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21 OCT 21CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 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 21, 2021 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, Traylor, Smith, and Rains answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8) ABSENT (2). Council Members Mashburn and Twitty were absent. Others present for the meeting were: City Attorney Stephanie Friedman, Fire Chief Alan Laughy, Police Chief Brett Hibbs, Finance Director Cheryl Erkel, Human Resource Director Charlette Nelson, Public Works Director Jim Oakley, Wastewater General Manager Thea Hughes, IT Director Emily Osment, Reese Pearl, Johnny Simpson, Fred Belote, Jerry Sanders, Kirby Miraglia, and Leigh Ann Biernat. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of June 3, 2021 for approval and/or correction. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Ray moved, seconded by Council Member Rains that the minutes of the regularly scheduled City Council meeting of 3 June 2021 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for September 2021 from the Jacksonville Fire Department, reflecting a fire loss of $56,000.00 and a savings total of $84,000.00. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Council Member Ray moved, seconded by Council Member Bolden to approve the Regular Monthly Report for September 2021 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/CODE ENFORCEMENT Council Member Ray moved, seconded by Councilman Bolden to approve the regular monthly report as presented for September 2021. Assigned Calls 186 Self-Initiated Calls 131 Follow ups 335 Structures Inspected 7 Meetings/Court Hearings 1 Rentals Inspected 0 Tickets Issued 2 Properties Red Tagged 3 Three Day Notice 256 Search Warrants Served 4 Seven Day Letter 99 Structures Rehabbed 0 Vehicles Tagged 42 Structures Condemned 0 Vehicles Towed 5 Houses Demolished by City 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Lots posted 3 Houses Demolished by Owner 0 Signs removed 50 Parking Violations 40 Trash cans tagged 1 Grass Mowed 49 Basketball Goals 2 REGULAR MONTHLY REPORT/ANIMAL CONTROL Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for September 2021. ADOPTION FEES/FINES $ 495.00 CONTRIBUTIONS 0.00 TOTALS $ 495.00 ROLL CALL: Council Member: Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: RESOLUTION 811 (#10-2021) A RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, IN COOPERATION WITH THE UNDERWRITER AND BOND COUNSEL, TO PROCEED WITH MATTERS PRELIMINARY TO THE ISSUANCE OF NOT TO EXCEED APPROXIMATELY $8,150,000 PRINCIPAL AMOUNT OF WASTEWATER REVENUE BONDS, IN ONE OR MORE SERIES OF BONDS, TO FINANCE IMPROVEMENTS, BETTERMENTS, AND EXTENSIONS TO THE JACKSONVILLE SEWER SYSTEM; AUTHORIZING THE ISSUANCE AND SALE OF WASTEWATER REVENUE BONDS, SERIES 2021; DECLARING ITS INTENTION TO REIMBURSE ITSELF FOR QUALIFYING EXPENDITURES FROM THE PROCEEDS OF THE BONDS; AND PRESCRIBING OTHER MATTERS RELATING THERETO. Wastewater General Manager Thea Hughes stated they are seeking to have Resolution 811 (#10-2021) adopted by the City Council so they can issue bonds in an amount not to exceed $8,150,000.00 dollars to upgrade the treatment plant. She explained that the plant is slightly over 30 years old and there is a lot of large equipment that is failing as well as other upgrades to the plant to help handle flow and treat additional wastewater. She stated that Resolution 811 (#10-2021) would allow them to proceed with the bond issue. She added that they would return in November for a public hearing to go ahead and issue the bonds. She then related that the Plant project is about 60% design completion currently, so they do not have the actual final costs but it is going to be approximately 16 million dollars. She explained that they would be contributing about 5 million dollars from reserve funds that were saved for this purpose, and they have a partnership with Waste Management and they will be contributing to the project as well, so that we can handle their leachate water and then the remainder will be paid by the bond issue. She then answered Council Member Rains that the input and output would not change but would only be to upgrade the failing equipment but it would increase capacity from 12 MGD to 24 MGD. She then answered that the project would not create more jobs for the Wastewater Department, but it would allow them to handle heavier rain better and stay within their permit. She explained that currently to meet their permit, when there is heavy rain, the operators have to work around the clock non-stop making CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. adjustments and changes in hope of meeting that demand. She stated that these upgrades will smooth that process. Council Member Bolden moved, seconded by Council Member Ray to read Resolution 811. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 811 (#10-2021). Council Member Ray moved, seconded by Council Member Bolden to approve Resolution 811 in its entirety. MOTION CARRIED. FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. THIRD & FINAL READING ORDINANCE 1669 (#19-2021) AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE §§ 18.28.020, 18.30.020, 18.32.020, 18.32.030, 18.35.020, 18.035.030, 18.36.020, 18.36.030, 18.37.020, 18.37.030, 18.38.020, 18.38.030, 18.44.020, 18.44.030, 18.48.020, 18.48.030, 18.52.020, 18.52.030, FOR ZONING AND PROPERTY USE PROVISIONS, DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Bolden to place Ordinance 1669 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1669 (#19-2021). Council Member Ray moved, seconded by Council Member Bolden to APPROVE AND ADOPT Ordinance 1669 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Bolden that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. ORDINANCE 1669 (#19-2021) APPROVED AND ADOPTED THIS 21st DAY OF OCTOBER, 2021. b. ORDINANCE 1672 (#22-2021) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (PARCEL LOCATED AT 1200/1204 NORTH FIRST STREET); AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Bolden moved, seconded by Council Member Smith to place Ordinance 1672 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1672. Mayor Johnson clarified that this is the house that is next door to Jacksonville Animal Clinic, the owner is wanting to use the home as a place for the interns at the Animal Clinic to have a place to stay. He stated that the zoning needs to be residential for long-term financing. It is currently zoned commercial and is being requested to be rezoned back to residential. Council Member Dietz clarified that it would not be used as a rental property but singularly for the use of housing veterinarian students working at the Clinic. He added that the owner plans to do extensive remodeling and upgrades to fit this purpose. He added that if it were to be sold the owner would want to return to a commercial zoning which would have to come back before the Planning Commission. Council Member Traylor moved, seconded by Council Member Bolden to approve Ordinance 1672 on FIRST READING and SUSPEND THE RULES to place Ordinance 1672 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Bolden to further SUSPEND THE RULES and place Ordinance 1672 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Ray to APPROVE AND ADOPT Ordinance 1672 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Bolden that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. ORDINANCE 1672 (#22-2021) APPROVED AND ADOPTED THIS 21st DAY OF OCTOBER, 2021. COMMITTEE(S): GENERAL: a. ORDINANCE 1671 (#21-2021) AN ORDINANCE TO SET ADDITIONAL MILLAGE TAX RATES TO BE ESTABLISHED IN 2022 FOR THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Bolden moved, seconded by Council Member Ray to place Ordinance 1671 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1671. Mayor Johnson explained that Ordinance 1671 is a housekeeping measure that is done by the City Council annually to collect the millage. He stated that it is the same millage as last year. Council Member Blevins recalled a townhall meeting in 2019 where it was discussed that the Library mill would drop off and Mayor Johnson asked if the 1 mill could be reallocated to .5 for Capital Improvement and .5 for the General Fund. He stated that during that meeting the audience said they did not want this to be forever and Mayor Johnson had promised that there would be a two-year sunset clause on the one mill, which would put it at this time. Mayor Johnson stated that was not in the Ordinance. Council Member Blevins stated that with the additional money that the City received regarding COVID, the $300,000 for this 1 mill should be eliminated as promised. Council Member Rains stated that it is her understanding that Council Member Blevins is proposing to make an amendment to this Ordinance to remove the 1 mill that was reallocated two years ago. Council Member Rains moved to remove the Sections One and Two of Ordinance 1671 (#21-2021) concerning the .5 mill collection for the General Fund and the Capital Improvement Fund. In response to a call for a second, Council Member Blevins seconded the motion. Finance Director Cheryl Erkel stated that if the City Council removes the .5 mill from the General Fund then the one-time money the City got from COVID is not going to be there forever. She stated that money helps sustain our normal operations. She then added that the .5 mill that is going into Capital Improvement is helping to pay for the City’s capital equipment that they have not had funds available in order to purchase the necessary equipment that we have needed for several years because our revenues had not been up. She went on to say that they are working to try and catch up from the last Census, adding now that the money is coming in, it would not be prudent to stop those funds at this point. Council Member Rains stated that as a point of clarification, she did not make a proper motion, she was just explaining what she believed she was hearing from Council Member Blevins. She stated that at any point he could have corrected her but he said, thank you. So, I am guessing that is in fact what he is asking. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Blevins concurred that was his sentiment. Council Member Rains reiterated that she did not make a motion. Council Member Blevins moved to amend Ordinance 1671 (#21-2021) to remove the Sections One and Two of Ordinance 1671 (#21-2021) concerning the .5 mill collection for the General Fund and the Capital Improvement Fund. MOTION DIES FOR LACK OF A SECOND. Council Member Bolden moved, seconded by Council Member Ray to approve Ordinance 1671 on FIRST READING and SUSPEND THE RULES to place Ordinance 1671 on SECOND READING. Council Member Rains stated that she is not seconding that motion because the City does need that money to maintain the operations that are going on. She stated that she has been investing her time personally, as a representative to try and find opportunities that we can take as a City to optimize our operations, minimize the upfront costs, and to bring clean, renewable energy into the City. She stated that she feels after getting that we could look into taking that $300,000 off, because with the anerobic digester, if we produced 100% of our electricity needs as a municipality that would be over $300,000.00. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Traylor, Smith, and Rains voted AYE. Council Member Blevins voted NAY. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Ray to further SUSPEND THE RULES and place Ordinance 1671 on THIRD AND FINAL READING. Council Member Rains stated that she would like for the City Council to hold off on the THIRD AND FINAL READING, so if constituents are wanting to speak on this matter, they have the opportunity to do so for it to then be approved at the following meeting. Mayor Johnson stated that because of the deadline to have this Ordinance filed with the County, we would have to call a special meeting next week. Council Member Rains stated that what takes the special meeting off the table, pointing out that constituents are now having this live audio footage and are getting detailed information of what this is. They are not just getting this black and white piece of paper that they may not understand nuances about. She stated that giving them the opportunity of at least a week to get with representatives, if they do not approve of Ordinance 1671. Council Member Traylor pointed out that the City Council does this every year, and if what you are saying needs to be done then this needs to be brought to the City Council in plenty of time before the deadline for this to be filed with the County. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Mayor Johnson pointed out that the City has to wait on the County to give it to the City before it can be presented. It was noted by the City Clerk that it came in the mail to the Mayor and her offices only three or four days ago. Council Member Bolden stated that it is not new money, it is a vote to continue the same collections. Mayor Johnson stated that he wished the County would get it to the City earlier. Council Member Rains noted that Mayor Johnson had stated that this Ordinance had not changed one bit since the previous ordinance last year, so why can it not be put on the agenda without having the ordinance and actually have it as a discussion? Mayor Johnson stated that he feels it could be discussed earlier next year. He agreed with Council Member Rains that would be a reasonable compromise. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Traylor, and Smith voted AYE. Council Members Blevins and Rains voted NAY. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Sansing to APPROVE AND ADOPT Ordinance 1671 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Sansing, Ray, Traylor, and Smith voted AYE. Council Members Blevins and Rains 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, Sansing, Ray, Traylor, and Smith voted AYE. Council Members Blevins and Rains voted NAY. MOTION CARRIED. Discussion ensued as to the vote requiring 2/3rds of the entire body or of those present. City Attorney Friedman stated that it says 2/3rds of the members present. She stated that if the City Council is changing an Ordinance it would take 2/3rds of the body, to suspend the rules you need 2/3rds of the members present. She continued saying that is the difference between 2/3rds present and 2/3rds of the whole body. ORDINANCE 1671 (#21-2021) APPROVED AND ADOPTED THIS 21st DAY OF OCTOBER, 2021. b. ORDINANCE 1674 (#24-2021) AN ORDINANCE AMENDING AND MODIFYING JMC § 1.12. FOR APPROVAL AND ADOPTION OF A REVISED WARD REDISTRICTING PLAN WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; FOR USE AND ADHERANCE TO SAID REDISTRICTING PLAN FOR ALL CITY-WIDE ELECTIONS DURING THE CALENDAR YEAR 2022 FORWARD; TO EFFECT CERTIFICATION TO THE PULASKI COUNTY CLERK AND PULASKI COUNTY ELECTION COMMISSION OF THE MODIFIED REDISTRICTING PLAN; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Bolden moved, seconded by Council Member Ray to place Ordinance 1674 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1674. A current redistricting map was provided to each Council Member in their packets for review and discussion. Council Member Rains verified the definition of what a contiguous Ward or District is, which means that they have to be subsequently connected. For example, it would not be permissible to have a portion of a District as an island that was not connected geographically to the rest of the District. And, we do have a non-contiguous land. She asked Mayor Johnson to elaborate as to why we have this. Mayor Johnson noted that there is no population, explaining that it was done before he became Mayor. He explained that he has talked to the land owners and has been trying to get 500 feet of the back of their property in order to make the island contiguous. It was noted that the property in question is the Shooting Range property. He stated that in order for this property to become contiguous the property owners between the Shooting Range and the existing City limits have to voluntarily agree to bring their property into the City limits. Discussion ensued as to the time of purchase being when the Shooting Range property was annexed into the City. Council Member Rains stated that we have the ability to talk to our map makers and get it done correctly. She stated that her second question is if all of these Districts are geographically compacted, do they