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22 OCT 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 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 6, 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, and Rains answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT NINE (9) ABSENT (1). Council Member Smith was absent. Others present for the meeting were: City Attorney Stephanie Friedman, Public Works Director Jim Oakley, Finance Director Cheryl Erkel, Parks and Recreation Director Kevin House, Police Chief Brett Hibbs, Fire Chief Alan Laughy, Lieutenant Ryan Wright, Wastewater Utility General Manager Thea Hughes, Water Works General Manager Jake Short, IT Director Emily Osment, Police Captain Richard Betterton, Police Captain Kimberly Lett, Joy Kinman, and Johnny Simpson. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regularly scheduled City Council meeting of September 15, 2022 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Ray moved, seconded by Council Member Bolden that the minutes of the regularly scheduled City Council meeting of August 18, 2022 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 September 2022. SEPTEMBER PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 18 Building Inspections 47 Business License Electrical 48 Plumbing 58 HVACR 24 REGULAR MONTHLY REPORT/ANIMAL CONTROL Council Member Bolden moved, seconded by Council Member Ray to approve the regular monthly report for September 2022. ADOPTION FEES $ 0.00 SPAY/NEUTER FOR ADOPTED DOGS 0.00 FINES 270.00 CONTRIBUTIONS 847.00 TOTALS $ 1,117.00 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. ROLL CALL: Council Member: Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: STREET DEPARTMENT: POLICE DEPARTMENT: a. PRESENTATION of award of Arkansas Chiefs of Police Association Accreditation th Police Chief Brett Hibbs stated that on September 28 the Jacksonville Police Department was awarded recognition as an accredited agency by the Arkansas Law Enforcement Accreditation Program Committee. He explained that the Arkansas Law Enforcement Accreditation Program is a voluntary process where police agencies in Arkansas prove their compliance with Arkansas Law Enforcement best practices or standards. He detailed that the standards were carefully developed by the Arkansas Law Enforcement professionals to assist agencies in the efficient and effective delivery of service and the protection of individual’s rights. He related that there are currently 171 standards that must be met, adding that being accredited means the agency meets, or exceeds, all of the identified standards for Arkansas Law Enforcement agencies. He shared that the standards cover all aspects of law enforcement operations including the use of force, protection of citizen’s rights, pursuits, property and evidence management, patrol, and investigative operations. He continued to say that while being accredited does not guarantee the agency will not make a mistake, it does ensure that the agency has carefully thought about these critical issues and has developed policy and procedures to address them, while having systems in place to identify and correct problems. He confirmed there are a number of benefits to becoming an accredited or recognized police agency. He stated that police officers exercise the government’s most awesome powers; the power to stop and question a citizen, to arrest a citizen, to seize a person or its property, and to use force in that process. He explained that officers often operate alone without direct supervision, therefore, police agencies direct and control their officer’s activity through supervision, training, and written policies and procedures. He detailed that since supervisors cannot always be present, the training, along with policies and procedures of an agency, are critical in ensuring the proper performance. He pointed out that appropriate equipment is also necessary. He related that the programs ensure an agency has addressed the most critical law enforcement issues in policy, as well as actual operation, adding that the programs do not tell an agency what their policy must be, but rather it ensures the policy, procedure, and operation addresses all of the critical aspects of an issue. He shared that they started trying to become an accredited agency around 2016, adding that their department went through a lot of turmoil with about five Chiefs, making it impossible at the time. He continued to say that last Fall they made it a priority with the help of the commanding staff that included Captain Kim Lett over CID, Captain Richard Betterton over Support, and Patrol Captain Robert Washington. He recalled that they made it a priority to ensure they got all of their policies updated, that all of the officers read them, and that training 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. everything was updated. He stated it was a long procedure where they had to provide proof that all of their reports and accountability was being done since they could not just say they were doing it, but had to prove they were. He explained that in order to do that he had a couple of program managers; one being Sergeant Otey. He noted she became the program manager near the middle of it, but she ensured they quickly became accredited by the Chiefs of Police Association. He listed her other jobs as recruiting, hiring, background checks, and wellness of officers. He shared that since he has become Chief, their department has really come together to work as a team with the results of that being seen tonight. He presented the award, on the