City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2018 7:00 P.M. – 7:42 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in regular session on April 19, 2018 at the regular meeting place of the City Council. Councilman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Councilman: Elliott, Bolden, McCleary, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. Councilman Ray was absent. PRESENT NINE (9) ABSENT (1). Others present for the meeting were: City Attorney Robert Bamburg, Finance Director Cheryl Erkel, Public Works Director Jim Oakley, IT Director Scott Rothlisberger, Human Resource Director Jill Ross, CDBG Director Theresa Watson, Program and Economic Development Director Robert Price, Planning Commissioner Patrick Thomas, Addie Gibson, Charlie Jenkins, Rick Kron, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of April 5, 2018 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Bolden moved, seconded by Councilman Traylor that the minutes of the regularly scheduled City Council meeting of 15 March 2018 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Councilman Elliott moved, seconded by Councilman Bolden to approve the regular monthly report for March 2018 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Councilman Elliott moved, seconded by Councilman Bolden to approve the regular monthly report for March 2018 from the Jacksonville Fire Department, reflecting a fire loss of $5,500.00 and a savings total of $416,000.00. ROLL CALL: Councilmen: Elliott, Bolden, McCleary, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2018 7:00 P.M. – 7:42 P.M. GENERAL: a. RESOLUTION 767 (#04-2018) A RESOLUTION EXPRESSING OPPOSITION TO HATE CRIMES; AND, FOR OTHER PURPOSES. Councilman Smith explained that Resolution 767 is an expression of zero tolerance of hate crimes by the City Council for this community, adding that Federal hate crimes include discrimination based on race, religion, disability, ethnic and national origin, sexual orientation, gender, or gender identity. Councilman Smith moved, seconded by Councilman Twitty to read Resolution 767. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 767. Councilman Sansing moved, seconded by Councilman McCleary to approve Resolution 767 in its entirety. In response to a question from Councilman Traylor, City Attorney Bamburg clarified that the City Council would not be the body to determine what is considered a hate crime. Councilman Bolden stated that he had received an email from the NAACP stating that he had secretly handled a hate crime. He stated that this is a lie, explaining that he brought that person to the Mayor and City Engineer Whisker. He stated that the person had conveyed to him that they did not want to go public with the complaint. He advised anyone wishing to attribute such actions of him to get the facts straight before putting his name in a letter. Councilman Twitty concurred, noting that her name was also attached to this issue, despite the fact she had not spoken to anyone regarding the claim. At this time, MOTION CARRIED. b. RESOLUTION 768 (#05-2018) A RESOLUTION IN SUPPORT OF ELECTRONICS RECYCLING WEEK; APRIL 23-28, 2018; AND FOR OTHER PURPOSES. Mayor Fletcher related that this was a request from the Regional Recycling Waste Reduction District among regional municipalities that belong to the Board. Councilman Bolden moved, seconded by Councilman McCleary to read Resolution 768. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 768. Councilman Elliott moved, seconded by Councilman Bolden to approve Resolution 768 in its entirety. MOTION CARRIED. 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2018 7:00 P.M. – 7:42 P.M. c. RESOLUTION 769 (#06-2018) A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE, ARKANSAS, TO UTILIZE FEDERAL AID TRANSPORTATION ALTERNATIVES PROGRAM FUNDS FOR THE MAIN STREET GATEWAY PROJECT; AND, FOR OTHER PURPOSES. Program and Economic Development Director Robert Price related that this is a grant program from the Arkansas Department of Transportation through their Transportation Alternatives Program. He stated that it is grant money that is available for a wide-range of things; building sidewalks, putting in landscaping, building new curbs, bike ways, hiking trails, etc. He added that there is also a phrase about “general community improvements”, explaining that is the part he will be going for. He stated they are looking at money to support the construction of landscaping and a water feature at the point where west Main Street splits. He related that the City has approximately 45’ of right-of-way, adding that it would be directly in front of the Kum & Go Store. He added that there is a tentative design, mentioning the water feature, landscaping, a couple of flag poles, and a Welcome to Jacksonville sign at some point. He then noted that this program would not pay for the sign but would pay for everything else. He then stated that the other part of the grant is the pocket park where the parking lots are now in front of Enterprise and Tai Taste, explaining that the City will end up with that property eventually and there is a design for that area. He stated that a ballpark projection regarding the amount of the grant is approximately $150,000.00, adding that he has met with the Director of