attend. He recommended having it on an alternate Thursday instead of the same Thursday as City Council. Council Member Rains stated that she wanted to do whatever is most inclusive, adding that it is not just for the City Council members. Council Member Ray concurred that it would be better to host it on an alternative Thursday. Council Member Bolden stated that it should not depend on which City Council members can attend. Discussion ensued and she stated that she could record the meeting, so stated th that she would stay with the 19 at 6:00 p.m. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:49 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 19