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21 SEP 16 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2021 6:00 P.M. – 7:26 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 September 16, 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, Twitty, and Rains answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8) ABSENT (2). Council Members Traylor and Smith were absent. Others present for the meeting and by Zoom were: City Attorney Stephanie Friedman, Fire Chief Alan Laughy, Police Chief Brett Hibbs, Lieutenant Ryan Wright, Finance Director Cheryl Erkel, Mylissa Griggs, Shawn Sutterfield, and Johnny Simpson. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of May 20, 2021 for approval and/or correction. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Bolden moved, seconded by Council Member Sansing that the minutes of the regularly scheduled City Council meeting of 20 May 2021 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Council Member Bolden moved, seconded by Council Member Ray to approve the regular monthly report for August 2021. AUGUST PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 6 Building Inspections 26 Business Licenses Electrical 48 Plumbing 33 HVACR 23 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Council Member Bolden moved, seconded by Council Member Ray to approve the regular monthly report for August 2021 from the Jacksonville Fire Department, reflecting a fire loss of $126,000.00 and a savings total of $119,000.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Council Member Bolden moved, seconded by Council Member Ray to approve the regular monthly report for August 2021. ADOPTION FEES/FINES $ 340.00 CONTRIBUTIONS 0.00 TOTALS $ 340.00 ROLL CALL: Council Member: Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Twitty, and Rains voted AYE. MOTION CARRIED. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2021 6:00 P.M. – 7:26 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. SECOND 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, 18.40.020, 18.40.030, 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 Sansing moved, seconded by Council Member Bolden to APPROVE Ordinance 1669 AS AMENDED on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Twitty, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1669. Council Member Twitty moved, seconded by Council Member Dietz, to TABLE Ordinance 1669 until Council Member Traylor is present. MOTION CARRIED. b. FINAL PLAT: Jaxon Terrace Phase 15 Engineering Tech Mylissa Griggs related that the streets are completed, adding that there are a couple of manholes that are going to be tested at 8:00 a.m. tomorrow morning. She also stated that they have a few minor water items, saying that they would hold the signatures until those are addressed. Council Member Dietz moved, seconded by Council Member Bolden to APPROVE the Final Plat of Jaxon Terrace Phase 15. 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. Mayor Johnson opened the public hearing at approximately 6:06 p.m. Council Member Blevins moved, seconded by Council Member Rains to place Ordinance 1666 on FIRST READING. ROLL CALL: Council Members Dietz, Blevins, Twitty, Rains voted AYE. Council Members Bolden, Sansing, Ray, and Mashburn voted NAY. With there being a tie vote, Mayor Johnson ABSTAINED. MOTION FAILED. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2021 6:00 P.M. – 7:26 P.M. Discussion ensued as to this being a public driven ordinance and if there would be any further discussion in lieu of being able to pass without a 2/3rds majority vote. Mayor Johnson stated that it would not be proper to discuss the ordinance without being able to put it on First Reading. Several comments were made regarding stances, for or against, among the City Council members. City Attorney Friedman related that the public hearing is still open and the public could be allowed to address the ordinance. Ms. Alicia Diaz stated that she is a life-long resident of Jacksonville, currently living in Jaxon Terrace. She related that immediately squashing something, even just the reading of the Ordinance, saying that she feels there needs to be more transparency. She related that she is concerned that things happen in the City that nobody knows about. She said that she understands that chickens can be a little stinky and messy, adding that she knows neighbors have dogs that are just as stinky, messy, noisy and just as much of an escape artist as a chicken might be. She stated that in small quantities, chickens are not terrible. She related that when she did research, she had friends tell her there is a current ordinance which allows people to have chickens but no roosters. She pointed out that it specifies a significant distance between the hen house and a home of 100’. She stated that she feels this is absorbent, because if you look at the other cities in our area, it is 25’. She continued saying that she feels limiting the number is fine and may be a good compromise, adding that she could even support the $10.00 fee to the Jacksonville Animal Control since it would support the animals and Hedy does a great job for the City. She then declared that limiting it because it is going to make Jacksonville a farm community is a little ridiculous by simply having up to six chickens, as stated in the Ordinance that you are not going to read tonight. She added that she respectfully asked that the City Council reconsider, saying that there are some people who have taken to chicken farming in town, simply because it brings us back to nature. She stated that they have an inability to move out of town, then asked the Council if they want an influx of people moving out of town, losing those tax dollars. She related that she homeschools and part of that is teaching nature. She again asked the Council to reconsider, adding that if it needs to be amended then fine, but do not blatantly say that it is going to do one thing or another to the town because it is not. She stated that her neighbor can have several dogs because they foster, emphasizing that she is talking double digits. She asked the Council how limiting chickens is a bad thing. Council Member Rains commented that one of her constituents pointed out to her that 10 chickens is the equivalent to the same amount of waste as a 40- pound dog. Ms. Diaz explained that urban chicken farmers are resourceful with that waste. She stated that it can be a good thing for the City when it is limited. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2021 6:00 P.M. – 7:26 P.M. Mayor Johnson pointed out that most bills of assurance for subdivisions do not allow chickens regardless of what the City decides. Council Member Twitty noted that this Ordinance would not have anything to do with those subdivisions but it would address other areas of Jacksonville that is not restricted by the bill of assurance. Council Member Sansing stated that people in society accept dogs and cats in their neighborhoods, adding that the people he has spoken to do not want or accept the idea of farm animals in their neighborhoods. He stated that they live in the City specifically, a lot of times, to get away from where they use to live in the country. He reiterated that a lot of people living in the City do not want chickens or for their neighbors to have chickens because they do not want chickens next door. He stated that he will respect those wishes. Council Member Blevins related that he does not understand why Council Member Sansing is okay with the people who do not want it but are dismissing the people who do want them. He confirmed that Council Member Sansing had zero people who contacted him that expressed they wanted chickens. Council Member Sansing stated that he would amend that to one person who called him last night, saying that he had a very good conversation with that young lady and he explained to her that it was the same thing as he has said before, it is an emotional issue of acceptance to the citizens. Council Member Blevins pointed out that it is easier to accept not changing than having some kind of change, adding that he feels it is a disservice in general to not even read the Ordinance. He then offered that they have changed this in other cities and those cities have experienced growth while our City has 4% growth while others have 11%. Mr. Greg Holloman, a resident of Stonewall Subdivision, stated that he has had an issue for a while, explaining that he works overnight from 6:00 p.m. to 6:00 a.m. and deals with a howling blood hound for years. He recounted that he has lost sleep and had to call Animal Control with no results, they asked him to stay up and record this blood hound. He explained that he cannot get any sleep and do that. He stated that he pays his neighborhood association fees and abides by the rules but he has had to deal with that, adding he has had to deal with Mary Twitty because it is her relatives with the chickens. He asserted that these chickens do not belong, saying that if you have chickens in a residential neighborhood, that waste dries up and becomes airborne then you have respiratory issues. He related that he hears a rooster crowing out his back door all day and this is annoying. He stated that if you are in violation of the homeowner’s policy this should not even be brought up, because you are breaking the rules and you are not considerate of your neighbors or your neighborhood. He stated once you start allowing chickens what are you going to allow next? He added that rules are to be followed by everyone and you cannot be selfish and inconsiderate of others. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2021 6:00 P.M. – 7:26 P.M. He reiterated that there is no place for chickens in neighborhoods, adding that chickens are not going to influence growth in Jacksonville. He stated that he did not move to Jacksonville because of what animals he could or could not have. He added that he came because of the quality of people and the neighborhood, the location of Jacksonville to shopping, eating, and work. Council Member Twitty stated that she went out of her way to help him with the blood hound. She then pointed out that it does not matter what the City Council decides on the chickens, there are places where they are allowed, they are not allowed in Stonewall and we are not trying to change that. She then added that she is not aware of any rooster that crows all day. Mr. Holloman stated that he does not feel that she should even have a say so because it is her relative and it is a conflict of interest. He added that he feels she has overstepped her boundaries by calling him after hours after taking his number from when he called to report the issue. He related that Animal Control told him to call the Mayor’s office or Code Enforcement and you called me after hours, saying that he did not give his number. He stated that he did not want to talk about that and you did not help me. Council Member Twitty stated that the decisions she makes as a Council Member is not for Stonewall or her relatives. Mayor Johnson pointed out that we are talking about the Ordinance and chickens in the City as a public hearing. Council Member Twitty affirmed that she is making it clear that what we are doing up here is not for Stonewall or her relatives, so she does have a voice in this because I voice for the citizens that have called me, not my relatives. Ms. Britney Carter stated that whatever happened with this personal experience should be irrelevant, Stonewall has their own laws, saying that she knows that now and made a mistake by having a chicken that grew up to be a rooster. She explained that her son is greatly attached to it, so she had a hard time getting rid of it, which she should have done. She noted that she apologizes to Mr. Holloman for that, adding that they are out of her yard now. She stated let’s get that out of the way and please get the perception of chickens and HOA’s gone because that is irrelevant. She related that we are here for the City of Jacksonville and she would not want her incident with anybody to represent the people of Jacksonville because that would not be fair for them. She stated that we as tax payers feel like they should be allowed to own any pets we want as long as it does not affect the neighbors