the Program who was positive about the City’s ideas for this project. He related he was lead to believe if written well it would be funded. He went on to say that the time frame is somewhere around late summer before they would have the money, explaining that it is a one-year grant but the history is that very few communities that get these grants ever finish the projects in a year; so they will carry the money on for a year or two until it is completed. He stated the application is due May 1st and he is trying to get it in early so that he can get some feedback. Councilman Bolden questioned if the $150,000.00 is a definite amount. Program and Economic Development Director Robert Price responded that he is working on the construction plans with Tommy Bond and the latest projection is approximately $150,000.00. He stated that the grant calls for a very detailed set of construction plans including costs. He added that they do not have the estimated costs yet but the projection is around $150,000.00. Mayor Fletcher noted that it is on a reimbursable basis. Program and Economic Development Director Robert Price concurred that it is approximately $150,000.00 reimbursable. Councilman Mashburn noted that the Resolution states “requiring the work to be accomplished and proof of payment prior to actual monetary reimbursement is granted” meaning the City has to put the money up first to complete the project before being reimbursed. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2018 7:00 P.M. – 7:42 P.M. Program and Economic Development Director Robert Price stated he researched that today and the State has a very specific process, but it states in the documentation “you will have the money within a 90-day period after completion.” Mayor Fletcher stated that the new programs with the Highway Department, everything is reimbursable. He related that the overpass on Loop Road, for example, the City will have to put money up first but the money that is refundable takes approximately 30 to 45 days once you submit the invoice. Discussion ensued regarding the amount refundable and Program and Economic Development Director Robert Price related that the grant has to exceed $20,000.00 and can be funded up to $500,000.00. He then stated that in talking with the State he learned that the average grant amount is between $100,000.00 and $200,000.00. He stated that this project runs within that ballpark. Councilman Traylor noted that there is a 20% match; pointing out if the City gets a $150,000.00 grant - then the City’s match share would be $30,000.00 nonrefundable. Program and Economic Development Director Robert Price stated that there are several choices, explaining that the City does not have to have documentation on the front end that the cash is in the bank; you only have to say on the application where the money would come from. He related that on the application he has listed three options of where the City could get the money; he went on to say that his thought is that the City will try to get funds from each of those options. He further related that the three options are 1) donations from Kum & Go; 2) A&P funds; 3) City Capital Improvement funds. He stated that he would like to get funds from each of those entities. Councilman Sansing moved, seconded by Councilman Bolden to read Resolution 769. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 769. Councilman Sansing moved, seconded by Councilman Bolden to approve Resolution 769 in its entirety. MOTION CARRIED. d. RESOLUTION 770 (#07-2018) A RESOLUTION AUTHORIZING THE MAYOR AND HUMAN RESOURCES DIRECTOR TO ENTER INTO AN AMENDMENT TO THE CITY’S IRC SECTION 457(b) DEFERRED COMPENSATION PLAN; AND, FOR OTHER PURPOSES. Councilman Elliott moved, seconded by Councilman Traylor to read Resolution 770. City Attorney Bamburg stated that this is done every few years as a result of new Federal mandates for how cities regulate 457 plans. He noted that it was 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2018 7:00 P.M. – 7:42 P.M. done about three years ago regarding a different subject; adding that this one is based on changes that were made for an employee to file a disability claim. The process the City has to follow has been modified and we have to adopt those changes to satisfy those modifications. He stated that it would benefit our employees should that circumstance every come but we have been fortunate that there have not been any disability claims. A brief discussion ensued regarding the 457 plan which has been offered to the employees for approximately 10 years. At this time, MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 770. Councilman Bolden moved, seconded by Councilman Twitty to approve Resolution 770 in its entirety. MOTION CARRIED. e. ORDINANCE 1584 (#06-2018) AN ORDINANCE CREATING JMC §5.04.035 ET. SEQ. (LOCAL REGISTERED AGENT REQUIRED) REQUIRING NON-RESIDENT OWNERS OF RENTAL PROPERTY (COMMERCIAL AND RESIDENTIAL) INTEREST THE CITY OF JACKSONVILLE TO MAINTAIN A LOCAL REGISTERED AGENT AS A PREREQUISTE TO OBTAINING A BUSINESS PRIVILEGE LICENSE; AND, FOR OTHER PURPOSES. Councilman Collins moved, seconded by Councilman Sansing to place Ordinance 1584 on FIRST READING. Councilman Collins stated that the intent of the Ordinance is to ensure that the City has a point