Loading...
24 NOV 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2024 6:00 P.M. – 7:13 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 November 7, 2024 at their regular meeting place. Council Member Bolden delivered the invocation and Mayor Elmore led a standing audience in the “Pledge of Allegiance.” ROLL CALL: City Council Members: Dietz, Bolden, McCleary, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains answered ROLL CALL. Mayor Elmore also answered ROLL CALL declaring a quorum. PRESENT TEN (10) ABSENT ZERO (0). 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, Director of Economic Development Robert Birch, Tina Hibbs, Morgan Allen, Jim Moore, Cheesa Williams, Tanner Ruple, Michael LaBron, and Trenika McCoy. PRESENTATION OF MINUTES: Mayor Elmore presented the minutes of the regular City Council meeting of October 17, 2024 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 Ray that the minutes of the regular City Council meeting of September 19, 2024 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ENGINEERING DEPARTMENT REGULAR MONTHLY REPORT Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for October 2024. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 22 Building Inspections 80 Business License - Electrical 67 Plumbing 97 HVACR 47 ROLL CALL: Council Member: Dietz, Bolden, McCleary, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: COMMITTEE(S): 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2024 6:00 P.M. – 7:13 P.M. GENERAL: DEVIATION IN AGENDA: Council Member Ray moved, seconded by Council Member Bolden to move item d. to be discussed first on the agenda. MOTION CARRIED. d. Citizen Pam Clark regarding Foxwood Neighborhood Watch and Council Member commentary Citizen Pam Clark stated she has lived in the Foxwood Subdivision since 2004. She told how the homeowner behind her died, then the son moved in. She explained for the past year there have been six to eight dogs that fight, jump the fence, and bark at neighbors. She mentioned the barking starts at 2:00 a.m. and does not end until around 5:00 a.m., resulting in her being sleep deprived. She mentioned the owner is not feeding them and she has several recordings of how they behave. She confirmed she has called the Police Department non-emergency line and Animal Control talked to the neighbor, so now he hides the dogs. She brought up that her family cannot even go in the backyard without standing guard with a shovel. Council Member Bolden noted people move to the City and are unaware of our dog laws, recalling someone shopping in Walgreens with a pit bull in a cart. He stressed that we need to make sure people understand that pit bulls are not allowed and real estate agents need to tell the people buying homes here. Mrs. Clark believes one is a pit bull and they constantly bark and attack each other. Animal Services Manager Kerrie Henderson related that they have written the man six citations, and when they did a follow-up this week and last, the only dogs he had were two hounds. She explained four retrievers and two pit bulls have been moved, according to the owner, and they were nowhere on the premises when they checked, but it is possible he is hiding them inside. She confirmed she can take the steps to get a search warrant to search the home, rd noting his first court date is December 3. Mrs. Clark added that the dogs have gotten into the neighbor’s fence and torn up their children’s toys and trashed the yard. She told how her dog cannot go in the backyard, but has to be walked on a leash in the front. Council Member Ray recalled a pot belly pig in one area that caused all of the dogs to bark, since it was something strange in the neighborhood. Manager Henderson read the citations that included several counts each of no rabies vaccinations, no city tags, running at large, and having banned breeds. She recalled there being four retrievers, a chihuahua, two pit bulls, and two hounds that he got a 30-day warning for being over the allowed number of animals. She recalled at the follow-up, he had gotten rid of the four retrievers, but still had two pit bulls, and when they checked this week and last, those dogs were gone, leaving only the two hounds. Mrs. Clark was concerned since a dog came across the fence and took food out of a child’s hand and the father shot at it with rubber bullets. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2024 6:00 P.M. – 7:13 P.M. Manager Henderson noted if the dogs had still been there after the time limit, they would have seized them. Council Member Twitty stated he needs to know there are quiet hours between 10:00 p.m. and 7:00 a.m. Police Captain Ryan Wright pointed out that every day he has those animals, when they go to court it is considered a separate violation, so if he is found guilty, it will not be for one day, but for the time period he has had it; which is typically not a small fine. He confirmed once it goes to court, it is the decision of the judge. He related the next thing they can do is get a search and seizure warrant and seize the animals. Council Member Bolden recommended posting signs throughout the City to make people aware of the ordinances pertaining to dogs. Mayor Elmore did not concur, because he would not want to visually clutter up the City with more signs. Discussion ensued regarding putting notices in the water bills, where Manager Henderson noted she would like to have something regarding city dog licenses included in them also. Mayor Elmore stated we will be vigilant in keeping eyes on the home to see if we can find the dogs that are not supposed to be there. He acknowledged being at the mercy of waiting because a court date has been issued. He will make sure Animal Control keeps aware and mindful of that area. RESUME AGENDA: a. PUBLIC HEARING ORDINANCE 1766 (#19-2024) AN ORDINANCE AUTHORIZING THE CONSTRUCTION OF EXTENSIONS, BETTERMENTS AND IMPROVEMENTS TO THE SEWER SYSTEM OF THE CITY OF JACKSONVILLE, ARKANSAS; AUTHORIZING THE ISSUANCE OF A SEWER IMPROVEMENT REVENUE BOND FOR THE PURPOSE OF FINANCING THE COSTS OF CONSTRUCTION OF THE IMPROVEMENTS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON, AND A SERVICING FEE IN CONNECTION WITH, THE BOND; PROVIDING FOR THE PAYMENT OF THE COSTS OF ISSUING THE BOND; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. Mayor Elmore opened the public hearing at approximately 6:18 p.m., and with no one requesting to speak, he closed it at approximately 6:19 p.m. Council Member Sansing moved, seconded by Council Member Bolden to place Ordinance 1766 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1766. Council Member Moss noted this is a bond that will not be a cost to citizens. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2024 6:00 P.M. – 7:13 P.M. Council Member Dietz moved, seconded by Council Member Bolden to APPROVE Ordinance 1766 on FIRST READING and SUSPEND THE RULES and place Ordinance 1766 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member McCleary moved, seconded by Council Member Twitty to APPROVE Ordinance 1766 on SECOND READING and SUSPEND THE RULES and place Ordinance 1766 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Twitty moved, seconded by Council Member Ray to APPROVE AND ADOPT Ordinance 1766 in its entirety. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member McCleary that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. TH ORDINANCE 1766 (#19-2024) APPROVED AND ADOPTED THIS 7 DAY OF NOVEMBER, 2024. b. RESOLUTION 851 A RESOLUTION DESIGNATING AND AUTHORIZING THE MAYOR AND MANAGER OF THE JACKSONVILLE WASTEWATER SYSTEM TO EXECUTE CERTAIN DOCUMENTS IN CONNECTION WITH FUNDING ADMINISTERED BY THE ARKANSAS NATURAL RESOURCES COMMISSION. Council Member Ray moved, seconded by Council Member Bolden to read Resolution 851. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 851. Council Member Ray moved, seconded by Council Member Dietz to adopt Resolution 851 in its entirety, including the emergency clause. MOTION CARRIED. Mayor Elmore announced that Resolution 852 is a mistake and was not supposed to be in the packet since it was already approved. Jacksonville Wastewater Utility General Manager Thea Hughes clarified that Resolution 851 was the mistake; Resolution 852 needed to be approved. c. RESOLUTION 852 A RESOLUTION OF INTENT REGARDING THE JACKSONVILLE WASTEWATER SEWER PROJECT. Mayor Elmore confirmed everything Council just did is for Resolution 852, not 851. City Attorney Friedman read the heading of Resolution 852. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2024 6:00 P.M. – 7:13 P.M. Council Member McCleary moved, seconded by Council Member Bolden to adopt Resolution 852 in its entirety. MOTION CARRIED. e. DISCUSSION 2025 Budget Mayor Elmore recalled Council received the proposed budget for the year 2025. Council Member Bolden moved, seconded by Council Member Sansing to ENTER INTO EXECUTIVE SESSION regarding a personnel matter at approximately 6:25 p.m. MOTION CARRIED. Council Member McCleary moved, seconded by Council Member Bolden to EXIT EXECUTIVE SESSION and RESUME GENERAL SESSION at approximately 7:01 p.m. MOTION CARRIED. Mayor Elmore related that Council will vote on the budget at the next regularly scheduled meeting. APPOINTMENTS: UNFINISHED BUSINESS: NEW BUSINESS: Council Member Rains requested clarification regarding why the directors for the federal agency she had sponsored were not allowed to make their presentation tonight. Mayor Elmore responded that he was unaware of it until yesterday, since he did not receive an email regarding it. Council Member Rains shared that she was told it was for legal reasons, then asked what the legal reasons were that they could not do a presentation. Mayor Elmore clarified there is no reason they cannot do a presentation, but there are legal reasons why the City could not go forward with the program, therefore, there was no reason for the presentation. City Clerk Davitt noted the City cannot participate in the liabilities. Council Member Kinman recalled being falsely accused at the last meeting of being unethical. She explained in 1981 Mayor James Reid passed an ordinance allowing council members and city employees to do business with the City. She requested an apology from Council Member Mashburn and the Leader Newspaper. She added that she was contacted by a citizen asking why the Jacksonville Historical District Museum is not open. Council Member Mashburn noted she cannot address it since she is no longer with the Jacksonville Historical Museum, as per the Mayor. Mayor Elmore clarified he did not ask her to step down; she did voluntarily. City Attorney Friedman brought up that it is all on video. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2024 6:00 P.M. – 7:13 P.M. Mayor Elmore explained there were activities taking place at the museum that were illegal, resulting in it is being closed and investigated. He recalled Council Member Mashburn and her brother stepping down from that leadership role. He told how there are discussions between the remaining Board Members of the museum and the Jacksonville Military Museum of a possible joining of the two to keep everything the Historical Museum had done alive. He surmised the last time the museum was open was in September. Discussion ensued regarding the funds collected by the Museum, where City Clerk Davitt confirmed they are not the responsibility of the City, but are strictly under the Jacksonville Historical District. When asked, Mayor Elmore responded that much of the contents were on loan or donated. When Council Member Kinman inquired about the illegal activities that occurred, he did not want to get into details, but noted that most of it was in the newspaper and anyone who would like to know more is welcome to come see him, or can send a FOIA (Freedom of Information Act) request. ANNOUNCEMENTS: Council Member Dietz recognized the Wastewater Utility personnel, the Fire Department, and the Director of Economic Development for the great jobs they do. He then listed the minimum water bills for 2023 as $53.34, 2024 as $62.79, and 2025 as $64.56, noting the totals are for inside city residential customers and include water, wastewater, and sanitation services. He related that for the services and the quality of water you receive, it is fabulous. Mayor Elmore announced as of 1:00 p.m., the Arkansas Department of Transportation renamed Highway 67/167 to be Interstate 57 that will run from North Little Rock to Walnut Ridge, then eventually to St. Louis, Missouri and Chicago, Illinois. Council Member McCleary related there was a good turnout of kids at the Trunk or Treat event and thanked the Parks and Recreation Department. ADJOURNMENT: Without objection, Mayor Elmore adjourned the meeting at approximately 7:13 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR JEFF ELMORE City Clerk-Treasurer 6