22 APR 7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 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 April 7, 2022 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 or by zoom were: City Attorney Stephanie
Friedman, Fire Chief Alan Laughy, Police Chief Brett Hibbs, Public Works
Director Jim Oakley, Finance Director Cheryl Erkel, Parks and Recreation
Director Kevin House, CDBG Director Benita Bosier-Ingram, Lieutenant Ryan
Wright, IT Director Emily Osment, Animal Control Manager Jamie Parker, Aaron
Robinson, and Johnny Simpson.
PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regularly
scheduled City Council meeting of February 17, 2022 and March 17, 2022 for
approval and/or correction.
APPROVAL AND/OR CORRECTION OF MINUTES:
Council Member Rains moved, seconded by Council Member Ray that the minutes
of the regularly scheduled City Council meeting of 17 February 2022 and 17
March 2022 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT
Council Member Bolden moved, seconded by Council Member Mashburn to approve
the regular monthly report for March 2022.
MARCH
PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED
Building Permits 18 Building Inspections 20
Electrical 47
Plumbing 53
HVACR 18
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Council Member Bolden moved, seconded by Council Member Mashburn to approve
the regular monthly report for March 2022.
ADOPTION FEES $ 880.00
FINES 960.00
CONTRIBUTIONS 1,050.00
TOTALS $ 2,890.00
1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
Council Member Blevins noted that the Animal Control report stated there were
52 adoptions and that they waived 52 adoption fees, but there was $880.00 in
adoption fees received. He questioned what the adoption fees were for if the
fees had been waived for all adopted animals.
Animal Shelter Supervisor Jamie Parker responded that she did not realize
that the adoption stuff was on the agenda tonight. She replied that the 52
adoptions were a combination of the JFOTA and the City adoptions. She related
that the $818.00 is from the payment of the City adoptions. She explained
that when someone adopts through the City fund, and they pay the $55.00
adoption fee, that is what goes to the City for the adoptions.
Council Member Blevins clarified that the City took in payments for 16
adoptions.
Supervisor Parker added that the rest was paid for through JFOTA.
Council Member Blevins then clarified that the City did not waive 52
adoptions but 36?
Supervisor Parker confirmed that JFOTA paid for 36 adoptions, saying that the
City only covered 16, which is what the $818.00 covers.
In response to a comment from Council Member Smith, Supervisor Parker
clarified that JFOTA is the non-profit for the Shelter, Jacksonville Friends
of the Animals.
Chief Hibbs stated that is 52 adoptions and they brought in $880.00 and the
rest of the money that is missing was paid for by JFOTA. He stated that money
paid by JFOTA is not captured on the report. He stated that the form has been
changed, saying that he has something else to be added but it was not done in
time to make the agenda. He stated that the form is being changed.
Council Member Rains clarified that an amended report for March would be
forwarded to the City Council.
Chief Hibbs stated that he wants the monthly reports to be accurate because
that is what is used at the end of the year for totals. He then noted that
the amended version would be delivered to the City Clerk.
ROLL CALL: Council Member: Dietz, Bolden, Blevins, Sansing, Ray, Mashburn,
Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED.
DEVIATION IN AGENDA:
b. RECOGNITION of 911 Communications Center
Council Member Blevins moved, seconded by Council Member Rains to deviate
from the agenda and speak on business item b. MOTION CARRIED.
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
Mayor Johnson noted that this week is 911 week and the City wants to
recognize the 911 staff for all their efforts, citing how important they are
to the City and Community.
Council Member Bolden asked all 911 staff to move up front for a picture. He
read the plaque presented to the Department of 911 by the City and members of
the Arkansas Legislature as recognition of the 911 week by proclamation. He
then presented all the staff with memo pads he personally had made for them.
911 Director Tabby Hughes thanked Council Member Bolden and the entire
Council for their recognition. She stated that her staff comes to work
everyday with a smile and is ready to handle whatever chaos the world throws
at them. She then answered that last year they answered over 120,000 non-
emergency lines and over 25,000 911 calls.
