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24 OCT 17 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2024 6:00 P.M. – 6:25 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 17, 2024 at their regular meeting place. Council Member Ray delivered the invocation and Mayor Elmore led a standing audience in the “Pledge of Allegiance.” ROLL CALL: City Council Members: Dietz, McCleary, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains answered ROLL CALL. Mayor Elmore also answered ROLL CALL declaring a quorum. PRESENT NINE (9) ABSENT ONE (1). Council Member Bolden was absent. Others present for the meeting were: Fire Chief Alan Laughy, Police Chief Brett Hibbs, Finance Director Laura Collie, Human Resource Director Charlette Nelson, CDBG Director Michelle Spencer, Director of Engineering and Public Works Adam Whitlow, Assistant City Clerk Emilia Vazquez, IT Director Brian Harvey, Tina Hibbs, Morgan Allen, Kathy Perez, Michelle Elmore, Katrina Mimms, Jim Moore, Tanner Ruple, Addie Gibson, Ollie Mashburn, Chris Erkel, and Rick Kron. PRESENTATION OF MINUTES: Mayor Elmore presented the minutes of the regular City Council meeting of September 19, 2024 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 Twitty that the minutes of the regular City Council meeting of September 5, 2024 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ENGINEERING DEPARTMENT REGULAR MONTHLY REPORT Council Member Ray moved, seconded by Council Member Rains to approve the regular monthly report for September 2024. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 12 Building Inspections 46 Business License - Electrical 49 Plumbing 53 HVACR 28 FIRE DEPARTMENT REGULAR MONTHLY REPORT Council Member Ray moved, seconded by Council Member Rains to approve the regular monthly report for August 2024, reflecting a fire loss of $27,000.00 and a savings total of $58,000.00. Council Member Ray moved, seconded by Council Member Rains to approve the regular monthly report for September 2024, reflecting a fire loss of $7,800.00 and a savings total of $139,200.00. POLICE DEPARTMENT REGULAR MONTHLY REPORT Council Member Ray moved, seconded by Council Member Rains to approve the regular monthly report for September 2024 regarding annual crime statistical comparisons. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2024 6:00 P.M. – 6:25 P.M. CODE ENFORCEMENT REGULAR MONTHLY REPORT Council Member Ray moved, seconded by Council Member Rains to approve the regular monthly report for September 2024. Assigned Calls 83 Demolition by City 1 Self-Initiated Calls 121 Demolition by Owner 0 Follow Up Inspections 482 Parking Violations 0 Complied after Notice 113 Garbage Cans Tagged 0 Three Day Notice 15 Basketball Goals 0 Seven Day Letter 174 Structures Inspected 686 Citation Letters Mailed 14 Apartment Complexes Inspected 0 Citations Issued 7 Red Tags Issued 0 Vehicles Tagged 15 Search Warrants 0 Vehicles Towed 0 Grass Mowed 63 Unsafe Structures Tagged 0 Signs Removed 10 Structures Condemned 6 Shopping Carts 0 Structures Rehabbed 0 ROLL CALL: Council Member: Dietz, McCleary, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: ORDINANCE 1765 (#18-2024) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR CONSTRUCTION OF THE FIRE STATION LOCATED ON HIGHWAY 161; FOR APPROPRIATE IMPLEMENTATION AND ACCESS FOR DEPARTMENT AND CITY OF JACKSONVILLE REPRESENTATIVES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Twitty to place Ordinance 1765 on FIRST READING. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1765. Parks and Recreation Director Kevin House stated Fire Engine 4 was totaled in a flood earlier this year. He explained the new engine has been ordered, but will not fit in the existing engine bay at Fire Station 4. He told how he met with four contractors and three of them gave bids. He requested Council to approve the low bid. When Council Member Mashburn inquired about the other bids, he responded that he has them here and that City Attorney Friedman stated they needed the ordinance to be just for the one they are waiving. Council Member Mashburn mentioned the bid being a conflict of interest, noting she called the Ethics Commission. City Attorney Friedman disagreed slightly, clarifying that if Council Member Kinman had inside knowledge or was using her position to gain a financial benefit, then it would be a conflict, but as far as she understands, this was open to the public. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2024 6:00 P.M. – 6:25 P.M. Director House confirmed he was the only one to receive the bids; there was one received prior to Dave Kinman Construction’s, and the other came after. He affirmed no one knew what each other was bidding until they had all three and he and the Mayor sat down to discuss it. He listed the bids received as Houses Construction at $84,792.00, Big Rock Construction at $99,190.00, and Dave Kinman Construction at $82,000.00. He related the work is for building a new engine bay that will be attached to the back of Fire Station 4 and match what is there now. He noted the prices are high because everyone bid eight inches of concrete with a lot of metal in it, since it has to support the weight of the fire truck. He assured everyone bid “apples to apples” and Dave Kinman Construction was the cheapest. When Council Member Twitty inquired, he replied it was not advertised, but he called contractors he has used and worked with in the past and received three estimates. He brought up that the new truck is expected in the third week of December, so they would need to move on it now, since there is a building that needs to be torn down before construction. He confirmed the building tear down is included in the bid. He told how he met each contractor on-site with a Word document stating the construction details to bid off of. He confirmed there will be no additional charges for the City over the bid amount. He concurred when Council Member Twitty requested all future bids be included in the agenda. City Attorney Friedman apologized, noting she told Director House they only needed the one they were accepting, but to also bring the others to the meeting. Council Member Kinman related this is what she does for a living, but her bid would probably have been more than it was, but she did cut out her profits. She mentioned making overhead, which is required to make her company run, but her estimate would have probably been more than the $84,000.00 if she had not cut her profits out. She brought up that she wants to help the City and tries to do everything she can in the City. Council Member Ray moved, seconded by Council Member McCleary to APPROVE Ordinance 1765 on FIRST READING and SUSPEND THE RULES and place Ordinance 1765 on SECOND READING. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, and Rains voted AYE. MOTION CARRIED with Council Member Mashburn voting NAY and Council Member Kinman ABSTAINING from further voting regarding Ordinance 1765. Council Member Ray moved, seconded by Council Member Twitty to APPROVE Ordinance 1765 on SECOND READING and SUSPEND THE RULES and place Ordinance 1765 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, and Rains voted AYE. MOTION CARRIED with Council Member Mashburn voting NAY. Council Member Ray moved, seconded by Council Member McCleary to APPROVE AND ADOPT Ordinance 1765 in its entirety. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, and Rains voted AYE. MOTION CARRIED with Council Member Mashburn voting NAY. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2024 6:00 P.M. – 6:25 P.M. Council Member Twitty moved, seconded by Council Member McCleary that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, and Rains voted AYE. MOTION CARRIED with Council Member Mashburn voting NAY. TH ORDINANCE 1765 (#18-2024) APPROVED AND ADOPTED THIS 17 DAY OF OCTOBER, 2024. POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT: Greenhill Estates Council Member Ray moved, seconded by Council Member Sansing to approve the final plat of Greenhill Estates. MOTION CARRIED. COMMITTEE(S): GENERAL: ORDINANCE 1764 (#17-2024) AN ORDINANCE TO SET ADDITIONAL MILLAGE TAX RATES TO BE ESTABLISHED IN 2025 FOR THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Council Member Sansing moved, seconded by Council Member Ray to place Ordinance 1764 on FIRST READING. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1764. Mayor Elmore stated millage rates are for property taxes, not sales tax. He explained the City taxes three mills currently, City Council is allowed to approve up to 5 mills, and the City is allowed up to 20 mills if voted on and approved by the citizens. He related for every $1,000.00 that comes in from property taxes to the County, there is a $1.00 that is given to the City for the mill. He recalled one mill this past year produced approximately $350,000.00, noting they are collected for Firemen’s Pension, Police Pension, and Capital Improvements. He confirmed there are no increases, but are the exact same of what we are currently collecting; this is just approving the annual allocation. Council Member Rains told how she has done research regarding this since council members in the past were frustrated over this mill. She brought up the library millage that had a sundown clause where citizens expected the lower property tax at the end of it, but it was continued. She asked why, after five years, the City is continuing with the three mills and not bringing it back down. Mayor Elmore replied that it is because the City needs the revenue and would have to cut services, and so forth, if we reduced a mill. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2024 6:00 P.M. – 6:25 P.M. Council Member Rains concurred, adding that since then, the City has collected internet sales tax, which is substantially more than what is on here. She surmised, as Mayor Elmore described, the City is getting a total of $3.00 for every $1,000.00 spent. She questioned why we are continuing this five years later when everything, including the cost of living, has risen and citizens had an expectation. She noted every household could benefit from having that reprieve. Mayor Elmore concurred, but affirmed he is not going to make a recommendation to change it since it is needed to continue to operate and offer services that maintain expectations in regards to public safety, sanitation, etc. He confirmed the City could increase it, but he has no desire to. He related the City cannot afford to reduce it from where it is now. Council Member Rains brought up reserve funds, noting everyone who speaks to her regarding millage brings back the library tax that was to end for 2020. Mayor Elmore reiterated his recommendation of continuing with what has been, since the City cannot afford to give it up. Council Member Ray moved, seconded by Council Member Twitty to CALL FOR A QUESTION to end discussion and have the vote. MOTION CARRIED with Council Members Mashburn and Rains voting NAY. Council Member Ray moved, seconded by Council Member Twitty to APPROVE Ordinance 1764 on FIRST READING and SUSPEND THE RULES and place Ordinance 1764 on SECOND READING. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, and Kinman voted AYE. MOTION CARRIED with Council Members Mashburn and Rains voting NAY. Council Member Ray moved, seconded by Council Member Twitty to APPROVE Ordinance 1764 on SECOND READING and SUSPEND THE RULES and place Ordinance 1764 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, and Kinman voted AYE. MOTION CARRIED with Council Members Mashburn and Rains voting NAY. Council Member Sansing moved, seconded by Council Member Twitty to APPROVE AND ADOPT Ordinance 1764 in its entirety. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, and Kinman voted AYE. MOTION CARRIED with Council Members Mashburn and Rains voting NAY. Council Member Ray moved, seconded by Council Member Twitty that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, and Kinman voted AYE. MOTION CARRIED with Council Members Mashburn and Rains voting NAY. TH ORDINANCE 1764 (#17-2024) APPROVED AND ADOPTED THIS 17 DAY OF OCTOBER, 2024. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2024 6:00 P.M. – 6:25 P.M. APPOINTMENTS: A & P COMMISSION Council Member Ray moved, seconded by Council Member Twitty to approve the reappointment of Jai Patel to expire 03-31-2028. MOTION CARRIED with Council Member Mashburn voting NAY. UNFINISHED BUSINESS: NEW BUSINESS: ANNOUNCEMENTS: ADJOURNMENT: Without objection, Mayor Elmore adjourned the meeting at approximately 6:25 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR JEFF ELMORE City Clerk-Treasurer 6