in a negative way. She pointed out that as everyone knows, we are allowed to have chickens in Jacksonville, we are here to propose amending the distance requirements, not make a new one. She expressed that this would allow more citizens, if they choose, to have backyard chickens. She stated that they are asking to allow the people of Jacksonville to have only six chickens, noting that as stated earlier, it takes ten chickens to produce the 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2021 6:00 P.M. – 7:26 P.M. same amount of feces as one 40-pound dog. She continued saying that dogs and cats seem to be okay. She acknowledged that if you never clean the chicken coup then it will start to smell just as a dog’s kennel or a cat’s litter box. She stated that there are laws against animal cruelty, neglect, and abuse; so that applies to all pets. She pointed out that chickens are no different in that regard. She agreed that while roosters can be noisy, we are talking about chickens. She stated that the Ordinance has nothing to do with roosters, pointing out that is off the ordinance that is in play. She affirmed that the loudest noise a chicken makes is 70 decibels which is equivalent to a conversation between you and your neighbor in your backyard, so animal control will not be getting calls about chickens but they will about a howling blood hound. She asserted that legalizing backyard chickens will not negatively affect the property values. She stated, where are the people who are so anti-chicken. She stated that people have small coups in the backyard and their neighbors do not even know. She related that it is not hurting anybody, why can they not do what they want to do in the City. She pointed out that they pay their taxes. She stated that having chickens has become as popular as having a dog or cat, they are great for families and children, if it can give them a companion and shows them how to be responsible and can be very educational. She related that her son stayed in his room until he got chickens, at his school they brought a silky chicken for show and tell and he came home and talked about how much he loved chickens. She stated that they were not aware that you could not have chickens in Stonewall, and that they were 10’ shy of meeting the Jacksonville ordinance for chickens. She explained that they were called with a search warrant to get rid of her chickens and she did so. She related that she is here to fight one battle and she will take care of the HOA another time because they have no voice in Stonewall. She stated that with all the uncertainties in the world, people need to feel that they can somewhat be self-sustainable if times get tough and you cannot buy eggs. Council Member Blevins stated that since you came in late you may be unaware that the Ordinance vote was 4 to 4 to be placed on First Reading and it was not read. Mayor Johnson stated that he chose not to vote to break the tie. Mayor Johnson closed the public hearing at approximately 6:33 p.m. b. Sale of Sunnyside lot Council Member Dietz stated that there was a resident in Sunnyside who had been maintaining a vacant lot next to his residence but got into trouble with Code Enforcement for parking his vehicle at the vacant lot. He explained that he had three brokers in Jacksonville who came up with the value of the lot saying that most of the lots in Sunnyside, in their opinion, would be valued at $750.00. He noted that most of the lots are not buildable because they are too small. He stated the City is not in the business of owning residential property and if we do own it we have to maintain the lots. He 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2021 6:00 P.M. – 7:26 P.M. related that licensed brokers are allowed to come up with a fair value and by doing it that way we do not have to pay for an appraisal, which is more than the value of the lot. He noted that the City owns more lots. He noted that if the resident buys the lot he could combine the two lots through a process with the Planning Commission. Mayor Johnson clarified that Council Member Dietz was not one of the brokers who submitted an opinion. In response to a comment from Council Member Blevins, Council Member Dietz related that the opinion was from Daniel Gray, Rick White and Andy Gibson. Council Member Bolden pointed out that the citizen has been taking care of the lot for years and he is glad we could offer this to him. Council Member Sansing moved, seconded by Council Member Bolden to sell lot 172 in Sunnyside Addition for $750.00 to the adjacent neighbor. Council Member Rains stated that her research showed that the lowest estimate was $1,000.00. She then noted that they had spoken about amending the price for the mowing that the resident did on behalf of the City. Council Member Dietz stated that then we would owe him money and we are not in the business of providing citizens with free property because they mowed it. Mayor Johnson noted that the resident thought the property was still owned by Mr. Davidson and was unaware the City now owned the property. Mr. Davidson had given him the right to mow the property and park his truck there. In response to a comment from Council Member Rains, Council Member Dietz stated that he does this type of transaction daily and if he could get more value for the City, he definitely would. At this time, MOTION CARRIED. c. Request to accept bid: Professional auditing services Finance Director Cheryl Erkel explained that they went out for bid and only received two bids. She stated that the bids were reviewed by herself, her assistant director, and a lady that works for the City of North Little Rock in their finance department. She related that their recommendation would be for BKD because the other company has not audited any cities or have any experience with the Annual Comprehensive Report. She then related that they did not even acknowledge our Government Finance Officers Association in their bid. She stated that BKD is very experienced. Mayor Johnson related that our current auditor is retiring and will not be here next year. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2021 6:00 P.M. – 7:26 P.M. Finance Director Cheryl Erkel then answered Council Member Blevins that this would be a contract for three years and is that amount for each one of the years. She then related that the amount is based on an hourly rate and if they do not need as many hours as they put into the bid, we would not pay as much, then answering that she believes the amount is capped at the $83,200.00. She then answered Council Member Blevins that last year the City paid approximately $45,000.00 for auditing services. In response to a question from Council Member Blevins, she answered that she relies on the previous auditor to help guide her with passages regarding the new rules. She stated that she would need to be able to rely on the new auditor to guide her to make sure she is doing it correctly. She explained that she sent bid packets to all the auditors in Little Rock, North Little Rock, and those were the only two that responded. Council Member Bolden stated that experience matters because if there is a problem they will not go after the auditor but our City. Council Member Rains questioned why BKD was not rated as high as EGP on question #4. Finance Director Cheryl Erkel related that BKD has some disciplinary actions and some litigations and EGP did not have any. She then answered that the extra funds for BKD will come out of the General Fund. Council Member Bolden moved seconded by Council Member Sansing to call for a question to the motion. MOTION CARRIED. Council Member Sansing moved, seconded by Council Member Bolden to accept the bid from BKD in the amount of $83,200.00 as presented by the Finance Department. MOTION CARRIED. d. Request to accept bid: 2021 Striping Program Engineering Tech Mylissa Griggs stated that the item was put out for bid and we received one bid from the same bidder that did the striping program year before last year. Council Member Ray moved, seconded by Council Member Blevins to accept the bid from AF&G in the amount of $38,641.13. MOTION CARRIED. e. Request to accept bid: 2021 Construction Equipment Building Engineering Tech Mylissa Griggs related that this bid is for the construction of the Construction Equipment Building for the Street Department. Two bids were received and the low bid was from CLH General Construction. She stated that the bid shows no insurance or specs met but the proof of insurance and the bid bond was not required so that was a moot point. She stated that the building is for additional storage. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2021 6:00 P.M. – 7:26 P.M. Jeff Gibson speaking on behalf of the Street Department, explained that they are turning the old building into the new City Garage and the new building will be used for equipment. In response to a question from Council Member Rains, Mylissa Griggs answered that the bidder does have insurance and will be required at contract signing to provide the insurance certificate and the performance bond. In response to a question from Council Member Blevins Finance Director Cheryl Erkel stated that the funds for this project are coming from Street Funds. It was noted that funds to build a new garage would be used to retrofit this building. Council Member Ray moved, seconded by Council Member Bolden to accept the bid from CLH General Construction in the amount of $102,012.00 with funds to be drawn from the Street Fund. MOTION CARRIED. f. DISCUSSION City email addresses for City Council Members Council Member Rains noted that Council Members are using their personal email addresses which does not look professional when reaching out to other representatives of the community within other municipalities and within the State, but it is also a potential safety concern. She stated that if someone who is polarized reaching out through personal email, IT has no way of knowing the IP address or any contextual information that would assist them in making sure that representatives are safe. She added that when it comes to FOIA’s, getting information from Council Members can be difficult because of a lot of those email strings being on personal emails. She suggested that if they had a City Council email it would be very easy for them to have transparency in our community. Mayor Johnson stated that he would like to have Emily Osment, IT Director here to explain the pros and cons. He offered that it could be discussed at the next meeting. He related that it had been discussed that the email addresses could be assigned by Ward and Position so that it would not have to be changed if the Council person changed. g. Military Times 2021 Airman of the Year: Senior Master Sergeant Jeremy Mayo Mayor Johnson related that Senior Master Sergeant Jeremy Mayo is a 2001 graduate of Jacksonville High School and is currently the 2021 Airman of the Year for the Air Force. He then related that his brother is also a Tech Sergeant in the Army and is currently overseas. He stated that they deserve recognition as a Military Family and as one of our own. He explained that he sent Jeremy and his brother a coin each and thanked them for their service. APPOINTMENTS: 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2021 6:00 P.M. – 7:26 P.M. UNFINISHED BUSINESS: Council Member Blevins moved, seconded by Council Member Rains to suspend the rules and discuss unfinished business from last Council Meeting. ROLL CALL: Council Member Blevins, Mashburn, Twitty, and Rains voted AYE. Council Member Dietz, Bolden, Sansing, Ray voted NAY. With there being a tie vote, Mayor Johnson voted AYE. Without two-thirds vote of AYE, MOTION FAILED. Mayor Johnson advised Council Members Blevins and Rains to have their items listed on the following agenda for discussion. Council Member Twitty questioned if there would be an opportunity at the end of the meeting to have open discussion and Mayor Johnson stated that normally that is an opportunity for the audience members and not the City Council. ANNOUNCEMENTS: Mr. Johnny Simpson expressed his interest in purchasing a Sunnyside Addition lot from the City. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:26 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 10