RESUME AGENDA:
WATER DEPARTMENT:
WASTEWATER DEPARTMENTS:
FIRE DEPARTMENT: Vehicle Acquisition Plan
Chief Laughy reviewed documentation offered to City Council. He noted that
information only covers the fire engines, ladder truck, rescue truck, and
ambulances. He stated that they are doing pretty well when it comes to the
ambulance fleet with three newer 2019, 2018, and 2020 ambulances. He then
added that they are waiting on a brand new one to be delivered.
He noted that under first line engines there are engines 1, 2, 3, and 4;
which are the fire engines they use everyday to respond to everyday
emergencies. He then noted that engine 5 is a backup truck. He noted that
engine 3 is 13 years old and engine 4 is 17 years old. He noted that they
ordered their brand-new engines in 2015, noting that the average life span of
a first line engine is about 15 years. He noted that engines 1 and 2 are
about 40% of its life expectancy, engine 3 is 87% and engine 4 is 113% of its
life expectancy. He stated that in three years they will be running those
numbers increase dramatically and as general information, the value of those
vehicles are noted in the far-right column. He explained that in talking to a
vendor at the Chief’s conference, he was informed that asking for the exact
same fire engine as engines 1 and 2, the costs would go from $516,000 to
$733,000, which represents a 42% increase in six years. He added that it has
gone from a one-year build to a two-year build. He stated that he was able
st
to get a price of $715,579 per engine for two engines, but on May 1 the cost
goes up 7% for a total of more than $765,000 for one engine. He stated that
every year we wait is going to add another 30 to 50 thousand dollars to the
cost of one engine. He stated that if we save money and order in three years,
it is very likely to cost the City an additional 90 to 150 thousand dollars
extra per vehicle. He asked that the City Council consider using the American
Recovery Plan Act money to purchase two engines. He stated that if ordered
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
st
before May 1 it will cost the City $1,431,000, if ordered before May of
2023, it will be $1,500,000, and if we wait until 2026 it will be $1,831,338.
He stated that the American Recovery Plan Act netted the City of Jacksonville
of about 5 million dollars and we have received 2.7 million with about 2.5
million expected this Summer. He added that the Treasury is allowing 10
million dollars as a standard for lost revenue and the stipulation is that it
has to be used for Government services and we have until December 31, 2023.
He stated that his question is, is there a way that we can use some of this
money to purchase these engines and if not does anyone have any ideas because
the FEMA grants have dried up for municipalities.
In response to a question from Council Member Rains, Chief Laughy explained
that the amount of money Nationwide in FEMA grants, especially for vehicles,
has decreased by 50%. It is being granted to volunteer fire departments
because they do not have a funding stream like municipalities.
Mayor Johnson noted that the City Council will decide what the money will be
used for regarding a list, noting that we have more needs than money. He
stated that the City Council will be presented a plan and will decide how the
st
money is going to be spent. He answered that it would not be by May 1.
In response to a question from Council Member Blevins, Chief Laughy noted
that engine 5 has mileage of 14,620 because that engine was replaced. Chief
Laughy did not feel this would be a viable engine to replace the buying of
one of the two proposed engines for purchase. He stated that the body of the
vehicle is old and worn out. He stated that however, if they could at least
get one, that would be good.
Mayor Johnson clarified that we are limited to the 5 million, the 10 million
is a threshold for loss.
In response to a question from Council Member Bolden, Finance Director Cheryl
Erkel explained that the Directors have provided a list of needs, saying that
the list will be narrowed and provided to the City Council for the decision.
She stated that it would probably be June or July when it is narrowed for
City Council. She then answered that she is not sure if Police vehicles were
on the list, noting that so far, the City has received 2.7 or 2.5 million. It
was noted that two new Police vehicles were budgeted this year.
Chief Laughy explained that he wanted to have this on the agenda so the City
Council would be aware of the price increases and the extended build time.