of contact within the State of Arkansas so property issues can be readily addressed. He went on to cite this would include if the door of a property has to be broken down or the yards are not being mowed we would have someone to contact to secure the property. He stated that this would require them to have an agent or be within the State; meaning they can be served within the State by local law enforcement agencies. He stated that the intent is to better serve the property by making sure that it is able to be secured. He added that this is not intended to be a “door tax”. Councilman Traylor concurred with Councilman Collins but stated that is not the way the Ordinance reads, adding that the Ordinance needs a lot of work. He related that while the intent is there, this Ordinance is not ready to be brought to a vote on first reading. He stated that there does not need to be any kind of costs to the homeowner imposed by the City. Councilman Elliott stated that he also has questions for clarification. Councilman Traylor proposed it be put into committee for further development. Councilman Mashburn moved, seconded by Councilman Twitty and Bolden to table the Ordinance at this time. MOTION CARRIED. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2018 7:00 P.M. – 7:42 P.M. Mayor Fletcher stated that there is a need for this Ordinance because it helps the City streamline situations. He offered the example of a trailer park on Hwy. 161; noting that the owners lived in Canada and it became a “nightmare” that tied up City resources and employees trying to get the owners to respond to that situation. He stated that the City needs to be able to contact someone locally to address issues. He went on to say that something needs to be done with this, adding that he does concur that it needs to be further developed. f. ORDINANCE 1585 (#07-2018) AN ORDINANCE AMENDING ORDINANCE NO. 1583 (#05-2018) AUTHORIZING THE ISSUANCE AND SALE OF FOURTEEN MILLION TWO HUNDRED EIGHTY-SEVEN THOUSAND TWO HUNDRED SIXTY-THREE AND 94/100 DOLLARS ($14,287,263.94) OF A WATER CAPITAL IMPROVEMENT REVENUE REFUNDING BOND, SERIES 2018, BY THE CITY OF JACKSONVILLE, ARKANSAS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND, DECLARING AN EMERGENCY. City Attorney Bamburg stated that this Ordinance is being proposed on behalf of the bond counsel that assisted the City regarding the issuance of water capital improvement revenue refunding bonds a few meetings previously. He explained that in Ordinance 1583 that was previously approved; the bottom line number for the service fee was the correct amount, however, they had some typos in the actual schedule for each year. He stated that with bond work everything has to be very precise so this is being offered to correct those inconsistencies. He noted that the schedule included with Ordinance 1585 is the corrected schedule. Councilman Bolden moved, seconded by Councilman Twitty to place Ordinance 1585 on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, McCleary, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1585. Councilman Bolden moved, seconded by Councilman Twitty to APPROVE Ordinance 1585 on FIRST READING and SUSPEND the rules and place Ordinance 1585 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, McCleary, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1585. Councilman Bolden moved, seconded by Councilman Elliott to further suspend the rules and place Ordinance 1585 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, McCleary, Sansing, Mashburn, Traylor, Twitty, and Smith, Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1585. Councilman Sansing moved, seconded by Councilman Twitty that Ordinance 1585 be APPROVED AND ADOPTED. ROLL CALL: Councilmen Elliott, Bolden, McCleary, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2018 7:00 P.M. – 7:42 P.M. Councilman Traylor moved, seconded by Councilman McCleary that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Councilmen Elliott, Bolden, McCleary, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. ORDINANCE 1585 (#07-2018) APPROVED AND ADOPTED THIS 19th DAY OF APRIL, 2018. APPOINTMENTS: SEWER COMMISSION Councilman Traylor moved, seconded by Councilman Sansing to approve the reappointment of Eddie Porter for a term to expire 04-20-2023. MOTION CARRIED. ANNOUNCEMENTS: Mayor Fletcher announced that the Welcome Home Vietnam Veterans Day Jacksonville Museum of Military History will be held April 28th The IBLA Concert at First United Methodist Church will be held April 28th 7:00 p.m. with free admission. Citywide Cleanup, May 5th, at 1300 Marshall Road beginning at 9:00 a.m. to 12:00 p.m. There will be an Animal Control Fundraiser booth at the Heart Connections Body, Mind, & Soul Expo at the Holiday Inn Little Rock-Presidential Downtown on April 21st 10:30 a.m. to 6:30 p.m. and April 22nd 11:00 a.m. to 5:00 p.m. Mayor Fletcher then announced that on Tuesday the case of South Dakota vs. Wayfair was heard by the Supreme Court regarding online Sales Tax and the decision should be sometime in late June. Chris Skelton and Michael Mills, volunteers with the youth softball fast- pitch, and other youth programs addressed the City Council regarding concerns for the issues that have recently come up. He noted that they have both been