Police Department’s behalf, to the entire City. b. Request to re-award from original bids: 2022 Nuisance Abatement Demolition Project Mayor Johnson stated this item is being pulled from the agenda due to difficulties with the bid. c. ORDINANCE 1705 (#24-2022) AN ORDINANCE PROVIDING FOR THE CREATION OF A NUISANCE ABATEMENT BOARD FOR THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Twitty to place Ordinance 1705 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1705. Lieutenant Ryan Wright shared how he wants to create a Criminal Nuisance Abatement Board, adding that it is a quasi-judicial board that consists of five citizens, preferably one from each ward of the City. He explained the purpose is for if the Police Department, Code Enforcement, or a regular citizen is having problems dealing with a situation, such as repeat calls for Code violations or a residence causing a lot of problems with criminal or gang activity. He stated with health and safety violations, when they get three convictions they can bring it to the Criminal Nuisance Abatement Board and request a hearing. He noted at that point, the Board can have a hearing, determine if it is a nuisance, and declare the property one where if it is a renter they can order an eviction or impose civil fines for the continuance of a nuisance. He mentioned it allows them a step before they have to go to Circuit Court and actually have a judge order them to go out and remove something from the property. He pointed out that it gives citizens a voice and the City another option to try to resolve these situations when they have constant problems where Code keeps going there and all they are doing is writing tickets. When Mayor Johnson asked if this would allow Code the power to clean up properties, he replied yes, but once they go to seize a lot of property it would have to go to Circuit Court to get a judge’s opinion. He brought up that if the Board issues an order saying someone needs to clean their property and that person disobeys it, they can get a fine for every day that it has not been cleaned up. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Council Member Blevins did not like the idea of it being called a “Criminal” Nuisance Abatement Board, adding that when the word “criminal” is added to it, it seems like a group of people could go against a single individual and weaponize it to get this “criminal” board and courts involved. He stated it seems like too much; way passed even a citizen’s arrest. City Attorney Stephanie Friedman confirmed that this is authorized under Arkansas Code Annotated § 14-54-1701 through § 14-54-1710, adding that in order for a citizen to come forward with a complaint, they have to sign an affidavit, are sworn under perjury, and can be charged for false swearing, which in a Class A misdemeanor. She assured this is not something where someone can just come in and complain about their neighbor, but it is just like a hearing. Police Chief Brett Hibbs stated they have been doing nuisance abatement here for a while, adding some are gang or drug houses, which are also criminal acts. He explained the other type is health and safety nuisances such as overgrown grass and debris in the yard that causes rodents. He related the other side of health and safety is criminal, adding it is still a civil matter and it is not taking them to jail. Lt. Wright recalled that it took them two to three years to get one property completely abated, adding that it was a constant battle where they went out every day to write tickets, which resulted in the gentleman having an entire docket of his own for citations. He brought up that they could have went to the Nuisance Abatement Board to have it declared a public nuisance, adding that if the City declares it one, they can take it to the Judge and get the Abatement Order to seize the property. Council Member Blevins surmised they want to use this for the higher end things instead of health and safety, explaining that the only reason he had brought it up was because in Section Four it talks about keeping the premises clean, keeping grass cut, etc. He does not want anyone to weaponize it if someone did not cut their grass on time. Lt. Wright responded that in order for Code Enforcement to use it that way, he has to issue, and have convictions, on three citations before it can be presented to the Board. Council Member Blevins pointed out that he saw where it was a sworn testimony, but did not know that it could be something that could be used against them criminally. He reiterated that if the word “criminal” is involved, people could threaten to report others if they do not clean something up or get their dog out of their yard. He stated that it sounds like something that can be abused. Lt. Wright shared that the original purpose of the Board was to deal with gang or drug houses, not just for health and safety. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Council Member Rains understood they are using it for both circumstances, but asked if there is any way it can be amended to remove the word “criminal” from the Board’s title, or is it in the state statute. City Attorney Friedman confirmed it is in the state statute. Council Member Bolden moved, seconded by Council Member Twitty to APPROVE Ordinance 1705 on FIRST READING and SUSPEND THE RULES and place Ordinance 1705 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Bolden to APPROVE Ordinance 1705 on SECOND READING and SUSPEND THE RULES and place Ordinance 1705 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. Council Member Twitty moved, seconded by Council Member Ray to APPROVE AND ADOPT Ordinance 1705 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. Council Member Sansing moved, seconded by Council Member Ray that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. th ORDINANCE 1705 (#24-2022) APPROVED AND ADOPTED THIS 6 DAY OF OCTOBER, 2022. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: COMMITTEE(S): GENERAL: a. RESOLUTION 821 (#06-2022) A RESOLUTION APPROVING AND GRANTING AUTHORIZATION TO MAYOR JOHNSON AND OTHER CITY OF JACKSONVILLE OFFICIALS TO BEGIN NEGOTIATIONS WITH VIRGINIA INNOVATION PARTNERSHIP CORPORATION, PLANET DEFENSE LLC, AND ROKEE INC. TO DEVELOP AN INNOVATION HUB IN THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Bolden to read Resolution 821 (#06-2022). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 821 (#06-2022). Council Member Traylor mentioned the term “smart city” and added that there is a group of people, one of them being a former resident of Jacksonville, that are wanting to do something like it in Arkansas. He shared that the former resident would like to see it here and he, himself, believes that it would be very good for the City. He stated that they have met a couple of 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. times, but more people need to get involved, so the Resolution is introducing it to the City Council and gives the Mayor, Fire Chief, and Police Chief the opportunity to talk with these individuals to see what can be done. He noted the Resolution says before any contracts are issued, it will be brought back to the City Council. Mayor Johnson stated the City will pay nothing since the group is going to fund it. He explained that we would be a test city and it could possibly bring affordable internet all across the City or to certain places where it is not affordable today. Council Member Traylor related this would be a commitment that as a city, we would want this to take place here and that is what we need to explore. Council Member Ray moved, seconded by Council Member Bolden to adopt Resolution 821 (#06-2022) in its entirety. MOTION CARRIED. b. RESOLUTION 822 (#07-2022) A RESOLUTION IN SUPPORT OF AND AUTHORIZING EXECUTION OF DOCUMENTS FROM THE CITY OF JACKSONVILLE TO EXCHANGE CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL LOCATIONS – 873 JANE DRIVE AND LOT 40 ON LENORA STREET IN EXCHANGE FOR 609 AND 611 GRAY STREET) AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Sansing to read Resolution 822 (#07-2022). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 822 (#07-2022). Public Works Director Jim Oakley stated they have been trying about two years to make this land swap, mentioning that there was a duplex at the end of Gray Street that burned down. He related that it was not zoned for a duplex, so the Planning Commission would not approve the rebuild, but the owner did not want to build a single-family home. He noted the City has two lots; one on Lenora Street they got for free from the Abdin family, and one they had to buy in order to make the drainage wider on Jane Drive due to flooding. He confirmed the City does not need either one of those lots and the ones they want to trade for backs up to Splash Zone, saying that it would be a good swap. Mayor Johnson clarified that it is where Gray Street ends and the gravel goes up towards Splash Zone. He added that Jacksonville Water Works has a water main there, so it will also benefit them. Council Member Blevins shared that he looked at these lots and believes it is a great deal. He asked if the gravel road that goes to the back area is included. Director Oakley replied that part of that road to the back of those lots on Braden Street has already been platted, so it is street right-of-way. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Mayor Johnson pointed out they will not be paving it, but might make a sidewalk. He mentioned that if the owner wanted to build back there, he would have to curb, gutter, and put in sidewalks, but since the City has those lots we do not want to mow, the City is getting something they and the Water Department need. Council Member Traylor moved, seconded by Council Member Mashburn to adopt Resolution 822 (#07-2022) in its entirety. MOTION CARRIED. c. RESOLUTION 823 (#08-2022) A RESOLUTION APPROVING AND GRANTING MAYOR JOHNSON AND OTHER OFFICIALS TO ENTER INTO THE 2023 CALENDAR YEAR PROPORTIONATE SHARE AGREEMENT WITH THE CITY OF MAUMELLE FOR THE PROPORTIONATE SHARE OF ONE-HALF THE BASE SALARY OF THE STATE DISTRICT COURT JUDGE AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Twitty to read Resolution 823 (#08-2022). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 823 (#08-2022). Mayor Johnson stated this is just a housekeeping measure, adding that we share our District Judge with Maumelle and this is the City’s share of the salary. When Council Member Twitty asked why Jacksonville pays more than Maumelle, he responded that Jacksonville’s docket is larger than theirs. City Attorney Friedman clarified that the Judge is in Jacksonville three, sometimes four, days a week with the docket. She detailed that she has traffic on Tuesdays and criminal on Wednesdays and Thursdays. She believes she is only in Maumelle one day a week, confirming that Jacksonville’s docket is bigger than theirs. Council Member Ray moved, seconded by Council Member Rains to adopt Resolution 823 (#08-2022) in its entirety. MOTION CARRIED. d. RESOLUTION 824 (#09-2022) A RESOLUTION, REPEALING AND REPLACING RESOLUTION NO. 805 (#3-2021), IN SUPPORT OF AND AUTHORIZING THE EXECUTION OF SALE DOCUMENTS FROM THE CITY OF JACKSONVILLE FOR CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL LOCATION – UNITS 2 AND 3 OF THE REBSAMEN MEDICAL SUBDIVISION); AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Mashburn to read Resolution 824 (#09-2022). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 824 (#09-2022). Bo Renshaw with Harris and Renshaw Physical Therapy dba Jacksonville Physical Therapy stated they are excited about the property and want to get started building in the medical district. He recalled that they came to City Council before with a potential purchase price, but a lot has changed over the year and a half with costs skyrocketing for the project. He pointed out that they ran into an Entergy easement on the plat that restricts building, forcing them to condense their 10,000 square feet original plan down to about 4,000 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. square feet. He brought up an appraisal that also lowered the price with now a new potential price for City Council to consider. He concurred when Mayor Johnson mentioned that the powerline easement did not allow them to build the planned spaces they were going to rent out to others. Mayor Johnson reminded this is land that was given to the City by the Hospital Board. When Council Member Twitty requested clarification, he replied that with the powerline easements they cannot build buildings underneath the powerlines. Mr. Renshaw noted they would be building on Lot 2, but Lot 3 is severely restricted, as to the size building that can be built. He related they can fit a 4,000 square foot building on Lot 2 and be clear of the Entergy easement, but it cuts across the other lot and severely restricts it. Mayor Johnson related it would be good for a parking lot. Council Member Blevins stated he knows this property well, adding that at the time the buyers were negotiating this with the Mayor, this utility easement was already known to them since Brooksher Banks talked with the Mayor about it. He acknowledged they cannot build directly underneath, but when you look at the amount of area there, it was always going to be there and all of the other businesses that built are still there. He pointed out that if look at an overhead view, it cuts right behind all of them and goes over their parking lots, so that area can be turned into a parking lot if they wanted. He recalled that when they did the initial appraisal, it came back at $475,000.00 and the price quoted before was $330,000. He noted the latest appraisal was done from Stephens, which is the same person who did another appraisal, and it came back at $202,000.00. He questioned if not being able to build a structure underneath that powerline cut the price by 60% of what the original appraisal was. Mayor Johnson confirmed that the original appraisal did not take into account the restriction of it being for medical purposes only. He assured it took into account that it could have been for a Zaxby’s or a McDonald’s, but it did not take into account that the Bill of Assurance states that it can be for medical use only. He surmised that the buyer did not know the severity of the powerline easement until their architect drew it up. Council Member Dietz mentioned that guidelines have changed in the last three to five years with easements in subdivisions and commercial areas where if you have over hanging powerlines, you cannot mess with them or build on them. Council Member Blevins clarified that you cannot build under them, but you have 100 feet, which is 50 feet from the center. He detailed that Zaxby’s is approximately 37 feet from the center and the old Dr. Crenshaw building is approximately 42 feet from the center. He does not like the idea that the limitation takes 60% off the value of it and took it from a $300,000.00 offer to a $200,000.00 offer. He then noted the City paid $2,000.00 for an appraisal, but this one was done for $300.00. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Council Member Dietz stated they are all negotiable since there is no set price, adding if you get an appraisal it is a set price through a government loan, but if it is not, it is a private entity that can charge what they want. He explained that you used to be able to put a septic tank on one acre, but if it does not percolate or you cannot run septic lines on neighboring property, that piece of property is null and void, not worth anything. He stated it is worth what someone is willing to pay to get a property they can make suitable for what they are going to do. He noted we really need businesses coming to Jacksonville. Council Member Blevins stated this is not residential property, but commercial. Mayor Johnson clarified it is medical only, adding that it will be nice since the last new building built there was 20 to 25 years ago. He shared that he is glad they are here in town and that they are invested in Jacksonville. He reiterated this land was given to the City and instead of just having the $1.6 million to put toward the new Fire Station, they will now have $1.8 million. Council Member Blevins requested to see the written reason that shows why this price was so different, referencing how he was told the $475,000.00 appraisal did not add in the fact that this property was for medical use only. He would like to see if that was the case and asked about the Bill of Assurance. Mayor Johnson shared that he has seen the Bill of Assurance before, but he does not have it with him. He explained that the Hospital Board set all of that area up for medical use only and they gave the City the Bill of Assurance with that property when they gave it to the City. Council Member Blevins acknowledged that Mayor Johnson did relate that, but he recalled that Council Member Traylor had asked for a copy of the Bill of Assurance and they never received it. When asked, Public Works Director Jim Oakley replied that he does not know where it is, but they could check with the Courts. Council Member Ray moved, seconded by Council Member Traylor to adopt Resolution 824 (#09-2022) in its entirety. MOTION CARRIED with Council Member Blevins voting NAY. e. ORDINANCE 1706 (#25-2022) AN ORDINANCE TO SET ADDITIONAL MILLAGE TAX RATES TO BE ESTABLISHED IN 2023 FOR THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Council Member Ray moved, seconded by Council Member Twitty to place Ordinance 1706 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1706. Mayor Johnson stated that this is a housekeeping measure that sets the tax rates that have been previously set so the City can get that money. Council Member Blevins moved, seconded by Council Member Rains to AMEND Ordinance 1706 to remove the one-half (.5) mill designated for the City’s General Fund and the one-half (.5) mill designated for the City’s Capital Equipment. ROLL CALL: Council Member Blevins and Rains voted AYE. Council Member Dietz, Bolden, Sansing, Ray, Mashburn, Traylor, and Twitty voted NAY. MOTION FAILED. Council Member Ray moved, seconded by Council Member Bolden to APPROVE Ordinance 1706 on FIRST READING and SUSPEND THE RULES and place Ordinance 1706 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Sansing to APPROVE Ordinance 1706 on SECOND READING and SUSPEND THE RULES and place Ordinance 1706 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Ray to APPROVE AND ADOPT Ordinance 1706 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. Council Member Sansing moved, seconded by Council Member Ray that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. th ORDINANCE 1706 (#25-2022) APPROVED AND ADOPTED THIS 6 DAY OF OCTOBER, 2022. f. ORDINANCE 1707 (#26-2022) AN ORDINANCE TO AMEND JACKSONVILLE MUNICIPAL CODE § 2.90.010 TO INCLUDE ATTENDANCE REQUIREMENTS FOR THE ADVERTISING AND PROMOTIONS COMMISSION FOR CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Traylor to place Ordinance 1707 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1707. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Council Member Traylor stated there are other commissions that have attendance requirements, but there has never been one for the A&P Commission. He explained that for the last two months they have been trying to meet, but cannot get a quorum. Mayor Johnson related that if someone is willing to serve on that Commission, they should be there and participate. He thanked Council Member Traylor and Council Member Ray for always being present. Council Member Twitty shared what it would be if they miss three consecutive meetings without being excused. Council Member Traylor moved, seconded by Council Member Twitty to APPROVE Ordinance 1707 on FIRST READING and SUSPEND THE RULES and place Ordinance 1707 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. Council Member Traylor moved, seconded by Council Member Ray to APPROVE Ordinance 1707 on SECOND READING and SUSPEND THE RULES and place Ordinance 1707 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Mashburn to APPROVE AND ADOPT Ordinance 1707 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Mashburn, Traylor, Twitty, and Rains voted AYE. MOTION CARRIED. Council Member Ray 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, and Rains voted AYE. MOTION CARRIED. th ORDINANCE 1707 (#26-2022) APPROVED AND ADOPTED THIS 6 DAY OF OCTOBER, 2022. g. RESOLUTION 825 (#10-2022) A RESOLUTION ADOPTING THE ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR THE POLICE DEPARTMENT FOR THE CITY OF JACKSONVILLE, PULASKI COUNTY ARKANSAS. Council Member Ray moved, seconded by Council Member Mashburn to read Resolution 825 (#10-2022). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 825 (#10-2022). Mayor Johnson stated that last meeting they had one Resolution that would have approved it all, but now they have broken it down so Council can pass some of it in order to get things started. He explained that the other things they may not want to pass can be held. 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Council Member Ray moved, seconded by Council Member Bolden to adopt Resolution 825 (#10-2022) in its entirety. MOTION CARRIED. h. RESOLUTION 826 (#11-2022) A RESOLUTION ADOPTING THE ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR THE PARKS AND RECREATION AND IT DEPARTMENT FOR THE CITY OF JACKSONVILLE, PULASKI COUNTY ARKANSAS. Council Member Ray moved, seconded by Council Member Mashburn to read Resolution 826 (#11-2022). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 826 (#11-2022). Council Member Blevins recalled that a couple of years ago the City had a feasibility study done for the Smash It Sports Complex, but found out this third party wanted the City to build and spend all of the money just so they could take it over. He explained that they did the feasibility study that came back saying it was a good idea, so why not take this money and put it towards doing the complex that would have been the Smash It Sports Complex. He reiterated that they have already done the feasibility study and looked into finding the funding, adding that the City has the ability to sell the naming rights to the complex to help pay for it. When Council Member Traylor asked where the original complex was going to be located, he replied on Wooten Road. Council Member Traylor asked Parks and