STREET DEPARTMENT:
POLICE DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
COMMITTEE(S):
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
GENERAL: a. PUBLIC HEARING ORDINANCE 1692 (#11-22)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODES § 8.01.078 (GRASS OR
WEEDS), 8.03.010 (NUISANCE AND NON-COMPLYING CONDITIONS – UNCUT WEEDS, GRASS,
AND UNSANITARY ARTICLES AND CONDITIONS), AND REPEALING JACKSONVILLE MUNICIPAL
CODE § 8.08.010 (NON-COMPLYING CONDITIONS FOR GRASS, WEEDS, AND VEGETATION);
DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Johnson opened the public hearing at approximately 6:27 p.m.
With no one to speak, Mayor Johnson closed the public hearing at
approximately 6:29 p.m.
Council Member Bolden moved, seconded by Council Member Sansing to place
Ordinance 1692 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden,
Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE.
MOTION CARRIED. Whereupon City Attorney Friedman read the heading of
Ordinance 1692.
Lieutenant Ryan Wright explained that the purpose of the Ordinance is to
correct conflicting ordinances regarding grass height, and make it easier for
everyone to understand the requirements. He added that this would add a
requirement to get rid of overgrowth on fences and limit grass to 8” in all
residential districts and gets rid of the 5-acre limitation on grass. He
then noted that it allows 18” in height for any industrial/commercial lot
that does not have a structure.
Discussion ensued regarding the requirement for a 5-acre lot. Lieutenant
Wright noted that some of the line numbers have been changed or repealed.
Council Member Ray moved, seconded by Council Member Bolden to APPROVE
Ordinance 1692 on FIRST READING and SUSPEND THE RULES and place Ordinance
1692 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins,
Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION
CARRIED.
Council Member Bolden moved, seconded by Council Member Sansing to APPROVE
Ordinance 1692 on SECOND READING and SUSPEND THE RULES and place Ordinance
1692 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 Twitty moved, seconded by Council Member Bolden to APPROVE AND
ADOPT Ordinance 1692 in its entirety.
Discussion ensued and it was noted that this would apply to easements and
rights-of-way.
ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn,
Traylor, Twitty, and Smith voted AYE. Council Member Rains voted NAY. MOTION
CARRIED.
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
Council Member Bolden moved, seconded by Council Member Sansing 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.
th
ORDINANCE 1692 (#11-2022) APPROVED AND ADOPTED THIS 7 DAY OF APRIL, 2022.
nd
c. 2 READING ORDINANCE 1689 (#8-22)
AN ORDINANCE AUTHORIZING A FRANCHISE AGREEMENT FOR FIBER OPTIC CABLE, DATA
MANAGEMENT, DIGITAL INFORMATION SERVICES, AND ELECTRONIC TRANSMISSION
COMMUNICATIONS SERVICES WITHIN THE CITY WITH UNITE PRIVATE NETWORKS LLC; AND,
FOR OTHER PURPOSES.
Council Member Ray moved, seconded by Council Member Bolden to place
Ordinance 1689 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden,
Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE.
MOTION CARRIED. Whereupon City Attorney Friedman read the heading of
Ordinance 1689.
Construction Manager Brent Hooker for UPN, explained that they have 5 or 6
sites in Jacksonville where they will build fiber optic to cell towers for
various customers at different towers. He then answered that they will not
be doing residential only business, government, and schools. He stated they
have not begun any work yet and it would be both above ground and underground
depending on the site.
Council Member Rains requested a list of the areas where they would be
working inside the City limits.
Mr. Hooker agreed to provide that to the City Clerk. He then answered
Council Member Rains that it would be less than 1 mile of fiber being laid.
He explained that for the most part they would be leasing some “dark” fiber
that is already in the ground from some other companies to minimize their
build level. He stated that they are mainly attached to Ritter/Windstream. He
clarified that Windstream owns the cable and Unity owns the glass inside of
it.
Council Member Rains questioned why the City would go through with an
Ordinance and not do a request for qualifications. She asked if this is a
particular project.