pass the Salamander Rule? Do they have any tails or anything like that? Council Member Ray responded no. Council Member Rains stated that the Wards were not done well in the first place and we have the opportunity to readdress this and get it done correctly while we are adopting a new map. Mayor Johnson noted that Metroplan drew the map and sent to us. Council Member Rains asked if Metroplan could address her points and make a new map. She stated that the other point is minimizing splitting subdivisions. She stated that there are several parts of the map where one side of the street is in one Ward and the other side of the street is in another Ward. She pointed out that Marshall Road and McArthur is another big neighborhood area that is literally split in half. Mayor Johnson noted that it is not uncommon in Districts when he was State Representative. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Rains stated that she is making the point of minimizing that. She added minimizing the division of communities of interest, which anything within a mile radius of Marshall Road and McArthur is a community of interest. She stated that she would like for the City Council to revisit this and get a map that does our community service and does not split neighborhoods in half. Council Member Ray pointed out that in Ward 3 when they annexed to the south there were two liquor stores that could not be annexed so they were skipped and onto 440. He stated that the law would not allow them to annex them in and it has been that way ever since. Mayor Johnson pointed out that there has to be some sort of natural boundaries. Council Member Rains answered Council Member Blevins that this was an issue brought to her before she was even elected in December. They did not feel we were doing the citizens justice with this map, adding that they gave her the guidelines and parameters. She explained that she looked at it and to be fair they are correct; the map literally splits streets. Several comments were made that this is not uncommon and it exists all over the Country. Council Member Traylor stated that other than to serve as a Council Member what difference does it make what Ward a person lives in? Council Member Rains answered representation. Council Member Traylor noted that every Council Member represents everyone in the town. Council Member Rains explained that she addresses herself as one of these communities of interest, saying that she has been directly impacted by Vertac. She added that literally the neighborhood that it is around the mile radius of the Vertac facility is literally split in half. She stated that they have suffered so long, pointing out that they have had three lawsuits that have literally gone nowhere and there is no representation. She stated that if she were to have come on to the campaign trail in 2020 and said yes, she is directly impacted by Vertac, saying that she has a congenital birth defect that was directly caused by the dioxin, that her mom gave her through her embryonic fluid, there would be no way that she would be up here today. She said, you guys would not have even let me try, there would have been more money gone to taking me down than just thinking she is a 20 something year old person, she is definitely not getting in. Council Member Bolden stated he understands she likes to school us at night, but the bottom line is this is for voting, when a person owns property they understand about sometimes across the street their neighbors may vote differently but because we run at large we cover all of these zones. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Rains stated that and all of these zones do have the direct… Council Member Bolden finished saying that it is common all across the Nation and it is not just Jacksonville. He stated that is one thing you learn when you own property, you understand the dividing factors. Council Member Bolden called for a question to vote. Council Member Rains stated that gerrymandering does happen across the United States but the thing is that we need to do something, we need to speak up and we need to not be silent when it comes to things that are right. Council Member Bolden moved, seconded by Council Member Ray to approve Ordinance 1674 on FIRST READING and SUSPEND THE RULES to place Ordinance 1674 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, and Smith voted AYE. Council Member Rains voted NAY. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Ray to further SUSPEND THE RULES and place Ordinance 1674 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, and Smith voted AYE. Council Member Rains voted NAY. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Ray to APPROVE AND ADOPT Ordinance 1674 in its entirety. ROLL CALL: Council Member Dietz, Bolden, Blevins, Sansing, Ray, Traylor, and Smith voted AYE. Council Member Rains voted NAY. MOTION CARRIED. ORDINANCE 1674 (#24-2021) APPROVED AND ADOPTED THIS 21st DAY OF OCTOBER, 2021. c. RESOLUTION 812 (#11-2021) A RESOLUTION APPROVING AND GRANTING AUTHORIZATION TO MAYOR JOHNSON AND OTHER OFFICIALS TO ENTER INTO A SERVICE AGREEMENT WITH ROCK REGION METROPOLITAN TRANSIT AUTHORITY; AND, FOR OTHER PURPOSES. Council Member Bolden moved, seconded by Council Member Ray to read Resolution 812 (#11-2021). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 812 (#11-2021). Mr. Reese Pearl representing Rock Region Metro for Mr. Frazier, the CEO of Rock Region Metro. Mayor Johnson stated that there was a presentation previously regarding providing a three-year trial period for good bus service in Jacksonville which we do not have currently. Council Member Blevins noted that it is not a bus, but one man and one car in two shifts, six days per week. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Mr. Pearl agreed, saying that it would be 6:00 a.m. to 6:00 p.m., Monday through Saturday. Council Member Blevins stated that in the chart it says that if at any time Rock Region feels that using their CARES Act money is affecting them, they can just stop and Jacksonville will then be responsible for the full bill. Mr. Pearl stated that while it is in the agreement, he does not foresee anything like that occurring. Council Member Blevins noted that it is $240,000.00 for one vehicle and one person per shift, six days a week, ten hours a day. He stated that this is not actually a bus system and is not like what Jacksonville has had before and at a cost of $60.00 plus an hour. He stated that the City could run their own bus system and service the people for less money. Mr. Pearl stated that they would also have someone on reserve in the case there is a sickness or vacation. He stated that it is not just one vehicle, they would have to purchase a couple of vehicles as well as a supervisor vehicle. Council Member Blevins stated that he feels there are other options and that he was told that there would be an opportunity to bring those options forth. He stated that it was said this is a trial basis but if we decided we wanted to stop after the first year, it would cost the City $100,000.00 to get out of the contract. He asked if there was any way to guarantee the CARES Act Funds. Mr. Pearl stated that there is always a possibility that with the money something to take place that is out of their control regarding the CARES money. He stated that he knows that the funding is dedicated to this agreement; and that the City of Jacksonville has Rock Regions Metro’s commitment to provide this transportation for the citizens of Jacksonville. Council Member Rains stated that one of the advantages of employing within the system is having the Little Rock Metro network. She stated that not only are these services being provided to the City of Jacksonville, they have the opportunity to go to those satellite station’s such as the Mall. She noted that Conway is also looking to adopt a system. Mr. Pearl then answered Council Member Rains that each passenger would be $1.35 within the zone per ride. He then answered that they do not have an unlimited ride pass set up right now but could entertain that. Council Member Rain stated that she would like to see having an unlimited ride pass. She stated that this would give our citizens an opportunity to go from Jacksonville to Conway, which is remarkable. He then answered, that they are currently working with Conway who will have some zones that are specific to the community. He stated that if they do reach out to be able to travel back and forth then it could be something that they could work on as they progress into the process. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Rains confirmed with him that currently Conway does not have a connection location like the Jacksonville does. She then stated that citizens having the opportunity to use public transit to go from Jacksonville to Sherwood, NLR, and Little Rock is still a remarkable network. Mayor Johnson stated that previously Jacksonville had one bus that drove through town about three times a day, and we averaged about 4 riders a day. Council Member Traylor stated that with that being said, if we only had 4 riders a day, why do we think we are going to be able to justify spending $87,000 one year, $109,000 the next, and then $130,000? Why do we think we are going to have that many more riders? Mayor Johnson replied because it is going to be local; it is going to take people to Wal-Mart, the old bus system did not go to Wal-Mart. He stated that the old bus system went by Kroger and the Air Base and then gone. It would not take riders to the Hospital, Dr. office, pharmacy, or grocery stores; and it was costing us the same price as we are going to pay for the first year. Mr. Pearl stated that it is an on-demand service, which is very different from a fixed route service. He then answered Council Member Traylor that a ride is $1.35 and it will be an app so it is not necessarily a call, but if you wish to call, you can call the Call Center and we will get that out. Council Member Sansing questioned if someone needs to go from their home to a doctor’s appointment in Little Rock it is still only a $1.35? Mr. Pearl corrected that it is only within the Jacksonville zone, which is within Jacksonville itself. Mayor Johnson questioned if there would be another fee when you get on the system in North Little Rock and Little Rock. Mr. Pearl reiterated that this service is within Jacksonville. The fee for transit from the Mall would be under $2.00. Council Member Ray stated that one thing that the Base said during realignment is that Jacksonville did not have public transit for the community. Council Member Blevins stated that he is completely for a bus system but feels it needs to be a City owned bus system that we regulate and take in the money and have the ability to adjust. He added that we could monetize, such as adding advertising space. He quoted Mayor Johnson who he said had stated that at $82,000, he could run our own bus system and service the citizens. Mayor Johnson stated that it was actually $102,000 because he was going to get $20,000 from CDBG. He added that he looked into it and found out that it would be harder than initially thought. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Blevins stated that he does not believe it would be to have one person to drive one car. He reiterated that this would be $62.00 an hour for one person, one vehicle. He stated that the City could probably hire two people for $30.00 hour to drive their vehicle around. He stated that he feels this is not cost effective at $89,000 our cost for only the first year. He stated that he knows Lift and Uber does not have to pay for their insurance, which is something that we could also offer in the City if we decide to look at any other option. He reminded the City Council that we do not have a guarantee that the COVID money will continue. Mayor Johnson stated that without the service, we do not pay. He then answered that if that deal is cancelled by Rock Region that we do not pay the $100,000.00. Mr. Pearl stated that the $100,000.00 is for them to purchase the vehicles upfront as their cost. Council Member Blevins asked Mr. Pearl if the COVID money is cancelled for any reason will Rock Region cancel the contract. Mr. Pearl responded that he is not at liberty to say yes or no. Council Member Bolden wanted to make sure that the City Council recognizes one of the things the Air Base looks at is the school district and the other is public transportation. He stated that he understands the concern about the cost but liability is high if we have our own public transportation. He stated that he would highly recommend this because our citizens need transportation yesterday. Council Member Ray suggested that Resolution 812 be tabled until the next regularly scheduled meeting. Council Member Ray moved, seconded by Council Member Blevins to table Resolution 812 (#11-2021) until the next regularly scheduled City Council meeting. Council Member Rains asked to clarify that this system would take citizens to McCain Mall as needed to be able to make further connections. Mr. Pearl stated that this is very preliminary and as we proceed through this, it would be part of the discussions on where the zone is and where we need to go. He added that would be something that we could discuss further. Council Member Rains stated that she remembers in the presentation that was given, that was Rock Regions’ deemed satellite location, the hot spot, that was the connecting point. She stated that the question is, if a citizen needs to get to that connection point to get to the rest of the system, will that be an on-demand service for $1.35? Mr. Peal stated correct. Council Member Rains questioned if the transit system will be allowed on Base. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Discussion ensued and it was determined that Rock Region would have to work those details out with the Air Force Base. Council Member Rains questioned if CDBG funds would be available for bus passes? Mayor Johnson stated that he is not sure, but feels that the funds that did pay for taxis would probably be available upon application. Council Member Traylor pointed out that the City lost the bus service and we do not have a taxi service in town; taxi companies are in business to make money, they make money by people using them, we have vouchers for people to use them and yet we still do not have a taxi service in town. He added that means there is not a volume to drive it, so why pay $100,000 if no one is going to use it? At this time MOTION CARRIED to table Resolution 812 (#11-2021) until the next regularly scheduled meeting. d. RESOLUTION 810 (#9-2021) A RESOLUTION IN SUPPORT OF AND AUTHORIZING EXECUTION OF SALE DOCUMENTS FROM THE CITY OF JACKSONVILLE FOR CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL LOCATION – 117 JOINER AVENUE AND 102 CENTRAL STREET); AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Bolden to read Resolution 810 (#9-2021). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 810 (#9-2021). Council Member Traylor moved, seconded by Council Member Bolden to approve Resolution 810 (#9-2021) in its entirety. MOTION CARRIED. e. Sale of lots in Sunnyside Addition Council Member Dietz offered a map of the 28 lots owned by the City in the Sunnyside Addition. He stated that the City needs to contact the adjacent property owners and see if they are interested in purchasing their adjacent lot. He discussed the cost of the City having to continue maintenance on the property and well as the draw of resources it takes for the City to continue to own the properties. He noted that the cost during mowing season exceeds $1,260.00 monthly, if we sold the properties it would put more money back into the coffers. He stated that he will do a list and his recommendation would be to sell the properties around $750.00 to $1,000.00. Council Member Blevins questioned if there are any options for the City to have a finance plan available for the residents to purchase the adjacent lot since Sunnyside is a low to moderate income subdivision. It was determined that the City does not have the ability to provide that because it would not be legal. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Traylor asked that when the list is provided to please include the information of whether the lot is vacant or has a structure on it, adding he supports the idea of selling the lots. Council Member Dietz stated that the City does not own any lots with a structure except for a few with burnouts. Council Member Rains presented the idea of having the properties available at the County auction for $750.00 per lot. Council Member Dietz answered Council Member Blevins that all the lots are $1,000.00 or below regarding value. He stated that it is a logical business decision to get rid of the lots because of the maintenance costs, not to mention the liability issues with ownership. f. Request to set up City Council Workshop Council Member Dietz stated that since there are a few new City Council members he would like to hold a public workshop and invite Municipal League for guidance. He stated that the City Council could find out what we should or shouldn’t do. He stated that it would be an effort to come together and get things moving in a positive direction. He offered to get with City Attorney Friedman and find out when and what would be most feasible for everyone. Council Member Rains stated that she had suggested a City Organizational Chart meeting to acquaint citizens on their local government. She stated that she would not mind joining that meeting with the meeting Council Member Dietz is proposing. g. DISCUSSION: Local Business Owner concerns Mr. Jay McCarty stated that he owns the Sandbar that used to be the Goalpost for the last 10 years. He stated that before being annexed into the City of Jacksonville, they had water, electric, everything and the problem is that they want sewer. He stated that he owns three different pieces of property along John Harden along with 15 other business areas along that rural area. He stated that they have been asking for sewer for years and still have not gotten anything. He stated that over the last 10 years he has paid 10% to the State that goes to Jacksonville and another 10% to the City along with the permits and occupancy, his business has paid the City somewhere in the area of $538,000. He stated that he and the other business owners feel neglected, and are not getting anything except higher taxes. He stated that they need an answer regarding sewers because if they had sewer it would triple their property values. He stated that they never get an answer they only get “we are working on it” or they hear “we just don’t have the money”. He stated that their tax dollars are going somewhere and they need an answer. He stated that his resolution regarding State Code 14.40.2001 allows them to annex out of the City. He stated that they need to either annex out or get a tax cut until they get improvements that increase the value of their property. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Rains stated that Resolution 811 that was just passed, talks about financing improvements, betterments and extension to the Jacksonville sewer system, asking Wastewater General Manager Thea Hughes to address the possibility of being able to help. Wastewater General Manager Thea Hughes stated that the Wastewater Utility does not receive any tax money; it operates strictly on sewer use fees. She stated that the Wastewater Utility does not extend service to those who are not currently customers. She explained that the bond issue is strictly for upgrades to the Treatment Plant. Council Member Rains asked how we could add people to the Wastewater Treatment Plant. Wastewater General Manager Thea Hughes explained that normally a developer builds water and sewer when they develop a property and then once it is developed and the water and sewer is added, then the Water and Sewer Departments accepts the infrastructure for maintenance and that is where our cost comes in. She stated that in the case where people already live in that property, they can create a sewer improvement district to develop water or sewer. Council Member Traylor noted that Base Meadows Subdivision is on a sewer improvement district and Mayor Johnson noted that they pay additional property taxes to fund the district. Council Member Blevins stated that there is a real concern with those property owners not being able to have those resources available to them. Council Member Traylor confirmed with Mr. McCarty that the primary concern is the lack of sewer. Mr. McCarty reviewed the increased taxes they have to pay since being annexed into the City of Jacksonville, noting that they have everything they had before coming into the City, so technically the City has given them nothing. He then answered Council Member Traylor that faster Police and Fire Protection has not increased their property values. He stated that he has been going through this for 10 years and is yet to get an answer. He stated that he is told “we do not have the money”, adding that they are not worried about hooking onto sewer for free they are willing to pay to hook on. He stated their deal is that they need to get improvements from the City out there way. Council Member Rains asked General Manager Thea Hughes if there is anyway for Mr. McCarty to get with her to figure out someway as far as getting the sewer line. Wastewater General Manager Thea Hughes stated that the last estimate that she was given by an engineer was approximately 11 million dollars. She stated that someone would have to come up with the 11 million dollars for both sides of the area. It was noted that the estimate is at least 6 or 7 years old. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. The property owners stated that they do not feel that they gained anything by annexing into the City, citing that it has cost them more money to have to adhere to City codes. Council Member Rains asked about them forming an improvement district to get sewer. Mr. McCarty suggested that they annex out of the City until they are given the improvements. Mayor Johnson stated that it would take the County’s approval to accept them back into the County, but it is a possibility. Mr. Hubert Alexander issued complaints with not being able to get anything from the City including a trash pickup. He added that the Police and Fire have done nothing for them, adding that they have come by at 2:00 or 3:00 a.m. and left a card in the door. He stated that they would rather be in the City but they are not getting anything for their tax dollars, adding that Jacksonville does not need to lose their business. In response to a question from Council Member Blevins, Public Works Director Jim Oakley answered that the City does not pick up trash from businesses. He then added that they are not equipped to pick up dumpsters. It was pointed out by Council Member Rains that annexing out of the City would not solve their sewer issue but it would make their taxes lower. Mr. McCarty stated that if they do not have sewers they do not feel that they should be paying 30% taxes when they are not getting anything from the City. He noted that regarding one tax, it went from 5% to 10% without any input from them. He stated that they have paid the taxes hoping for improvements but it has been 10 years. He stated that he feels that their taxes should be cut 50% or they should de-annex, which will cut their taxes tremendously. Mayor Johnson stated that it could be drawn up and they could talk to the County Judge if that is what they really want. Council Member Traylor stated that he would be curious to know what the taxes are in the County versus the City. He stated that the City cannot put sewer there because it is just not feasible to spend that kind of money. Mr. McCarty noted that after being annexed, the City took away his ability to stay open to 5:00 a.m. by a City Ordinance that he was not told about, which has also taken away a lot of his revenue. He stated that by going back into the County he gets all that back. Council Member Rains asked City Attorney Friedman to work with her regarding the Ordinance that changed the ability for them to stay open until 5:00 a.m., adding that there should be something that, as a City, we can do for them. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Traylor stated that he feels it would be more productive to meet and discuss what the City could do to keep them from wanting to de-annex, he suggested forming a committee. Council Member Ray stated that he would be glad to sit on a committee to help see what could be done to help get sewer to that area. Volunteers to serve on the committee: Council Members Ray, Rains, Traylor, Blevins, and Mayor Johnson. Council Member Blevins stated that when he spoke to General Manager Thea Hughes about this, he was informed that Mayor Johnson had already contacted General Manager Hughes and made efforts to try and solve the situation for the property owners. APPOINTMENTS: A&P COMMISSION Council Member Ray moved, seconded by Council Member Blevins to approve the appointment of William Fagan to the A & P Commission to fill the unexpired term of Pat Green set to expire 03/31/2025. MOTION CARRIED. PLANNING COMMISSION Council Member Blevins moved, seconded by Council Member Bolden to approve the appointment of Tanner Ruple to the Planning Commission to fill the unexpired term of Mark Stroud set to expire 01/01/2022. MOTION CARRIED. Fire Department Safe Haven Baby Box Chief Laughy announced the introduction of a new program as only the third such in the State, the Safe Haven Baby Box, explaining Lt. Cody would be in charge of the project. It would be at one of our fire stations but all the details have not been fully developed. He also answered that there would be grant money available to fully fund the project. Police Department New ABLE Program Chief Hibbs stated that he is proud of the “Active Bystandership for Law Enforcement”, a program out of Georgetown University. It is a program that came as a result of the George Floyd incident; and it trains officers in several things. He stated that it is an 8-hour class and he has already sent two officers to be trained and they were sponsored by Bishop Bolden’s Church, the NAACP, and Mayor Johnson. He stated that every officer has to go through the training, including himself. He stated that this is a way to intervene without breaking the chain of command or create uncomfortable situations. He stated that the training is free and is also being sponsored by big Fortune 500 Companies. He noted that there is legislation that mandates this type of training but so far City of Jacksonville is the only Police Department that is doing the ABLE program in Arkansas. He then answered Council Member Rains that there are some other programs that are similar to this one in the State, explaining that they all center around de-escalation and bystandership actions. ABLE is the 8-hour full version and he believes this is better than the ones offered by the State. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2021 6:00 P.M. – 7:57 P.M. Council Member Bolden commended both Departments for their efforts to save lives in a time when the whole Country seems to be suffering from a form of PTSD. ANNOUNCEMENTS: Mayor Johnson announced that Trunk or Treat would be held at Dupree Park starting at 5:30 p.m. on Halloween. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:57 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer