22 DEC 15CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 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 December 15, 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, Mashburn, Traylor, Twitty, Smith, and Rains answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum.
PRESENT NINE (9) ABSENT (1). Council Member Ray was absent.
Others present for the meeting were: City Attorney Stephanie Friedman, Finance Director Cheryl Erkel, Parks and Recreation Director Kevin House, Police Chief Brett Hibbs, Fire Chief
Alan Laughy, City Engineer Adam Whitlow, Human Resource Director Charlette Nelson, Lieutenant Ryan Wright, Wastewater Utility General Manager Thea Hughes, IT Director Emily Osment,
Animal Control Supervisor Jamie Parker, Mayor Elect Jeff Elmore, Assistant Finance Director Laura Collie, Former Mayor Gary Fletcher, Jim Moore, Tommy Bond, Jim Durham, Robert Waters,
Jay McCarty, and Christine Henderson.
PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regularly scheduled City Council meeting of December 1, 2022 for approval and/or correction at the next regularly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Council Member Bolden moved, seconded by Council Member Rains that the minutes of the regularly scheduled City Council meeting of November 17, 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 November 2022.
NOVEMBER
PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED
Building Permits 12 Building Inspections 38
Business License Electrical 29 Plumbing 43
HVACR 20
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Council Member Bolden moved, seconded by Council Member Mashburn to approve the regular monthly report for November 2022 from the Jacksonville Fire Department, reflecting a fire loss
of $3,500.00 and a savings total of $725,000.00.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Council Member Bolden moved, seconded by Council Member Mashburn to approve the Regular Monthly Report for November 2022 regarding annual crime statistical comparisons.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 P.M.
REGULAR MONTHLY REPORT/CODE ENFORCEMENT
Council Member Bolden moved, seconded by Council Member Mashburn to approve the regular monthly report as presented for November 2022.
Assigned Calls 142
Self-Initiated Calls 43
Follow Ups 23 Apartment Complexes Inspected 16
Three Day Notices 109 Red Tags Issued 1
Seven Day Letters 47 Search Warrants 0
Citations Issued 1 Rehabbed Structures 0
Vehicles Tagged 24 Structures Condemned 0
Vehicles Towed 3 Demolition by City 0
Garbage Cans Tagged 0 Demolition by Owner 1
Basketball Goals 0 Parking Violations 0
Structures Inspected 185 Grass Mowed 0
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Council Member Bolden moved, seconded by Council Member Mashburn to approve the regular monthly report for November 2022.
ADOPTION FEES $ 0.00
SPAY/NEUTER FOR ADOPTED DOGS 0.00
FINES 855.00
CONTRIBUTIONS 1,150.00
TOTALS $ 2,005.00
ROLL CALL: Council Member: Dietz, Bolden, Blevins, Sansing, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION: a. Request to accept bid: AGFF Shooting Sports Complex shot curtain grading and drainage
Tommy Bond with Bond Consulting Engineers related they are the engineers for the shooting range shot curtain.
Parks and Recreation Director Kevin House explained that he and Mr. Bond had discussed splitting up this project into two phases, with this bid being the first part for dirt work and
drainage. He requested City Council accept the low bid, out of the four bidders, that has also done good work for Mr. Bond in the past.
When Council Member Traylor inquired about the fill material price being much lower than the other bidders, Mr. Bond replied that they have come up with an alternate to borrow it on
site to reduce the cost slightly more. He explained
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 P.M.
it is 1600 yards, noting they are trying to level it up so when the shot curtain is built, it will be level. He detailed that it will be 1600 feet long and 50 foot tall.
Council Member Sansing moved, seconded by Council Member Bolden to accept the low bid of $47,133.00 from SiteWork One. MOTION CARRIED.
Mr. Bond related that they will be back with a separate bid for the structure to hold the shot curtain.
b. ORDINANCE 1716 (#35-2022)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF INSTALLING LED LIGHTING FOR THE CITY OF JACKSONVILLE PARKS AND RECREATION DEPARTMENT;
DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Council Member Bolden moved, seconded by Council Member Mashburn to place Ordinance 1716 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Mashburn, Traylor,
Twitty, Smith, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1716.
Parks and Recreation Director Kevin House stated this is one of the projects they requested and was approved for funding with ARPA funds. He explained that the amounts Council had received
was a phone quote received from a lighting company, but when he requested an official quote, it came in at approximately $700,000.00 instead of the $430,000.00 originally quoted. He
shared that he met with several other contractors and came up with a plan. He explained that Taylor Electric is a local Jacksonville company that offers the same great quality sports
light fixtures with a 10-year warranty at a much lower price to bring it back within the project’s budget. He mentioned the quote being approximately $316,000.00, but added that it
does not include an additional $15,000.00 to $20,000.00 in lift rentals, yet still falls under the $450,000.00 that was originally approved. He requested to waive competitive bidding
because the lighting company is out of California and has to get P.O.s since they only have about 70 in stock, which is about half of what is needed. He surmised if they order now,
they will be here within four to six weeks and they can get started installing. When Council Member Twitty inquired, he responded that the lights will be going up on Fields 5, 6, and
7, which are the newest softball fields to the left as you pull into the park. He confirmed that all 88 lights above the baseball fields are in great shape right now since they found
a truck that allows them to reach the lights.
Council Member Bolden noted that Taylor Electric is a very good, trustworthy local company and he believes they would do a good job.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 P.M.
When Council Member Traylor asked what is costly and nonproductive about getting competitive bids, City Attorney Stephanie Friedman responded in order to advertise for competitive bidding
it could take a lot longer than waiving it, but the cost is probably subjective.
Council Member Traylor asked what is being furnished other than lights and what is the cost of a light, Director House replied labor to put them up and wiring, but was unsure of the
cost per light. He detailed that there are 152 lights on those three fields and none of the quotes was not broken down from labor and materials.
Council Member Traylor related that he believes the City should know how much a 600-watt LED sport light would cost.
Council Member Bolden pointed out that this project was approved for $450,000.00, but this came in at $316,000.00, is with a local company, and needs to be done.
Council Member Sansing mentioned supply chain issues that can hold up getting things done, adding that he is not normally in favor of waiving competitive bidding, but due to those issues,
sometimes we have to get what is available, in a timely manner.
Council Member Twitty commented about checking other companies, Director House replied that he has, noting that one quote he has from Musco Sports Lighting came in at $700,000.00, and
a phone quote from Curtis Stout came in at $540,000.00 for the same job that Taylor Electric quoted. He confirmed they did not go out and open sealed bids for this project, but he did
get other quotes and Taylor Electric, by far, was the cheapest.
Council Member Rains noticed that the quote has an energy savings number broken down per hour and asked if Director House has an estimate of how many hours annually that these lights
will be used.
Director House stated he can get that and has done it for an energy audit they did in the past. He detailed that during the season they use them three nights a week, two to three hours
a night, per field, adding that in 2023, he has 42 events scheduled ranging from some not being used at all, to others possibly being used five or six hours on the weekends. When Council
Member Twitty inquired about how many lights are out currently, he replied several, adding that the wiring is so bad it is getting to the point where they cannot hardly replace them
and those 1500-watt metal halides are going to be a thing of the past; that is why he would replace them with LEDs.
Council Member Bolden moved, seconded by Council Member Mashburn to APPROVE Ordinance 1716 on FIRST READING and SUSPEND THE RULES and place Ordinance 1716 on SECOND READING. ROLL CALL:
Council Member Dietz, Bolden, Blevins, Sansing, Mashburn, Twitty, Smith, and Rains voted AYE. Council Member Traylor voted NAY. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 P.M.
Council Member Bolden moved, seconded by Council Member Sansing to APPROVE Ordinance 1716 on SECOND READING and SUSPEND THE RULES and place Ordinance 1716 on THIRD AND FINAL READING.
ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Mashburn, Twitty, Smith, and Rains voted AYE. Council Member Traylor voted NAY. MOTION CARRIED.
Council Member Sansing moved, seconded by Council Member Bolden to APPROVE AND ADOPT Ordinance 1716 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Mashburn,
Twitty, Smith, and Rains voted AYE. Council Member Traylor voted NAY. MOTION CARRIED.
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, Mashburn,
Twitty, Smith, and Rains voted AYE. Council Member Traylor voted NAY. MOTION CARRIED.
ORDINANCE 1716 (#35-2022) APPROVED AND ADOPTED THIS 15th DAY OF DECEMBER, 2022.