Mayor Johnson stated that it allows them to pay the City when they have a
customer that uses their services.
Mr. Hooker stated the reason they are coming to town is because they are
doing a big project all around Little Rock, serving about 80 towers and 5 or
6 of them fall within the City limits of Jacksonville, so their customer has
requested them to build on the towers.
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
Mayor Johnson stated that it is just a franchise agreement allowing them to
do business in the City of Jacksonville.
Mr. Hooker stated that right now, it is just the towers but hopefully they
can get more customers and branch out.
Council Member Bolden moved, seconded by Council Member Twitty to APPROVE
Ordinance 1689 on SECOND READING and SUSPEND THE RULES and place Ordinance
1689 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 Bolden moved, seconded by Council Member Twitty to APPROVE AND
ADOPT Ordinance 1689 in its entirety. ROLL CALL: Council Member Dietz,
Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains
voted AYE. MOTION CARRIED.
Council Member Bolden moved, seconded by Council Member Mashburn 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.
th
ORDINANCE 1689 (#8-2022) APPROVED AND ADOPTED THIS 7 DAY OF APRIL, 2022.
d. ORDINANCE 1686 (#5-2022)
AN ORDINANCE BY THE CITY OF JACKSONVILLE ARKANSAS CALLING FOR THE ANNEXATION
OF LAND CURRENTLY LOCATED IN PULASKI COUNTY ARKANSAS, PURSUANT TO ARK. CODE
ANN. §14-40-501-503.
Council Member Sansing moved, seconded by Council Member Bolden to place
Ordinance 1686 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden,
Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Rains voted AYE.
MOTION CARRIED. Whereupon City Attorney Friedman read the heading of
Ordinance 1686.
Attorney Jason Bolden for Jarod Puckett, who is one of the investors in this
project, explained that the proposal is to develop 68 lots consisting of
approximately 26 acres that is an enclave within the City of Jacksonville but
still within Pulaski County. He noted previously they requested that all the
lots be zoned as duplexes, but there was pushback, so they amended the plan
to have 28 of those lots to be zoned R-1 for single-family housing. This
proposal did pass the Planning Commission when returned to them. He then
answered that there will be 28 single-family houses with 40 duplexes, adding
they are building four other houses just outside of this development in Loop
Acres. He noted that they had to purchase that land in order to provide
another entrance into the proposed Subdivision.
In response to a question from Council Member Twitty, Mr. Puckett answered
that the duplexes would rent for approximately $700.00 to $950.00 range.
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
He noted that they own some nearby duplexes that rent for
$795.00 and they are four years old. He stated they feel they can get at
least that and maybe more since they are new construction. He then answered
that the single-family homes would rent for approximately $1,295.00 to
$1,500.00.
Mayor Johnson noted that they are also building a new office on Hwy 67/167.
Council Member Dietz noted that this is the best use of the land, noting
rental seems to be the way to go currently. He also noted that single-family
housing is also doing well, being sold over $120.00 per foot. He noted that
Jacksonville needs not only rentals, but single-family houses to sell.
Council Member Blevins noted that his understanding, when it was initially
proposed, was that the single-family housing on Loop Acres and within the
project subdivision would be for sale, not rent.
Council Member Sansing thanked the developers for surrounding the project
with single-family homes, which cuts down on the traffic.
Council Member Bolden moved, seconded by Council Member Mashburn to APPROVE
Ordinance 1686 on FIRST READING and SUSPEND THE RULES and place Ordinance
1686 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins,
Sansing, Ray, Mashburn, Traylor, and Rains voted AYE. Council Member Twitty
and Smith voted NAY. MOTION CARRIED.
Council Member Sansing moved, seconded by Council Member Bolden to APPROVE
Ordinance 1686 on SECOND READING and SUSPEND THE RULES and place Ordinance
1686 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden,
Blevins, Sansing, Ray, Mashburn, Traylor, and Rains voted AYE. Council Member
Twitty and Smith voted NAY. MOTION CARRIED.
Council Member Sansing moved, seconded by Council Member Traylor to APPROVE
AND ADOPT Ordinance 1686 in its entirety. ROLL CALL: Council Member Dietz,
Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, and Rains voted AYE.
Council Member Twitty and Smith voted NAY. MOTION CARRIED.
th
ORDINANCE 1686 (#5-2022) APPROVED AND ADOPTED THIS 7 DAY OF APRIL, 2022.
e. RESOLUTION 817 (#2-2022)
A RESOLUTION IN SUPPORT OF AND AUTHORIZING EXECUTION OF SALE DOCUMENTS BY THE
CITY OF JACKSONVILLE FOR CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL
LOCATION – 613/615 N BAILEY STREET); AND, FOR OTHER PURPOSES.
Council Member Ray moved, seconded by Council Member Bolden to read
Resolution 817. MOTION CARRIED. Whereupon City Attorney Friedman read the
heading of Resolution 817 (#2-2022).
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
Mayor Johnson noted that this would deal with the property known as the
Bailey Street Church of Christ. He explained that there is a building, a
parsonage, and an undeveloped grassy area. The undeveloped grassy area is
what we are dealing with tonight, explaining that this area is behind the
Church and adjacent to the Splash Zone property. He stated the Church is
willing to sell that portion for $100,000. He then stated that in the future
we will see what they are willing to do with the rest of the property.
Parks and Recreation Director Kevin House related the need for more parking
for Splash Zone.
In response to a question from Council Member Blevins, Mayor Johnson
clarified that we are talking about three separate pieces; the parsonage and
the driveway to it, the Church and the asphalt parking lot, and finally, the
grassy undeveloped area. He explained that first we are trying to purchase
the grassy area to expand the Splash Zone parking.
Parks and Recreation Director Kevin House stated the house and Church are in
bad shape.
Mayor Johnson then answered Council Member Blevins that the City has the
money in the Capital Improvement Fund to purchase the undeveloped grassy
area.
Council Member Dietz questioned how much land is there in the undeveloped
grassy area.
Parks and Recreation Director Kevin House stated that the City has not had
the property surveyed yet.
Mayor Johnson stated that he was waiting until the City Council approved the
Resolution before paying for a survey. He then surmised with Parks and
Recreation Director Kevin House that it is probably an acre and a half.
In response to a question from Council Member Sansing, Parks and Recreation
Director Kevin House answered that during good weather, Splash Zone is at
capacity every day.
Council Member Bolden noted that the parking lot is full and people have to
park in the Church’s parking lot across the Street and have to wait in line
for hours to get into Splash Zone.
Mayor Johnson stated that another thing for the future is the expansion of
Splash Zone.
Council Member Dietz stated that when he was on the Parks and Recreation
Committee it was always a desire to expand Splash Zone when funds are
available. He stated that this piece of land is a good start because it
benefits the City of Jacksonville better than anything else.
9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
Council Member Blevins stated that he definitely believes Splash Zone needs
to expand but feels we should table the Resolution until we get the land
survey and find out exactly what we are buying and at what price.
Mayor Johnson stated that he did not want to pay for a survey, saying that he
and Parks and Recreation Director Kevin House are estimating it to be an acre
and ¼ to an acre and ½.
Council Member Ray stated the City needs the property.
In response to a question from Council Member Blevins, Mayor Johnson
reiterated that it is going to be $100,000 and that the property will be
appraise before he makes the deal.
Council Member Traylor noted that this property is not a separate piece but
part of the other property.
Parks and Recreation Director Kevin House stated that the property would have
to be separated from the property it is a part of.
Mayor Johnson stated it will have to be surveyed and separated. He reiterated
that he did not want to pay for a survey if they were not serious about
purchasing the property.
Council Member Blevins reiterated that he believes we need the survey.
Mayor Johnson stated that he will get a survey and have it appraised.
Council Member Blevins asked then we can vote to buy it?
Mayor Johnson stated that he has to have this motion to be able to do all of
that. He stated that the City Council will know what he does before he does
it, adding that he already knows the price.
Council Member Ray moved, seconded by Council Member Smith to adopt
Resolution 817 (#2-2022) in its entirety. MOTION CARRIED with Council Member
Blevins voting NAY.
f. ORDINANCE 1690 (#9-2022)
AN ORDINANCE DECLARING THE EXERCISE OF EMINENT DOMAIN ON CERTAIN REAL
PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS FOR
ACQUISITION OF PUBLIC EASEMENTS AND RIGHTS OF WAY FOR THE CONSTRUCTION AND
DEVELOPMENT OF IMPROVED PUBLIC WATER AND SEWER LINES FOR THE CONSTRUCTION
PROJECTS ON BEHALF OF JACKSONVILLE WATER WORKS AND JACKSONVILLE WASTE WATER;
AND, FOR OTHER PURPOSES.
10
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
Council Member Sansing moved, seconded by Council Member Ray to place
Ordinance 1690 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden,
Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Rains voted AYE.
MOTION CARRIED. Whereupon City Attorney Friedman read the heading of
Ordinance 1690.
City Attorney Friedman reminded the City Council they had previously approved
16 other parcels, explaining that this is a parcel that they thought they had
negotiated and had an agreement, which has now fallen through. She stated
that she needs this approved so it can go to Circuit Court.
Mayor Johnson clarified that the property owners are not happy with ARDOT,
pointing out that this does not have anything to do with the Water or Sewer.
Council Member Rains moved, seconded by Council Member Traylor to APPROVE
Ordinance 1690 on FIRST READING and SUSPEND THE RULES and place Ordinance
1690 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins,
Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION
CARRIED.
Council Member Rains stated that the reason she offered flack regarding
separating the motions to read and suspend is because the grass ordinance was
held as a public hearing and maybe no one knew about that as far as the
public’s concern goes and so they literally did not get their chance to voice
their concerns, if they are hearing about it second hand and it is not being
discussed in a following meeting because we have already done all three
readings.
Council Member Bolden and Mayor Johnson noted that it was advertised for two
weeks.
Council Member Rains stated that she understands that it was advertised in
the paper and no one looks at the paper.
Council Member Sansing moved, seconded by Council Member Bolden to APPROVE
Ordinance 1690 on SECOND READING and SUSPEND THE RULES and place Ordinance
1690 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 Bolden moved, seconded by Council Member Sansing to APPROVE
AND ADOPT Ordinance 1690 in its entirety. ROLL CALL: Council Member Dietz,
Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Rains
voted AYE. MOTION CARRIED.
th
ORDINANCE 1690 (#9-2022) APPROVED AND ADOPTED THIS 7 DAY OF APRIL, 2022.
11
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
g. ORDINANCE 1691 (#10-2022)
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 Bolden moved, seconded by Council Member Rains to place
Ordinance 1691 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden,
Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Rains voted AYE.
MOTION CARRIED. Whereupon City Attorney Friedman read the heading of
Ordinance 1691.
Council Member Blevins noted that the Ordinance had previously been proposed,
explaining that it would have gone through if it had not been amended to try
to include the roosters. He stated that this does not affect anyone’s HOA or
BOA, this will not supersede any of those rules. He stated that currently in
Jacksonville, you can have unlimited chickens and roosters. He stated at the
rate of how hard it is to find eggs and chicken, he would ask that this be
approved. He stated that it would be 50’ to allow residents to have six
chickens and grandfather one rooster, but it would need to be registered. He
stated that the amendment did not have enough to pass.
Council Member Ray stated that he feels the present Ordinance is good, adding
that we do not need any additional chickens, pigs, or cows.
Council Member Blevins answered that citizens can already have unlimited, we
are trying to minimize it.
Council Member Mashburn questioned how hard it would be for the Animal
Shelter/Code Enforcement to control if there were a problem.