Recreation Director Kevin House how much business would come into Jacksonville if a tournament was held on Wooten Road. Director House stated that the City would need to build that end of town, adding that the original plan was to sell lots for hotels, restaurants, etc. He assured that no one will ever hear him say that we do not need a new sports complex in Jacksonville, but his concern is where would the rest of the money come from. He explained that three years ago when they were looking at this, the estimation was $1 million per field, but costs have gone up dramatically. He related that the five-field complex, Majestic Park in Hot Springs, was finished last year and it costed $9 million, so if we want ten to twelve fields, he surmised it would cost $25-30 million to build it. Council Member Blevins shared that it is not uncommon and it was taken into consideration when they got the money to do the approximately $18,000.00 feasibility study, so the City was already prepared to look into finding that funding. Director House concurred, adding that the City was told one thing, but the contract was totally different, therefore, it was not signed. He explained that the feasibility study, the Master Plan, and the Business Plan that was done is still there, but it is just finding the funding. Council Member Blevins suggested putting this money toward building the complex. 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Council Member Sansing stated that the City needs to take care of what they have now, confirming that there are needs and repairs at the ballfields that need to be taken care of now. Mayor Johnson shared that he has worked with the County Judge who is looking into getting $15-20 million to jumpstart the project, which would then make it feasible. Council Member Rains moved, seconded by Council Member Bolden to adopt Resolution 826 (#11-2022) in its entirety. MOTION CARRIED. i. RESOLUTION 827 (#12-2022) A RESOLUTION ADOPTING THE ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR THE PUBLIC WORKS, WATER, AND WASTE WATER DEPARTMENTS FOR THE CITY OF JACKSONVILLE, PULASKI COUNTY ARKANSAS. Council Member Ray moved, seconded by Council Member Rains to read Resolution 827 (#12-2022). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 827 (#12-2022). Mayor Johnson stated this would give half of a million dollars to the Sewer Department, half of a million dollars to the Water Department, and $200,000.00 to Public Works to give to the Sewer Department for the money they spent relocating lines on Loop Road. Council Member Blevins explained that when Water and Wastewater were talking about this money, they were told that they were going to get a million dollars and allocated as such. He confirmed they did not use any of the ARPA money to give their employees Premium Pay, like the City did, because they thought this money was coming in. He shared that they actually budgeted for it, so he feels they need to figure out a way to give them the $1 million each that they had already prepped for because when you budget a million dollars for something then find out you are only getting half of it, it is a big deal. He believes they need to do that, but if no one wants to do that, he at least believes the City should pay them back for the ARPA money they spent to pay their employees Premium Pay. Mayor Johnson surmised that it was $40,000.00 and $30,000.00. Council Member Blevins believes that instead of taking the cheaper route, they should honor the commitment. Mayor Johnson confirmed that it was never a commitment, but was a wish before he knew that the City was going to have to build a Fire Station 2. Council Member Bolden related that when the original Resolution came out, he took the time to talk to each one of the Directors to get a feel of where they stood. He recalled that they were satisfied with what they would receive, although they were expecting more. He stressed that the Directors chose what they wanted, therefore, it should go as written. 13 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Council Member Blevins noted that when the meeting was called, no one called Water and Wastewater to attend, so their voice was not heard. He pointed out that there was also no need for them to show up because they had already had a story from the Mayor. Mayor Johnson related that he wanted to give them a million dollars, but that is not how it worked out because the City now has to spend $2.2-2.4 million when Chad Young brings back an estimate of what the Fire Station is going to cost. He shared that he has talked to Water Works General Manager Jake Short and Wastewater Utility General Manager Thea Hughes and they are okay with it, although they would have liked the $1 million. Council Member Blevins, seconded by Council Member Rains to reimburse Jacksonville Water Works and Jacksonville Wastewater Utility for the Premium Pay money they paid their employees out-of-pocket. General Manager Short stated that his Department’s Premium Pay total was a little over $30,000.00, adding that there would have been some administrative things that would have had to be done for that money to be turned over to them. He explained that filling out the paperwork was not worth the $30,000.00 since they already had the money in the payroll budget, due to difficulties hiring staff. He noted that they thought they would wait for when the other funds were available. Mayor Johnson stated that he is okay with reimbursing Water and Wastewater for the Premium Pay they paid to their employees. General Manager Hughes explained that when they thought they were going to get the $1 million, they did not want to do all that was required for just $30,000.00, but wanted to wait to get the $1 million, so they decided to use their budgeted funds. She pointed out that they did not hire people during that year they budgeted for, so they had the money. She reiterated that they were expecting the $1 million and did budget for it, but she understands there are other needs in the City as well, so they are very happy to get $500,000.00. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Rains to adopt Resolution 827 (#12-2022) in its entirety. MOTION CARRIED. j. RESOLUTION 828 (#13-2022) A RESOLUTION ADOPTING THE ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR THE FIRE DEPARTMENT FOR THE CITY OF JACKSONVILLE, PULASKI COUNTY ARKANSAS. Council Member Ray moved, seconded by Council Member Sansing to read Resolution 828 (#13-2022). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 828 (#13-2022). 14 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Mayor Johnson stated this allocates $1.6 million to the new Fire Department station. He explained they met with an architect in the last two weeks and he had some ideas of how to possibly get the project down below $2 million. He hopes to use the money the City gets from the sale of Lots 2 & 3 of Rebsamen Medical Subdivision to go with this in order to get the Fire Station underway. He would like to be in the Fire Station by middle of next year, but is waiting on the architectural drawings. Council Member Blevins pointed out that this absolutely needs to be done, adding that after going through and looking at the full Forvis plan about the finances of the City, he feels that the City has excess money that was not allocated so the City could go ahead and fund the entire Fire Station. Mayor Johnson confirmed that it will be in next year’s budget because by then we will know the cost of it. Council Member Blevins clarified that a concern last time was the money having to sit in an account until they find out where the rest of the money was coming from, but after looking at the Forvis count, the City has the money. He believes they should definitely state the intention is to use the money we have to go ahead and build it. Mayor Johnson noted that by the time the 2023 budget comes to Council, they will have a price on what that building is going to cost. Council Member Ray moved, seconded by Council Member Bolden to adopt Resolution 828 (#13-2022) in its entirety. MOTION CARRIED. k. RESOLUTION 829 (#14-2022) A RESOLUTION ADOPTING THE ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR THE PARKS AND RECREATION DEPARTMENT FOR THE CITY OF JACKSONVILLE, PULASKI COUNTY ARKANSAS. Council Member Ray moved, seconded by Council Member Traylor to read Resolution 829 (#14-2022). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 829 (#14-2022). Mayor Johnson stated that this is to fund a splash pad downtown, which would also include led lights down Main Street. He assured that it will not be changing the street lights, but will be adding additional lights so Main Street will be brighter. Parks and Recreation Director Kevin House pointed out that he has provided pictures at each Councilmember’s station. He noted that they are all four in the State of Arkansas, adding that in Bentonville, they do their ice-skating rink downtown at the same location. He related that the one in Bentonville is similar to what he was thinking of but more of an architectural look; not slides and play areas. He showed examples of Tindall Park in Benton, one at Dickey Stephens, and one in Hot Springs. He brought up that he chose that particular picture for the one in Hot Springs because it has a good view of 15 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. their fencing. He related he would not want chain-link, but something ornamental, like wrought-iron, so even when it is closed it is still pleasing. He confirmed that when it is open, there will be a monitor there during the hours of operation. He shared that they would not need a lifeguard for the splash pad, but it is best to have a monitor to make sure nothing is torn up, make sure pumps work, etc. He reiterated that there would be hours of operation and when it is closed the gates would be locked and the water turned off. Council Member Blevins brought up the fountain near the Chamber of Commerce that has not been working for the last couple of years since there was no money to fix it or it was too expensive to fix. He asked what will happen when the splash pad stops working; will it be just another fixture sitting. Director House shared that the problem with the fountain at the Chamber is the way it was constructed because there is no way to winterize it. He stated that he and Public Works Director Jim Oakley have both worked on it numerous times. He assured that he would make sure the splash pad is built to not have those same challenges. Mayor Johnson pointed out that there is a group raising funds to redo the fountain and do it in a manner where it can be winterized. Council Member Twitty related that she believes the splash pad idea is great, but putting it in the proposed spot is the absolutely worst place. She noted that it is a parking lot with cars and she cannot see kids running around there. She questioned bringing something new to downtown when they have not even fixed up downtown. She mentioned having new citizens who come in with the Air Base and when they are directed to go somewhere for information, they are going to go to the Chamber of Commerce. She asked why would they spend this kind of money to put