PLANNING COMMISSION:
COMMITTEE(S):
GENERAL: PUBLIC HEARING ORDINANCE 1715 (#34-2022)
AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY OF
JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Mayor Johnson opened the public hearing at approximately 6:14 p.m.
With no one requesting to speak, Mayor Johnson closed the public hearing at approximately 6:15 p.m.
Council Member Traylor moved, seconded by Council Member Mashburn to place Ordinance 1715 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Mashburn, Traylor,
Twitty, Smith, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1715.
Lieutenant Ryan Wright stated these are the remainder of the liens they have for the year, adding that the way their invoicing system fell, they were able to get the first set filed,
but the second set came in later due to time constraints with the 60 days they have to give property owners notice.
Council Member Dietz believes that with a little effort, these local people can be found to pay these bills. He was unsure how Code tries to collect them, but he would like an alternative
to get the money, other than putting a lien on the property that may never be collected.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 P.M.
Lieutenant Wright assured they send an invoice and a lien letter by certified mail.
Mayor Johnson mentioned looking into what collection procedures is the City allowed to do before placing liens, by State Law.
Council Member Dietz brought up registering rental company owners so the City knows how to contact them to pay their bills.
Council Member Bolden moved, seconded by Council Member Sansing to APPROVE Ordinance 1715 on FIRST READING and SUSPEND THE RULES and place Ordinance 1715 on SECOND READING. ROLL CALL:
Council Member Dietz, Bolden, Blevins, Sansing, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED.
Council Member Bolden moved, seconded by Council Member Sansing to APPROVE Ordinance 1715 on SECOND READING and SUSPEND THE RULES and place Ordinance 1715 on THIRD AND FINAL READING.
ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED.
Council Member Bolden moved, seconded by Council Member Sansing to APPROVE AND ADOPT Ordinance 1715 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Mashburn,
Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED.
ORDINANCE 1715 (#34-2022) APPROVED AND ADOPTED THIS 15th DAY OF DECEMBER, 2022.
b. SECOND READING ORDINANCE 1714 (#33-2022)
AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2023; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT; FOR THE PURCHASE OF MATERIALS,
SUPPLIES, EQUIPMENT, AND SERVICES COVERING GENERAL FUND OPERATIONS, STREET FUND, EMERGENCY MEDICAL SERVICES FUND, SHOOTING RANGE FUND, AND SANITATION FUND; DECLARING AN EMERGENCY; AND,
FOR OTHER PURPOSES.
Council Member Bolden moved, seconded by Council Member Rains to place Ordinance 1714 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Mashburn, Traylor,
Twitty, Smith, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1714.
Council Member Blevins noticed the budget going from $23 million last year to $25 million for 2023, which is a significant jump. He brought up that the estimate of what the City ends
up spending this year is at almost $29 million, and that is with it not being fully staffed and not buying the things they had already budgeted to spend. He asked where if the excess
$7 million coming from.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 P.M.
Finance Director Cheryl Erkel replied that some of it is from the increase in the sales tax revenue and some is the ARPA funds that City Council already agreed to allocate to projects.
She explained that some of those projects are not going to be able to completed in 2022, therefore, they have been put into the 2023 budget.
Council Member Blevins noted there was $5.44 million, they approved Premium Pay that dropped it down to $5.190 million, and that is the money that was allocated out. He stated they did
not pass the $300,000.00 for the splash pad, so there should be roughly $300,180.00 left over that was not allocated. He related that with keeping that $5.190 million in mind, there
is a $6 million difference, to that eats up the whole ARPA money, which they are only using some of it this year. He is trying to figure out where the other money that was not from
there is being paid out of. He recalled there was misinformation given to everyone about $9 million in reserves, but that included this ARPA money, so one that is spent, the City really
only has $3 million in coffers.
Director Erkel was unsure where Council Member Blevins was getting those figures.
Mayor Johnson recalled that Council Member Blevins asked the auditor if the $9 million reserves included the ARPA funds, and he said no.
Council Member Blevins concurred, but shared that he had asked Director Erkel and she said that it did.
Director Erkel confirmed that it included part of it because the City received half of the money in 2021 and the other half in 2022.
Council Member Blevins assured he is just trying to figure out where that excess money is coming from and how much actual money the City has in reserves to cover this, because they have
already had to pull from the reserves for Sanitation Department. He asked if they registered $23 million last year, including some of the ARPA funds, and we are at $25 million this
year, does that mean the actual at the end of next year is going to be somewhere around $30-31 million.