Animal Control Manager Parker stated that it would be extremely hard,
especially during the summer, when it is their busiest time with dogs running
at large, people locking dogs in cars, emergency calls that take up most,
even when there is a full staff. She explained that she has two officers on
the road all day every day taking care of high priority calls. She stated
that she does not have the manpower and probably would never have the
manpower to designate one officer to go around and check on the chicken
ordinances. She noted that a lot of them have to be moved every 24 hours and
cleaned up every 48 hours, saying that she just does not have the manpower
even if she had a full staff.
Chief Hibbs clarified that Animal Control enforces ordinances to do with
animals and Code Enforcement really only does Code, and it is kept separate.
Council Member Sansing stated that he has a question regarding chipping
roosters, asking how much does it cost to get an animal chipped and who would
get a rooster chipped?
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
Supervisor Parker stated that if you chipped a rooster, you can not use the
normal microchip that is used in a cat or dog. She stated that roosters do
not have any skin and in order to chip it, you have to pull the skin up in
order to get the needle in there and there is just no way.
Chief Hibbs stated that earlier Supervisor Parker told him that she believes
it is an RFID tag, rather than a microchip.
Supervisor Parker stated that no vet around here carries RFID chips.
Council Member Twitty stated that this is crazy, adding that no one is going
to go and bring their rooster to get chipped. Nobody. She stated that the
ordinance that we have right now, we allow roosters unlimited, and we allow
chickens unlimited and they do not have to have them chipped.
Council Member Blevins stated that now there is a distance requirement, but
if you meet that distance requirement, then you can have thousands of
chickens and roosters in the City of Jacksonville. He stated there are some
people in low income areas that have contacted him, saying that they would
really like to have chickens for eggs because of the current price. He stated
that initially he proposed 25’, but the Mayor said he could probably only go
for it if it was 50’, so it was adjusted to 50’. He stated that there were
some people who had roosters already and we did not want them to have to get
rid of their roosters, so we implemented that they could register them not
RFID tag them or chip them. Just to have them registered to say that they
have them. He stated there is a saying that “the sheep spend their entire
life fearing the wolf, only to be eaten by the shepherd”. He stated that a
big deal is being made over something that is not even going to happen, that
people in the town really want and you are pulling all these other deals out.
He stated that he never would have imagined in a million years that chickens…
and every one else is doing it. These successful cities, that have had more
than 1,000 people in growth over the Census, they all allow chickens.
Discussion devolved into various separate opinions regarding how many people
in the City have chickens.
Chief Hibbs introduced Officer Colburn who has 17 years of farming chickens
and has been with the Police Department for slightly over one year. He has
10 chicken houses and has raised over 1 million chickens per year, 5 times a
year for when they come in and go out. He has two pullet houses, 10,000
chickens, so it is over 1 million chickens a year. He stated that if there
is anybody that knows anything about the diseases, feed, or what this
ordinance needs, how to raise chickens, it is him.
Officer Colburn stated that while he lives in the City, his chickens are in
Cleveland County. He related that he has been raising chickens commercially
for over 17 years. He stated that what you will run into is not just people
having chickens, people are going to look for legal ramifications when
somebody catches E.coli, salmonella, and other airborne diseases that can
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
arise from uncleanliness. If you want to say that it is okay to have
chickens, then you need to have some kind of educational process for the
person that is getting the chickens, so that little 5-year-old Johnny next
door does not run barefoot through the yard and catch a disease. Now you
will get the CDC and EPA involved and PETA will jump. He stated that roosters
are not a meat bird, they are used to fertilize a hen. He stated that having
as many chickens as you want is a big problem because that encodes unsanitary
conditions. As a commercial farmer, we have the University of Arkansas come
to our farm several times a year to make sure we have adequate ventilation,
bedding, and dry conditions because if a poultry disease like the bird
influenzas ever breaks out, they will shut your City down, the EPA does not
play. If there is ever an outbreak, they will shut down every commercial
operation within 10 miles and you are talking millions and millions of
dollars and they did that in Northern Arkansas. He stated that if you want
to look at it from a managerial standpoint, there are going to be legal
ramifications.