volunteers for 15 and 9 years, relating that Kevin House has told them that they do not have enough kids to play and that he should not speak out on this issue. He stated that the season had to be cancelled. There were two full age groups that have been practicing for the last four weeks that are ready to play, whichever season that we play has not always been just a Jacksonville vs. Jacksonville season. We have always scheduled with either Sherwood, Cabot, Ward or whoever; it has never been just a Jacksonville issue. He went on to say that for whatever reason, this season has been very different; this season has been brought up on as the kids are not playing because of the structure of how our fast-pitch softball is structured. He added that there is no structure to our league. Mayor Fletcher stated that from his understanding there were two different groups; Jacksonville and Sherwood working together, and when we got our teams in; Sherwood said that they couldn’t put them in there and that changed later. He stated that there is more to this story and we need to sit down and talk with the Parks Director Kevin House. 7  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2018 7:00 P.M. – 7:42 P.M. Mr. Miller stated that he has reached out to Kevin House several times as well as Larry Freeman and no one has time to address this matter. Mayor Fletcher stated that the Parks Department works very hard to expand the programs we have, adding that we have other cities coming here, so it is not a question of us not wanting this to happen. There are some things that have happened beyond our control, which is the key to what has occurred. He stated that the City is as upset about this as anyone, adding that he does not want it to be the impression that the City is not doing what it should be doing. He added that the City has done more than what it could do but things have been taken out of our hands. He stated that is the reason we need to talk about this privately, I do not want to say something public that would put someone else under the bus. Mr. Miller stated that he and Chris are just two volunteers trying to look out for the youth programs. He stated they have been told that “someone” has done all they can for the program but he and Chris have found a way to get into a program that they were previously told they weren’t able to get into. Mayor Fletcher stated that he would contact Parks Director Kevin House to come as soon as the meeting is over to address these issues. Mr. Miller stated that to go along with that; there are a lot of unspoken things going on that the City Council does not know. He said never having been in a City Council meeting and now observing how things are done in Jacksonville; it is not easy but everyone is on the same page and it is just kind of amazing that youth sports is something that no one even knows why we are here or knows the structure or can answer questions. Mayor Fletcher stated that he could answer the questions; adding that he does not want to start a feud with other Departments, it is not necessary. He added that we need to work together and come together. He stated that he does not have a problem addressing the issues but does have a problem addressing them here. He went on to say that there are two sides to every story and that is the reason you are getting your chance right now to tell your side, but Mr. House is not here so I refuse to have it heard in this forum. He stated that he is not sure that it is anybody’s fault; it is just the way it happened. He added that one thing; we did have a lady who is in charge of our youth sports that because of health reasons has not been in the picture to help this go smoothly this year. Councilman Bolden clarified that the City wants our youth to be active but everything works on collaboration and when you collaborate with another city and one of the collaborators back out then there are issues. He stated this is what the issues are all about, it is not that we are throwing the youth under the bus. He concurred as the Mayor has said; he wants to have a private meeting to discuss issues. 8  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2018 7:00 P.M. – 7:42 P.M. Mr. Miller stated that he is not understanding how the things of collaboration are not being able to be done on a City level but it can be done on a smaller level. In response to a question from Councilman Traylor, Mr. Miller answered that they had found a place to play, adding that Sherwood had said they could not play but they can play in Maumelle. He stated that if they are going to keep going it will require money, which is the money they paid in Jacksonville. He added that they want to play in Jacksonville, adding that they just want to challenge the other cities and the other youth. Councilman Traylor stated that the reason they may have had better luck than Kevin House is because we were not brining them any money, we were just sharing our team with their teams while you brought them money. Mr. Miller noted that they brought Jacksonville the money first. Several discussions began simultaneously, it was concluded that issues would be addressed in a different forum. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:42 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 9