Director Erkel replied no, next year it should be back somewhere in between the $22-25 million. She explained that the budget fluctuates every year because there are some years where
more equipment is needed than others.
Council Member Blevins pointed out there was a lot of it that was not bought after it was budgeted for this year and we still went $6 million over.
Director Erkel reiterated that she is still not sure where he is getting the $3 million figure.
Council Member Blevins clarified that it is actually $2.3 million.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 P.M.
Director Erkel related that she has the estimated revenues projected for the end of this year and also has the projected revenues that the City will be receiving in 2023.
Council Member Blevins explained that he saw that the proposed amount of money the City was going to be spending was $28-29 million and they did not buy these others things that were
budgeted for, so he is trying to find out next year if the budget is going to be at $31 million at the end.
Director Erkel confirmed that they will not know until the end of next year, adding that it is a working document not set in stone since there are going to be things pop up that were
not expected but must be taken care of. She stated there are some things that were budgeted for that they are not going to be able to accomplish because something else had to done that
was higher priority. She concurred when Council Member Rains asked if the line item for Intergovernmental Grant Income in Revenues, where the original budget was $38,000.00 and the
actual is a little over $3 million, was from the ARPA funds.
Council Member Bolden moved, seconded by Council Member Mashburn to APPROVE Ordinance 1714 on SECOND READING and SUSPEND THE RULES and place Ordinance 1714 on THIRD AND FINAL READING.
ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Mashburn, Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED.
Council Member Bolden moved, seconded by Council Member Mashburn to APPROVE AND ADOPT Ordinance 1714 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Mashburn,
Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED.
Council Member Sansing moved, seconded by Council Member Bolden that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Mashburn,
Traylor, Twitty, Smith, and Rains voted AYE. MOTION CARRIED.
ORDINANCE 1714 (#33-2022) APPROVED AND ADOPTED THIS 15th DAY OF DECEMBER, 2022.
c. Jim Moore to address City Council regarding Animal Shelter
Jim Moore, President of Stonewall Homeowners Association, stated that on December 12th around 11:00 a.m., he received a call from one of the homeowners in Stonewall regarding a dog attack.
He explained that the attack was against an elderly lady who was walking her small dog down the sidewalk near the Christian church on East Martin Street. He detailed that a black lab
attacked her dog and pulled her down, adding that he was unsure of how much it hurt her since he was not there. He shared that another homeowner, who was coming home from work at the
time, lives near there and stopped to help, along with another female in a red car who gave the lady and her dog a ride home. He related that the dog that attacked took off and was
not wearing a leash or
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 P.M.
collar, but was running loose right behind the apartments where there are a lot of children that play and near the dance studio where the young people walk from their homes. He mentioned
that he called the Animal Shelter right after he was notified by the homeowner, at approximately 11:21 a.m., and requested for the black lab to be picked up before it attacked someone
else or another dog. He related that the Animal Control Officer that answered the phone asked him if he had seen the incident and he told her no, that the Stonewall homeowner had informed
him of it. He recalled that he was told that unless he saw the incident happen, they cannot send anyone out to look for the black lab. He did not like that response because it is the
responsibility of the Animal Shelter to track down these loose dogs and prevent them from attacking someone else. He shared that the homeowner that contacted him works nights, therefore,
he could not be present to testify to the incident.
Police Chief Brett Hibbs was unsure what they were wanting to achieve here, adding that this is a personnel matter that he should have been notified about privately, and not publicly.
As far as he knows, the Animal Control Officers come out when they are called.
Council Member Bolden shared that his experience with the Animal Shelter is that when he has called, they came out and tried to find the dog. He did not know about this particular incident,
but they did come out when he called in the past.
Chief Hibbs confirmed that he does expect them to go out when they are called since he does not want dogs roaming the City. He mentioned that the Animal Shelter is full to where if they
pick up a dog, they have to get rid of one.
Animal Control Supervisor Jamie Parker recalled that with this particular incident, Mr. Moore called the Shelter, and as everyone knows, they are short staffed with only two brand new
officers that are still in training. She explained that when they receive a call for a dog bite, they gather all of the information they can, and they go. She assured that the lady
that got bit never called Animal Control and the only call they got about it was from Mr. Moore with no description or name of the lady that got attacked, and they do not have the resources
or manpower to go driving around every neighborhood to try to find a dog that no one has eyes on or idea of what direction it went. She noted they did get a call about thirty minutes
afterward for a black lab near the Kroger area and an officer went out and picked it up.