something in a very active parking lot and not take the money to fix the fountain. She stressed that it is our responsibility to take care of what we have and we should be able to be proud of the Chamber of Commerce. She believes it is an eyesore right now for anyone who looks at that building with a fountain that has been dried up for several years now. Director House reiterated that he feels the City needs a splash pad. Council Member Twitty did not agree that the City needs a splash pad on Main Street in a parking lot, saying the whole ideal seem crazy while we have an important building in our City, the Chamber of Commerce, where the fountain should be running. She related that she is asked about the fountain not working all the time. Council Member Dietz stated that he also did not feel this is the right place for the splash pad, adding that he agrees we need to take of the things we already have. He stated that he feels the splash pad is going to be a maintenance nightmare, are we going to fix it if we are not fixing what we have. He mentioned other areas that still require maintenance or repair. 16 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Council Member Blevins noted that the lights in the parking lot were eliminated when it was under previous management. Parks and Recreation Director Kevin House stated that he had not contacted the owners of the parking lot to see if they would be willing to reinstall the lights. He then answered that there would be seating and shade of some sort at this location, as well as fencing. Council Member Bolden stated that he did not agree with the idea of the splash pad being downtown. Council Member Bolden moved, seconded by Council Member Rains to table Resolution 829 (#14-2022) and get an estimate of the cost to repair the Chamber of Commerce fountain. MOTION CARRIED. APPOINTMENTS: A&P COMMISSION Appointment of Jai Patel to fill the unexpired term of Henal Shah set to expire 03/31/2024 Council Member Ray moved, seconded by Council Member Traylor to approve the appointment of Jai Patel for a term to expire 03/31/2024. MOTION CARRIED. UNFINISHED BUSINESS: ANNOUNCEMENTS: Arkansas Office Products Mayor Johnson stated that Steve Pawloski asked him to thank everyone who stopped by his business today. CDBG is accepting donations for the Point in Time count Mayor Johnson stated that CDBG is looking for donations of time or items that people can give to help count the homeless. th Council Member Bolden stated that at 1:00 p.m. on October 11 there will be a meeting at the Jacksonville Community Center regarding how people can help the homeless. CDBG Director Benita Bosier-Ingram stated, by telephone, that they are preparing for the Point in Count in January, so the City of Jacksonville has started to purchase equipment. She asked for anyone to provide donations for it, because they will be purchasing survival bags so any homeless person they come in contact with in the City of Jacksonville can get one. She shared that one of her goals is to try to secure funding to help the homeless population. She explained that they do this count every year, reiterating that they are seeking contributions to it. Trunk or Treat Parks and Recreation Director Kevin House stated the Trunk or Treat event will be on Halloween night and will include a hay maze, hay ride, games for the kids, etc. 17 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2022 6:00 P.M. – 7:18 P.M. Mayoral Candidate Forum th Mayor Johnson stated the Mayoral Candidate Forum will be on October 19 at 6:00 p.m. at the Jacksonville Community Center. 2023 Budget Council Member Twitty asked Finance Director Cheryl Erkel about when they will start working on the 2023 budget. Director Erkel responded that the departments are already working on theirs and were supposed to turn it into Finance this week. She shared that she will be out on vacation next week, but as soon as she gets back she will be reviewing them and compiling everything together to start setting up budget meetings. She related that the A & P Commission will be meeting on October th 17 to go over their budget, so she will have their information to enter into the City’s budget as well. Council Member Dietz mentioned the budget, sharing his concerns with running behind on things. He noted the ARPA money the City has had for a long time when every other city around Jacksonville spending theirs already. He believes the City Council should have already allotted this money, have known what was going on, and had a say so in it. He feels like the City is dragging its feet since they had half of this money since February and just received the other half to equal $5.4 million. He pointed out that if they going to handle City business, they need to do it up front and not always be behind. Council Member Blevins wished the council members were invited to sit in any of the budget meetings for the ARPA funds. He believes that would have shared a lot of information, reiterating that he wished everyone would have been invited to them instead of just some. He stated when the email went out, it should have gone out to everyone, not just certain directors. Jacksonville Senior Center Karaoke Night Council Member Twitty stated that on the first and third Friday of every month at the Jacksonville Senior Center they are starting karaoke. She explained that it will be held from 7:00 p.m. to 10:00 pm., is free, and is for all ages. She shared that her mother started it and she is very excited. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:18 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 18