Council Member Blevins noted that we are only talking about six chickens.
Officer Colburn stated one chicken.
Council Member Blevins asked with the City currently being able to have
unlimited chickens, how many E.coli breakouts have there been in the City of
Jacksonville.
Officer Colburn stated that the did not know of any.
Council Member Blevins continued, how many places have had to be shut down
over Jacksonville having unlimited chickens.
Officer Colburn stated that to his knowledge, none.
Council Member Blevins stated that going from unlimited to six chickens, all
of the sudden chickens are the monkey from Outbreak and we are going to have
to shut down the whole City for an E.coli outbreak because of six chickens
when someone can not afford to go to Wal-Mart and get eggs, when they even
have them.
Council Member Ray stated that he does not believe there is anyone who cannot
afford to get eggs, noting that there are people giving away eggs everywhere.
Council Member Bolden stated that he has had many calls about people not
wanting chickens. He stated that when it comes to roosters, it is not good
to hear them when you are trying to sleep.
Council Member Twitty pointed out that currently there is no limit on the
number of chickens or rooster a person can have.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
Council Member Traylor respectfully requested on behalf of himself and his
wife, that Council Member Blevins rescind the ordinance before there is a law
that prevents anyone from being able to have chickens.
Council Member Blevins stated that he would take that under advisement, but
feels that now we need to suspend the rules to put in another motion to ban
chickens completely from the City of Jacksonville before we have an E.coli
outbreak.
Discussion ensued regarding the tenants of the current ordinance being
proposed.
Supervisor Parker asked why Council Member Blevins wants to shorten the
distance requirement from 100’ to 50’.
Council Member Blevins stated that certain areas do not have 100’ to be able
to currently have chickens, so lowering the distance requirement would help
those residents be able to have six chickens so they could have eggs for
their family.
Council Member Twitty emphasized that this ordinance does not affect the POAs
or BOAs. She pointed out that the City has no authority over the POA or BOA.
Chief Hibbs stated that this ordinance does not address fencing, which is
important, dogs next door barking at the chickens, especially in Sunnyside.
He stated that this would cause stress for the chickens, pointing out that
this is something that Officer Colburn can talk at length about. He then
pointed out that this ordinance does not address the feed, which can cause
rats and rodents. It does not address the rain cover, or certain things that
chickens need to prevent them from getting wet.
Council Member Blevins clarified that this ordinance amends what is already
in place, so those issues were already in place before this ordinance was
proposed and no one has said those regulations were a problem.
Chief Hibbs stated that there are things that we should add to this ordinance
in order to have chickens in the City that we do not have and fencing is very
important. He stated that if we are going to go with chickens, we need to do
it right.
Council Member Twitty suggested tabling the ordinance until…
Council Member Rains suggested that Ordinance 1691 be tabled to be presented
to the Code Committee to be reviewed.
Council Member Rains moved to TABLE Ordinance 1691 and send it to the Code
Committee for review.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 7, 2022
6:00 P.M. – 7:27 P.M.
Discussion ensued as to whether the Code Committee had completed its work as
requested by the Code Enforcement Department.
Chief Hibbs noted that this Ordinance could conflict with the noise ordinance
amendments. He then answered Council Member Rains that the noise will be
determined by the sound, distance, and feet.
Lieutenant Wright stated that the noise ordinance for fowl and animals is if
it can be heard across the property line then it is too loud.
Council Member Smith seconded the motion. ROLL CALL: Council Member Dietz,
Bolden, Blevins, Sansing, Mashburn, Traylor, Twitty, Smith and Rains voted
AYE. Council Member Ray voted NAY. MOTION CARRIED.
APPOINTMENTS:
UNFINISHED BUSINESS:
th
ANNOUNCEMENTS: Chamber Banquet is Tuesday, April 12.
ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at
approximately 7:27 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR BOB JOHNSON
City Clerk-Treasurer
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