When Chief Hibbs asked if Mr. Moore gave an address or street of where they could go look for the dog, Mr. Moore replied yes, he told them where the church was.
Mayor Johnson suggested Mr. Moore get with Chief Hibbs to work this issue out and if something was done wrong, he would look into the issue as a personnel matter.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 P.M.
d. Jay McCarty to address City Council regarding Animal Shelter
Local Businessman Jay McCarty stated he has been trying to figure out a way to help the Animal Shelter and was told by three people that the City has $125,000.00-$127,000.00 set back
somewhere for the Shelter. He asked if that was correct.
Mayor Johnson replied that there are some improvements for one of the buildings in the budget, but it would not be in the Animal Control budget and would not include the cost of labor,
but just materials.
Mr. McCarty read off a list of what the $5,444,517.00 ARPA funds were allocated for: Employee Premium Pay for $254,000.00, Fire Station for $1.6 million, five Police cars for $345,000.00
but ended up costing $444,852.00, cameras $105,000.00, Waste Water for $500,000.00, waterline for $200,000.00, widening Highway 167 waterline for $500,000.00, new IT server for $50,000.00
but actually came to $61,000.00, lights in ballpark for $316,000.00, skateboard park for $90,000.00, pump track for $350,000.00, relocate the equipment at the other park for $500,000.00,
new pavilion cover and dugout for $200,000.00, and Premium Pay for Waste Water for $29,102.00. He explained that left, before they came under budget on the lights, $235,000.00 on the
table. He pointed out that the Animal Shelter budget for gas for the year for two vehicles is $500,000.00, but there is no way that can be done.
Mayor Johnson clarified that their budget covers their operating expenses and salary, not Capital Improvements.
Mr. McCarty noted that their budget is $40,000.00 under what their operating cost is and it seems like the City is counting on this Jacksonville Friends of the Animals to pick up the
slack instead of fully funding this Animal Shelter.
Finance Director Cheryl Erkel explained that in the past, people donate to Friends of the Animals, then they pay the vet bills directly, so the money never comes through the City’s books.
She assured they never show the revenue coming in from the Friends of the Animals and they do not show the expenditures going out to the vet bills that they pay.
Mr. McCarty pointed out that the Canine Expense is $7,145.00 for the year, but just this month, Friends of the Animals paid over $15,000.00 for vet bills. He questioned if they were
not an entity and did not get the donations, what would happen then.
Council Member Smith surmised they would have to euthanize animals, while Director Erkel added that the City would ask for those donations to come straight to the Animal Shelter and
not to the Friends of the Animals.
Mayor Johnson related that they do a tremendously good job at raising funds and helping the animals.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 P.M.
Mr. McCarty concurred, sharing that he has been to the Shelter and they are trying to come up with a plan to demolish the old building which has a caved in roof and build a brand-new
kennel for them. He mentioned that he has been looking at Ward and Cabot’s kennels, adding he has enough businessmen together that they came up with a price to tear that down, excavate
a pad with heated floors, and have indoor/outdoor kennels for the $166,000.00. He explained that is with them trying to get a lot of donations through the concrete companies, etc.,
adding that his proposal to the Council is if the City can set back $100,000.00 for the project, he and the other businessmen will come up with the $66,000.00 to build the facility.
Mayor Johnson confirmed it would have to go through a process with the City Attorney and proper procedure to come before Council; it cannot just be brought up tonight and done. When
Mr. McCarty questioned why it would have to go through an attorney, he responded that she writes the ordinances and resolutions. He detailed that Mr. McCarty can put together a proposal,
get a Council member or Mayor Elect Elmore to sponsor it, and the City Attorney write it. He assured it can be done, but there is a process that a city government has to go through
to follow the laws of the State of Arkansas.
Council Member Blevins shared that if he had a vote at the time, he would be okay with using some of the unused ARPA money.
Chief Hibbs related that there was a deadline for turning in ideas for the ARPA money and at the time, Supervisor Parker did not have anything she wanted to add, and neither did he.
