City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2019 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 February 21, 2019 at the regular meeting place of the City Council. Councilman Bolden delivered the invocation and Mayor Johnson led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Councilman: Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT TEN (10) ABSENT (0). Others present for the meeting were: City Attorney Stephanie Friedman, Public Works Director Jim Oakley, IT Director Scott Roethlisberger, CDBG Director Theresa Watson, Director of Downtown Planning and Development Bob Price, Fire Chief Alan Laughy, Police Chief John Franklin, Parks and Recreation Director Kevin House, Finance Director Cheryl Erkel, Lida Feller, 911 Director Tabby Hughes, Dejuana Sipes, Craig Friedman, Lloyd Friedman, Addie Gibson, Kimberly Lett, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of January 24, 2019 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Ray moved, seconded by Councilman Bolden that the minutes of the regularly scheduled City Council meeting of 3 January 2019 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/CODE ENFORCEMENT Councilman Ray moved, seconded by Councilman Bolden to approve the Regular Monthly Report for January 2019. Code Enforcement for January 2019 Assigned Calls 156 Self-Initiated Calls 479 Follow ups 470 Structures Inspected 3 Meetings/Court Hearings 0 Rentals Inspected 21 Warnings Issued 96 Properties Red Tagged 0 Tickets Issued 2 Search Warrants Served 0 Notice/Letters written 179 Structures Rehabbed 0 Vehicles Tagged 8 Structures Condemned 0 Vehicles Towed 2 Houses Demolished by City 0 Lots posted 0 Houses Demolished by Owner 1 Signs removed 148 Parking Violations 152 Trash cans tagged 11 Grass Letters 0 Basketball Goals 2 Grass Mowed 0 Business License Issued 13 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2019 7:00 P.M. – 7:42 P.M. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for January 2019 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for January 2019 from the Jacksonville Fire Department, reflecting a fire loss of $6,500.00 and a savings total of $243,500.00. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for January 2019. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 9 Building Inspections 15 Business Licenses 0 Electrical 28 Plumbing 13 HVACR 9 REGULAR MONTH REPORT/ANIMAL CONTROL Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for January 2019. ADOPTION FEES/FINES $18,649.00 CONTRIBUTIONS 0.00 TOTALS $18,649.00 MOTION CARRIED. ROLL CALL: Councilmen: Elliott, Bolden, Sipes, Sansing, Ray, 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: ADDITION TO AGENDA: Councilman Sansing moved to suspend the rules and place an item on the agenda for discussion. Councilman Mashburn seconded the motion. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Councilman Sansing introduced the proposal to set the City Council meeting time at 6:00 p.m. instead of the current 7:00 p.m. as set by Ordinance. He noted that while an ordinance was provided by City Attorney Friedman, he 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2019 7:00 P.M. – 7:42 P.M. would like for everyone to consider the proposal and vote on the ordinance at the next regularly scheduled City Council meeting. Mayor Johnson invited the public to submit commentary to the City Council members of their Ward to be offered at the next regularly scheduled City Council meeting. RESUME AGENDA: GENERAL: a. ORDINANCE 1591 (#13-2018) AN ORDINANCE TO MODIFY JACKSONVILLE MUNICIPAL CODE § 2.06.010 (MINIMUM SALARY – MAYOR, JACKSONVILLE MUNICIPAL CODE § 2.08.020 (MINIMUM SALARY – CITY CLERK), AND JACKSONVILLE MUNICIPAL CODE § 2.10.010 (MINIMUM SALARY – CITY ATTORNEY); AND, FOR OTHER PURPOSES. Councilman Collins moved, seconded by Councilman Smith to removed Ordinance 1591 (#13-2018) from the table and place on SECOND READING. MOTION CARRIED. Councilman Collins addressed the City Council from the lectern, saying that Ordinance 1591 has gotten some bad press. He then explained that the annual minimum salary is a set point, adding that he realizes it can be updated at any time. He then read “together with standard employee benefits and accompaniments granted to all City employees/officials through State law and City Policy/Ordinances.” He related that currently we do not have it tied in for the City officials to be included in the employee handbook. He then noted that it specifically states in the employee handbook that employees are not elected officials. He stated that the aforementioned statement is where he is trying to tie it into the employee handbook so it would cover the elected officials and also the retirement system. He noted that there is not currently an ordinance to address the retirement system. He stated that registration fees and expenses for participation in the Municipal League is something that appears to come with an elected official’s office, adding that it is a perquisite. He related that it should actually be documented with an ordinance. He noted that Arkansas statute §14-43-409 addresses additional compensation. He introduced the discussion regarding Vehicle Allowance, pointing out that he had spoken with Mayor Johnson who related that there should be different amounts for the vehicle allowance. He added that if the City is going to have a vehicle allowance there are already items in the policy handbook that provides for being reimbursed for vehicle expense. Councilman Mashburn questioned why the ordinance established the minimum salaries below mid-point, adding that she believes the minimum should be mid- point. She then stated that the vehicle allowance should not be associated with the salary. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2019 7:00 P.M. – 7:42 P.M. Councilman Collins stated that provisions for the vehicle allowance were included so the Mayor would not necessarily need a City vehicle. Councilman Mashburn stated that the Mayor needs the gas allowance but it should not be tied into the salary. Mayor Johnson noted that the gas allowance is not tied to the salary but is a separate line item. He then clarified that social security and Medicare is paid but not retirement. He added that it does appear on the W-2. Councilman Collins noted that it is still a perquisite. He then concurred that the Ordinance amounts could be amended. Councilman Traylor related that the ordinance is not prescribing the actual salary but is just setting a minimum for anyone elected into the position. He noted that the current ordinance has not been updated for years. He stated that the minimum could be based on what the mid is regarding the salary study so that it would not have to be updated periodically. Councilman Collins stated that he would not be opposed to that amendment. City Attorney Friedman offered a legal clarification, pointing out that Arkansas statute §14-43-313 was cited, saying it offers that salaries have to be set by ordinance, but not that a minimum salary needs to be identified. She questioned the reasoning for identifying minimum salaries or is it the actual salary that is required by statute. Councilman Collins agreed it could be done that way, offering his amendments as an update to the current ordinance. City Attorney Friedman stated that even so, that does not mean the current ordinance is in compliance with State statute. Councilman Collins stated that he would entertain an amendment. Mayor Johnson stated that any amendments could be incorporated into the ordinance for presentation at the next scheduled City Council meeting. Councilman Smith questioned the urgency of having something in place instantly, adding that she can see the need to have it done before the next election but is there an immediate need. Councilman Collins stated that he could locate approximately 18 ordinances that need to be updated. He pointed out that this proposal was started on October 30th, before anyone was elected. He related that the reason this was started was because he went to a Municipal League finance meeting on September 12th, which sparked this proposal. Councilman Traylor asked Councilman Collins if he would be willing to table the ordinance and work with City Attorney Friedman, allowing for her input. 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2019 7:00 P.M. – 7:42 P.M. Councilman Collins stated that he would not have a problem with that, but he does not want to see the ordinance set aside to die because the City Council has a responsibility to provide that ordinance. He added that it is in the law and we do not have an ordinance that specifies the elected officials’ salaries. Councilman Twitty moved, seconded by Councilman Mashburn to table the Ordinance allowing further examination by City Attorney Friedman. Councilman Ray admonished that the Ordinance should have been addressed before the November election. He stated that he feels the Ordinance should be delayed until the next election time. Councilman Smith pointed out that it should actually be addressed before the next filling date. Councilman Ray concurred. Councilman Traylor confirmed with City Attorney Friedman that the Ordinance should state what each of the salaries are, questioning if it would have to be updated annually. City Attorney Friedman offered her interpretation of the statute is the ordinance would reflect what the salaries are - not the minimum, clarifying that salaries are prescribed by the budget ordinance. Councilman Bolden stated that he is glad Councilman Collins brought this item before the City Council. He then related that someone should not run because of the salary but run to serve the people. He noted that he and Councilman Ray served on the School Board without monetary compensation. He emphasized that it is about serving the people. He cautioned that everyone should not get upset about this discussion, adding however, it is not an immediate priority. Mayor Johnson offered that he has spoken with Councilman Collins about formulating a good ordinance before the end of the year. It was the consensus of the City Council to from a subcommittee consisting of Councilmen Collins, Mashburn, and Bolden. At this time, MOTION CARRIED unanimously. b. ORDINANCE 1596 (#3-2019) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR PURCHASE OF PLANTERS AND SELF WATERING RESERVOIR SYSTEMS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2019 7:00 P.M. – 7:42 P.M. Councilman Ray moved, seconded by Councilman Traylor to place Ordinance 1596 on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. (0) NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1596. Mayor Johnson stated that donations, not City funds, would be used for the purchases. Councilman Ray moved, seconded by Councilman Mashburn to approve Ordinance 1596 on FIRST READING and SUSPEND THE RULES to place Ordinance 1596 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Traylor moved, seconded by Councilman Ray to further SUSPEND THE RULES and place Ordinance 1596 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Traylor moved, seconded by Councilman Mashburn to APPROVE AND ADOPT Ordinance 1596 with EMERGENCY CLAUSE. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. (0) NAY. MOTION CARRIED. ORDINANCE 1596 (#3-2019) APPROVED AND ADOPTED THIS 21st DAY OF FEBRUARY, 2019. c. ORDINANCE 1597 (#4-2019) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §18.76; (REAL ESTATE SIGNS) DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Councilman Ray moved, seconded by Councilman Traylor to place Ordinance 1597 on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1597. Councilman Ray moved, seconded by Councilman Twitty to approve Ordinance 1597 on FIRST READING and SUSPEND THE RULES to place Ordinance 1597 on SECOND READING. ROLL CALL: Councilman Collins, Smith, Twitty, Traylor, Mashburn, Ray, Sansing, Sipes, Bolden, and Elliott voted AYE. MOTION CARRIED. Councilman Traylor confirmed that the change regarding real estate signage was from 25” X 25” to 30” X 36” and directional signage shall not exceed 18” X 24”. Discussion ensued regarding square footage, Mayor Johnson clarified that this allows for the “sale pending” or “price reduction” to be on top of the sign, which would make it a larger sign. He noted that realtors operate in several cities and this allows for the opportunity to make signs uniform, and put Jacksonville more in line with other surrounding cities. He related they had a meeting with Jacksonville realtors and everyone was good with the proposal. 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2019 7:00 P.M. – 7:42 P.M. Councilman Smith noted that Jacksonville is currently at 4.33 square feet for real estate signs, adding that Sherwood is at 8 square feet, Cabot is 12 square feet, Maumelle is 8 square feet, Benton is 9 square feet, and North Little Rock is 6 square feet. She explained that the intent is to allow real estate agents the opportunity not to have to buy a specific sign just for Jacksonville. Councilman Smith offered an example of the size of sign that is being proposed. Councilman Ray moved, seconded by Councilman Smith to further SUSPEND THE RULES and place Ordinance 1597 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Mashburn to APPROVE AND ADOPT Ordinance 1597 with EMERGENCY CLAUSE. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. ORDINANCE 1597 (#4-2019) APPROVED AND ADOPTED THIS 21st DAY OF FEBRUARY, 2019. d. RESOLUTION 776 (#13-2018) A RESOLUTION AUTHORIZING DESTRUCTION OF SPECIFIED CITY DEPARTMENTAL RECORDS; AND FOR OTHER PURPOSES. Councilman Ray moved, seconded by Councilman Twitty to read Resolution 776 (#13-2018). MOTION CARRIED. Councilman Ray moved, seconded by Councilman Bolden to approve Resolution 776 (#13-2018) in its entirety. Councilman Mashburn moved, seconded by Councilman Twitty to remove 18 records redlined that have historical significance and have them given to the Historical District after any redactions by City Attorney Friedman. MOTION CARRIED. At this time, MOTION CARRIED to adopt Resolution 776 (#13-2018). APPOINTMENTS: CIVIL SERVICE APPOINTMENT Mayor Johnson related that there is an opening to fill the unexpired term of Mark Evans, suggesting that Bill Shelley be given the appointment. He offered that the Civil Service Commission has a retired firefighter but not a retired police officer. He added that in the future he would like to have a retired female police officer to have a more balanced commission that is representative of our community. Councilman Sansing moved, seconded by Bolden to approve the Civil Service Commission appointment of Bill Shelley to fill the unexpired term of Mark Evans to expire 4/01/2023. MOTION CARRIED. 7  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2019 7:00 P.M. – 7:42 P.M. ANNOUNCEMENTS: Mayor Johnson announced a Town Hall meeting the 2nd Thursday in March at City Hall. He stated that it would be open to the public for comment regarding City government. He added that he would like to host at least two or three annually. He related that the Senior Activity Center is hosting its Annual Taste of New Orleans Fundraiser on February 28th beginning at 5:30 p.m. at the Community Center. The Museum of Military History is hosting their Annual Night of the Victory Canteen on March 9th beginning at 6:00 p.m. The Chamber of Commerce is hosting their Business Expo and Job Fair March 7th at the Community Center, 10:00 a.m. to 7:00 p.m. The NAACP is recognizing Mr. Benjamin Craft, first NAACP President and Councilman Reedie Ray, Former Police Chief Frank Neely, Casey Cordell Firefighter and 911 operator, Richard Moss the first African American Chamber of Commerce President and Mt. Pisgah Church the first black church and school; the ceremony will be held at the Chamber of Commerce meeting room beginning at 6:30 p.m. It was also acknowledged that Cynthia Bolden was the first African American woman commissioner on the Civil Service Commission. Councilman Collins noted that Jacksonville Municipal Code 2.04.050 mandates that each February there will be an annual joint planning meeting, adding that we have not had such a meeting since his being elected to the City Council. Mayor Johnson stated that the meeting may be held but it would not be by the end of February. Councilman Twitty thanked everyone for the support of the Father/Daughter Banquet this year, acknowledging Police Chief Franklin and Parks and Recreation Director Kevin House for their contributions. Mayor Johnson noted that 100% of the proceeds goes to scholarship programs. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:42 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 8