He explained that afterwards, she came up with a couple of things like turning the old shooting range into a dog walking area with a fence, and also to tear that building down and add
onto the old Animal Shelter. He recalled that he told her that he would have to wait until the other projects, that are coming in higher than anticipated, are complete since that amount
leftover could go down. He confirmed that he told her that he would ask for whatever is left to make those renovations and the minor things she has asked for are being worked on by
Maintenance.
City Attorney Stephanie Friedman addressed Mr. McCarty’s previous question on why it has to come through her, saying that there is a state law where anything purchased by the City over
$35,000.00 has to be approved by Council, so it would have to come to her first to write the ordinance, then to Council to approve.
Council Member Dietz believes it is a great idea and something they should look into and shared that he would be happy to work on it with Mr. McCarty. He stated anytime they can improve
the City and they have others matching funds, it is something that needs looking into.
Chief Hibbs related that every shelter is full all of the time and are having to euthanize more than they did pre-Covid 2020 since all of the dogs that people adopted are now getting
let loose or turned back in. He noted that if they cannot adopt them out, they need to find a rescue, or euthanize, which they try to avoid.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2022
6:00 P.M. – 7:30 P.M.
e. Hubert Alexander to address City Council regarding sewer concerns in the North Corridor
Danny Martindale stated he represents a lot of the people who got annexed, adding that he has been dealing with this since probably 2007-2008. He explained that Jim Durham sat down with
him when they were having a problem getting it annexed. He recalled that Mr. Durham spoke to him about the things they could do to make their property more valuable and the City better,
with one of the first things mentioned being gas, since everyone runs on propane. He noted sewage and cable were mentioned, even though now they have run fiber optic. He related they
also said they were going to do a one-way on one side and a one-way on the other with a turnaround. He brought up that he had a proposal about all of this that he has got to try to
find, but what everyone is wanting to know is why are they not getting sewer or gas after 10-15 years. He mentioned that Jacksonville has general infrastructure issues that need to
be changed and are noticeable when coming from Cabot.
Mayor Johnson recalled that the area was annexed in 2011, adding that he has read the documents and there is nothing in them that mention it; only water and police protection, which
have all happened. He shared how they have addressed this through committee meetings, but the cost of taking it out there is astronomical. He does not think there is a current plan
to take sewer out there and was unsure about natural gas, since that is up to Summit.
Mr. Martindale stated that everyone was under the assumption they were going to get sewer and gas years ago, and it has not happened. What he understood was that it should have taken
5-6 years because they said something about it costing $25-28 million to build the treatment plant.
Mayor Johnson related that he saw an estimate that was done and it was approximately $7.8 million to run sewer out there at that time, which was 2012 or 2013. He assured that the City
could never promise electricity, telephone, cable, or natural gas since the City is not in that business. He explained that the Sewer Department is under the purview of the City, as
is the Water Department, reiterating that the area does have water and fire protection that was promised.
Former Director of Administration Jim Durham told how the then mayor, Gary Fletcher, tasked him with the job of trying to get a voluntary annexation after they lost the vote that included
the homeowners in that area. He recalled that a lot of the business owners did not even live in Jacksonville, but they had already told him they would like to come into the City because
it was taking the County fifteen minutes to come when they had to call the police, EMS also took quite a bit of time, and they wanted a Class 2 Fire Rating, which Jacksonville had.
He explained that he put together a program and spent half days out of the office for three months to go out and personally speak to as many people as he could so he could get at least
51% of landowners to sign. He told how the rest of the people were forced in and he was unable to get in touch with some who lived out of town. He brought up that they made some concessions
to people, such as promising to zone the
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REGULAR CITY COUNCIL MEETING
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sexual oriented business M-2, as required, and grandfathering in a man who sold fireworks in the area. He stated the rest of the places pretty much chose what designation they wanted,
but most of it was highway commercial. He clarified that he personally had discussions with people who signed the petition, then he retrieved it, and gave it to the City Attorney at
that time. He assured that he never promised anyone sewer, recalling a conversation with Hubert Alexander where he replied “possibly never” when asked when they are going to put sewer
out there. He mentioned at the time that if sewer did come out to them, it would be from a developer running a line north of McArthur Church, however, if someone does that, anyone that
is there that signed on to be annexed will be able to tie onto the sewer at no charge. He confirmed that he spoke to Mr. Martindale at that time about water and not sewer because he
did not have the authority to even talk about sewer. He did tell them water would come because if it is not put in for fire reasons, the City would not keep a good fire rating. He pointed
out that the area has working septic tanks, adding there are other areas inside city limits with them as well. When Mr. Martindale mentioned they already had water then, he responded
that some people did, but on one side it only went up to Pastor Gillam’s waterline where he would pay and the others would pay him back. He explained that on the other side where Hardrider
is, there were a few fire hydrants, but they were not up to where they needed to be to keep the Class 2 Fire Rating, which is a big number for commercial properties. He surmised that
was one of the primary reasons that a lot of the people signed up, but they were never promised sewer. He concurred when Mayor Johnson brought up that the area was paying time and a
half for water, but went to the regular rate of one, making their bill go down substantially.
Mayor Johnson recalled that regarding the one-way streets, it was something that ARDOT brought to him when he was a state representative where it will be a one-way all of the way to
Highway 5 one day, with two Texas turnarounds, and a full crossover at Coffelt Road. He concurred when Mr. Martindale mentioned not getting sewer any time soon.
Property owner Robert Waters asked if there is a way for them to deannex because he heard that the City Council could approve it the property is in the floodplain and you joined outside
of the city limits.
Mr. Durham related that from Mr. Waters’ property and back to the subdivision, was not brought into the City and he was told that nothing was brought in that was in the floodplain.
Mr. Waters assured that his 40 acres of floodplain was brought in and that is why he is wanting to move back out.
Mayor Johnson detailed the process of deannexation includes the County Judge’s and Quorum Court’s approval, along with maps, etc. done.
Mr. Waters shared that it was his understanding that there was a law passed a while back that the City Council could deannex any property that was in the floodplain.
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City Attorney Stephanie Friedman confirmed that it would have to go back to County, clarifying that Quorum Court and County Judge would have to approve, then go before City Council.
Mayor Johnson suggested Mr. Waters meet with the Pulaski County Attorney Adam Fogelman for more information.
Council Member Sansing shared that he remembers when the question came up about sewer back then and Mr. Durham stating to the Council at that time it would probably take a big subdivision
development to get sewer there.
Mayor Johnson noted it is like how Base Meadows Subdivision had to form a Sewer Improvement District to put the line in, and it now benefits the Notting Hill Subdivision.
Former Mayor Gary Fletcher recalled that the City was defeated in trying to annex North Pulaski in the past, but in order for the City to grow, they have to have land. He explained that
they could only go north so he allowed Mr. Durham to go speak to people one on one. He confirmed that everyone wants sewer, but the City could not do it since it is not in the development
business. He mentioned that to even do a bond issue to finance that $7 million, it would take a tremendous sewer rate rise for everyone, just to run sewer down the freeway for a few
pieces of property. He affirmed that the City did not promise sewer, adding that there are at least three letters regarding the proposal and sewer is not mentioned. He reiterated that
there was no sewer promised because it is not economically feasible and the City could not afford to do it.
Mr. Durham confirmed that historically, developers have always been the ones to put in sewer lines and run it to the main. He recalled that part of this area would require an expensive
lift station. He has never seen the City run sewer mains for a developer and reiterated that there are plenty of homes and businesses in the City limits that are still using septic
tanks.
Mr. Fletcher assured there were still benefits to the area, listing the water rate reduction, fire insurance rating reduction, and reduced police response time.
Council Member Twitty requested clarification if, by law, the City has to provide sewer within five years of annexation.
City Attorney Friedman replied that at that time it was fire and police protection, noting it has changed since then, but it was not the law when this area was annexed in.
Mayor Johnson recalled that in 2013-2015, there was a law passed that did put the five years in place for annexed land. He then mentioned a land swap with Sherwood regarding the Notting
Hill Subdivision since the City could provide water and sewer to that area, but Sherwood could not.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
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APPOINTMENTS:
UNFINISHED BUSINESS:
ANNOUNCEMENTS: Chamber of Commerce Fountain
When Council Member Twitty inquired about the repair of the Chamber of Commerce fountain, Parks and Recreation Director Kevin House replied that he has reach out to a couple of contractors
with one of them telling him they would do the job, but not offer a warranty. He explained he received another quote this week, from a company he has used in the past, for $129,608.00
that includes equipment, fixing the structure of the fountain, with a warranty. He confirmed that now that he knows it can be done, they will need to bid the project. When Council Member
Mashburn mentioned plants around the fountain, he responded that he put it in the Parks landscaping budget to remove the rocks and do plants.
Council Member Mashburn clarified that she meant, instead of doing costly repairs every year to the fountain, putting nice plants there.
Director House assured he could get an estimate of how much it would be to do that.
Council Member Twitty noted that other cities have fountains and they do not have the problems that was mentioned.
Director House stated that the fountain repairs would be a fix to a lot of the problems where the fountain could run year-round.
Council Member Blevins stated that he would disagree with turning the fountain into a planter.
Council Member Twitty asked Finance Director Cheryl Erkel to comment on the $300,000 that was left from the ARPA monies that would be used to make repairs to the fountain.
Finance Director Cheryl Erkel related that there is roughly approximately $235,052 left that has not been allocated, as long as no other project that was allocated comes in over budget.
She explained that the police cars did come in over budget. She stated that they still do not know about the Parks and Recreational items. She then noted there was talk about the
splash pad and the fountain but neither has been approved by City Council yet.
Discussion ensued regarding a splash pad by the new fire station being a misprint in the local paper. Mayor Johnson explained that was a project that CDBG was looking to fund at Galloway
Park but it could be done at Firemen’s Park when the new fire station is built, which might be a better place for it. He noted that it would have to be brought back before the City
Council.
Council Member Blevins questioned if CDBG has purchased the land on Graham Road for the fire station.
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Mayor Johnson stated that they have not so Finance Director Cheryl Erkel is going to take it out of the other funds because it never got approved. It was clarified that the was referring
to the Capital Improvement fund.
In response to a question from Council Member Dietz, Mayor Johnson answered that the repairs to the fountain are approximately $129,608.
Council Member Smith thanked the citizens of Jacksonville for allowing her to serve the last eight years.
Council Member Blevins stated that his time on the City Council was different than others noting that he was never welcomed on the City Council publicly. He stated that he was very
involved online with the community and with what was going on in the City leading up to his time on the City Council. He related that he ran for the position because he saw there needed
to be change in the City. He pointed out that the only group who can make change in the City is the City Council. The City Council is the one who makes things happen. He said that
he was hard on Council Member Smith from the outside looking in and now having been through things on the City Council he understands her position now and understands why she did what
she did to try to get things to happen. He stated that luckily, we have someone new coming in that is really going to push for change. He stated that change still needs to happen with
this City Council, there are things that need to happen to make this City better that this City Council seems to ignore. He stated that we are almost to the point of “no return”.
The City is still losing businesses, it is something that needs to be addressed. He stated that it has not gotten better in the previous years. He stated that he has fought for pay
raises, Pit Bulls and chickens, saying that he was laughed at when people wanted them. He added that he pushed for lights on Main Street and it was shut down, saying that he guesses
if there were lights on Main Street you would be able to see how the City really looks. He stated that he is tried of the apathy of the City Council regarding things for change, adding
that there are some great people on the City Council but there are some that have lost track of their oath that they gave to protect this City and make it better. He stated that he
chose to give up his City Council seat to run for Mayor to make change, adding that he does not regret that decision. He stated that after December 31st he will be off the City Council
and will not get to be the voice for the voiceless, or someone to represent all the numerous people that call on a daily basis asking him to contact the Directors to get things done.
He stated that he does not get to continue representing for the needs of the City but it makes him sad that when he is gone there will be City Council members that will have that ability
to make change and will refuse to use it. He stated that Jacksonville deserves to be better than it is now. He thanked everyone for allowing him to just have the option to attempt
to make things better, no matter how many times he gets shut down or wrecked and then have to see it online by somebody’s wife’s best friends. He thanked everyone, saying that he hopes
change is coming because we need it. He then apologized to Council Member Smith for not seeing what happened.
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Council Member Sansing thanked Mayor Johnson for the new hospital coming to town, acknowledging that they are late opening because of supply chain issues.
Mayor Johnson thanked the citizens of Jacksonville for letting him serve as their Mayor, adding that he is not going to go away, he is going to do all he can to help Mayor Elect Elmore
help you and help the City.
Council Member Rains confirmed that interviews for the CDBG Director will start next Wednesday.
Council Member Bolden thanked Mayor Johnson for his service, adding that it was his honor to be Vice Mayor.
Mayor Johnson thanked Council Member Smith and Blevins for their service.
ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:30 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR BOB JOHNSON
City Clerk-Treasurer